Last Updated on: January 10, 2023

By using this website and/or any related content, functionality, and services or mobile applications offered on or in connection with this website (collectively, the “Website”) as a user (“User”, “you”, “your”), you agree to the following Terms and Conditions of Use and Privacy Policy. Please read them carefully before using or accessing the Website.

General Provisions
The Website is owned and operated by HAYVEN TRAVEL INC. (“Company”, “we”, “us”, “our”). Our principal place of business is located in Kingston, Ontario. These Terms and Conditions of Use are subject to change at any time. Any such change is effective immediately upon posting and applies to all access to, and continued use of, the Website.

Age Requirements and Jurisdiction
You must be at least 13 to use or access the Website. The owner of the Website based in Ontario in Canada. The Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Intellectual Property Notice
All text, photographs, graphics and other materials that form part of the Website are subject to the copyrights and other intellectual property rights of Company including without limitation protection under The Copyright Act, RSC., 1985, c. C-42. The Website and its contents may not be copied for any reason, including your personal use, commercial use, or distribution, nor may it be modified or reposted to other sites, without the prior express written permission of Company. We may enforce our rights to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. © