1.Use of this Web site
This Web site is owned and operated by the Greater Montréal Convention and Tourism Bureau (Tourisme Montréal)(hereinafter the “Site Owner”), who provides it to you (“the User”) for non-commercial and informative purposes. Your use of this Web site is subject to the following terms and conditions (the “Terms”) and all applicable laws. By accessing and browsing this Web site, you agree to abide by these Terms without limitation or reservation. If you do not agree with any Term set forth herein, please do not use this Web site. You are solely responsible for ensuring that you are legally accessing this Web site, and that the content available therein or thereby is legal in every jurisdiction where you access or view this Web site or its content, as well as in any intermediary jurisdiction by which you do so.
2.Exclusion of warranties
The Site Owner, as well as their affiliated and associated companies, their respective administrators, executives, owners, partners, employees, agents, representatives, successors and assigns (the “Group Members”) make no claims or warranties, express or otherwise, regarding the functionality or the state of this Web site, its relevance for usage purposes or its use without interruptions or errors. ALL CONTENT, INFORMATION, APPLICATIONS, PRODUCTS AND SERVICES PRESENTED ON THIS WEB SITE AS WELL AS RELATED INFORMATION ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. THE SITE OWNER, GROUP MEMBERS AND LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The information, applications, products, services and contents featured on this Web site are not intended to provide specific technical, financial, fiscal, legal, business or accounting advice, nor any other form of advice applicable to the user’s specific situation, and we recommend that you consult with your own professional advisors to determine how any information, applications, products, services or contents made available on this Web site apply to your specific situation. These exclusions are in addition to any specific exclusions otherwise set forth in these Terms. Should the exclusion of certain warranties be prohibited in the jurisdiction whose laws govern the actions of the user, such unauthorized exclusions shall not apply, while all other legal exclusions will persist. THE INFORMATION, APPLICATIONS, PRODUCTS AND SERVICES ANNOUNCED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY PERIODICALLY BE SUBJECT TO CHANGE. THE SITE OWNER, GROUP MEMBERS, AND/OR THEIR RESPECTIVE SUPPLIERS MAY IMPROVE AND/OR MODIFY THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
3.Limitation of liability
NEITHER THE SITE OWNER, NOR THE GROUP MEMBERS WILL ASSUME ANY LIABILITY FOR DAMAGES, EITHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, OF ANY NATURE, RELATED TO THE USE OF OR INABILITY TO USE THIS WEB SITE OR CONTENT, PRODUCTS OR SERVICES OF ANY KIND, POSTPONEMENT OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES AND/OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS; AND NO INDEMNIFICATION OR REMEDY OF ANY NATURE WILL BE PROVIDED TO ANY USER OR THIRD PARTY. The user’s sole and exclusive remedy consists in discontinuing the use of and access to this Web site. Should a part of these exclusions not be valid in the jurisdiction whose laws govern the actions of the user, such a part will not apply, while all other exclusions will be maintained.
All transactions carried out using the Web site and arising from use thereof are directly and exclusively entered into by the travel-related product or service provider as described and listed herein and their customer. The Site Owner is neither the representative, nor the agent of those service providers and shall not be concerned in any way, by any claim or dispute that may arise between service providers and their customers. Furthermore, the Site Owner is in no way liable for any damage, or financial or information loss that could result from such transactions. Any user making a booking through this Web site agrees to comply with the terms and conditions for making, changing and cancelling bookings, as described by the service or product provider in question at the time of purchase.
Any user who has booked a product or service using this Web site and wishes to modify or cancel such a booking acknowledges that they have entered into a business relationship with the product or service provider as opposed to the Site Owner. Users must therefore comply with the conditions for modifying or cancelling bookings, as specified by the provider at the time the booking was made.
4.Copyrights and trademarks
Contents on this Web site, including but not limited to texts, images, logos, illustrations, software, audio files and video clips, are owned by the Site Owner or otherwise provided thereby under licence, and the Site Owner does not represent or warrant in any way that such contents do not infringe the rights of any other person or entity. The contents of this Web site are protected in Canada and in other jurisdictions under the Copyright Act and governed by all applicable international conventions. Consequently, the contents of this Web site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in part or as a whole, in any form whatsoever, whether in text, audio, video or executable format, without prior written consent from the Site Owner. Trademarks, official marks, logos and service marks (collectively, “Marks”) presented on this Web site are registered or unregistered Marks of the Site Owner or others that have licensed their use to the Site Owner, and are the property of their respective owners. The Marks may not be used in any way without prior written consent from their owner. Nothing in this Web site may be construed as conferring any right to use the Marks or the content protected under the Copyright Act.
For a specific authorization regarding the photographs and logos included in the photographic library, please review the Licence for Use of Photographic Library and Logos.
5.Registration, subscription, user name and password
The use of some of the related services and functionalities offered on this Web site require that the user becomes a member of Tourisme Montréal. Should you decide to register as a member or to subscribe to services or functionalities, you consent to supply accurate and up-to-date personal information, as required in the relevant registration or subscription process, and to ensure its accuracy by updating such information as soon as the need arises. You agree to preserve the confidentiality of all passwords and account identifiers of your own choosing or assigned to you at the time of your registration or subscription on this Web site, and to assume sole responsibility for any activity related to the use of these passwords and/or accounts. Furthermore, you agree to warn the Site Owner of any unauthorized use of your password or member account. Neither the Site Owner nor the Group Members may be held liable in any way, directly or indirectly, for any loss or damage of any nature arising from your own failure to comply with this provision or related to such failure.
You acknowledge that the Site Owner may, at their sole and absolute discretion, and without prior notice, suspend, cancel or terminate your account, your use or your access to this Web site, or any of their services, as well as remove and delete any information or content relative to this Web site or one of the services (and terminate your use thereof), for any reason whatsoever, including in the event that the Site Owner believes that you have infringed these Terms. Moreover, you acknowledge that the Site Owner and Group Members are not accountable to you or anyone pursuant to such a suspension, cancellation or termination. Should you experience dissatisfaction with this Web site or one of its related services, Terms, conditions, rules, policies, guidelines or practices of the Site Owner in regard to the operation of this site or any one of their services, your only remedy consists in discontinuing the use of said site or service.
6.Confidentiality of the information submitted
Internet communications are subject to interception, loss or alteration. Consequently, you acknowledge that the information or items you submit electronically as a result of your accessing or use of this Web site are neither confidential nor exclusive, except within the limits prescribed by applicable laws, and that unprotected e-mail communications on the Internet may be intercepted, altered or lost.
This Web site may include community boards, chat rooms, blogs (maintained by bloggers that are hired by the Site Owner to promote Montréal, its activities, attractions and experiences) and forums (collectively, “Forums”) allowing for information sharing between the Site Owner and users as well as a real-time interaction between users. Unless otherwise specified, the Site Owner in no way controls the messages, information or files posted on these Forums. The Site Owner however reserves the right to monitor, correct, refuse to display or delete at any time, in part or as a whole, any information or content deemed, at their sole discretion, inappropriate or contrary to the spirit of these Terms, as well as to refuse access of any user to the Site. Users accessing the Forums shall agree to refrain from engaging in any of the following actions:
8.Additional responsibilities of user
You therefore commit to using the Forums in compliance with these Terms and in a reasonable fashion. More specifically, you commit to ensuring that none of the messages, conversations, chats and/or other exchanges you will take part of in the Forums are defamatory or by nature breach the right to image or privacy of any person, contain obscenities, feed hatred or otherwise engage the civil or criminal liability of an individual or entity.
You additionally acknowledge the following responsibilities:
The Site Owner may monitor access to the Web site, discussions thereon and content posted, as well as other activities related to the Web site, and they may intervene accordingly, while they are not making any claims or warranties to this effect. You consent to such monitoring and intervention, should the Site Owner decide to pursue such actions.
Links and references to other Web sites are provided exclusively for your convenience. The Site Owner has not verified accessibility and does not expressly or implicitly endorse the other Web sites or their content, or any information or items accessible using such links, and does not assume any responsibility regarding any such other Web site, information or content, or products or services, posted or available thereon.
The Site Owner reserves the right to request, at any time, that any link to this Web site created from a third party's website be deleted if, in Site Owner's sole discretion, such link causes the Site Owner a prejudice.
The Site Owner does not claim or warrant that the information or content, including the downloadable software, accessed from or through this Web site will be free of errors, defects, viruses or other harmful components, that access thereto will be uninterrupted, or that any such issues as they are discovered will be corrected.
12.Use of travel services
You warrant that you are at least 18 years of age and possess the legal authority to enter into an agreement, and that you are using this Web site in compliance with these Terms. You agree to assume all expenses incurred as part of your use of this Web site (as well as those incurred by other individuals using your account). You also warrant that all of the information you have supplied as part of the use of this Web site is true and accurate. Any speculative, false or fraudulent booking, as well as any booking made in anticipation of demand is strictly prohibited. You consent to use the travel service booking functionalities of this Web site exclusively for making legitimate booking or purchases on your behalf or on that of another person who has expressly authorized you to do so. You understand that access to the travel service booking functionalities available on this Web site could be refused should you make any abusive or excessive use of it.
The “Last Minute Deals” feature of this Web site is designed exclusively to help customers determine whether the travel-related products and services are available, to make legitimate bookings, or to otherwise negotiate in any other way with the suppliers.
Specific terms and conditions will govern the booking and purchase of the travel-related products and services that you will select. You agree to comply with the terms and conditions of purchase of any supplier you elect to do business with, including payment of all amounts due at the applicable time, and to abide by all rules and restrictions relative to rates, products or services. You shall be fully responsible for all charges, fees, duties and other amounts due as a result of using this Web site. The Site Owner is not a travel agent, tourism wholesaler or tourism retailer as defined by the Travel Agents Act of the Province of Québec.
13.Accuracy of information
The Site Owner may update the information, content or items on this Web site without notice from time to time, but makes not
guarantees that any material on this Web site is up-to-date, accurate, error-free or complete.
The prices of the products and services offered by suppliers and posted on this site,
including the price of “Sweet Deal” or “Passion” packages, as well as the description of the packages available from
their respective suppliers are only indicative, and are based on the information provided to the Site Owner by the suppliers. The Site Owner does not guarantee, in any way, that this information is accurate, error-free or complete. As well, the Site Owner and its Group Members cannot be held responsible for any inaccuracies, errors or incomplete entries in such information and descriptions. Subject to verification with the concerned suppliers, the Site Owner commits to promptly rectifying any inaccuracies, errors or imprecise elements that any person would bring to its attention. The price payable for each product or service booked or purchased online is the price listed for that product
or service, as declared by the supplier to the Site Owner. The Site Owner shall
assume no liability for the information posted on the site in relation to the
price or description of any package, including the “Sweet Deal” or “Passion”
packages, in particular regarding the compliance with the conditions of a
package of any offer by a supplier. The user undertakes to verify the total
cost and description of any offer of a supplier and to be satisfied by such
price and description before making any purchase or reservation.
The “Currency Converter” is supplied by the Site Owner under licence from XE.COM. For any information regarding the “Currency Converter,” please visit http://www.xe.com. Use of the “Currency Converter” is governed by these Terms as well as the conditions of use found at http://www.xe.com. Any use of this tool for purposes other than those prescribed by the Site Owner and XE.COM as well as any reproduction of this tool from this Web site are prohibited, unless authorized in writing by the Site Owner and XE.COM. The Site Owner assumes no form of liability regarding the accuracy or the proper operation of the “Currency Converter.” By using the “Currency Converter,” you consent to the use by XE.COM of the personal information collected as specified herein. Without limiting the generality of the foregoing, the following acts by means of the “Currency Converter” are prohibited:
15.Reservation of rights
The Site Owner reserves all rights not expressly claimed herein. None of the provisions composing these Terms shall be construed as implicitly, exclusively or otherwise granting any licence or right under a copyright, patent, trademark, or any other intellectual property right of the Site Owner or any other individual or entity.
16.Modification of terms
The Site Owner may modify or otherwise update the Terms applicable to this Web site from time to time without notice. You accordingly agree to be bound by the Terms in effect at the time you access this Web site.
This Web site is controlled and operated by the Site Owner from Montréal, Québec, Canada. The Site Owner makes no claims whatsoever in regard to the relevance or availability of the Web site content for use in other jurisdictions. Any individual who chooses to access this Web site from other locations does so of their own accord, and is responsible to comply with all local laws, to the extent to which they apply.
This site is controlled and operated by the Site Owner from Montréal, Québec, Canada, and these Terms are governed by the laws of the Province of Québec as well as all applicable Canadian laws, without regard to conflict-of-law principles. You agree to be bound by these laws and to submit to the authority of the courts of Montréal, Québec, Canada, in respect to the interpretation or application of these Terms.
19.Integral agreement and transfer
This Agreement is entered into by the User personally, and the latter may not transfer their rights or obligations hereunder to anyone.
20.Survival of obligations and severability
These Terms apply while you are accessing the Web site and remain in effect thereafter. Should you no longer have access to this Web site, the provisions set forth in Articles 2, 3, 4, 7 and 8 of these Terms will persist thereafter.
Should a provision of these Terms be declared illegal, invalid or unenforceable by a competent authority in any jurisdiction, such statement will have no effect on the provision in question in any other jurisdiction and will in no way render this provision illegal, invalid or unenforceable in any other jurisdiction; nor will it have any effect on any other provisions of these Terms in any jurisdiction.
Default from the Site Owner to ensure the strict application of any right or provision under these Terms shall not be construed as forfeiture of such right or provision.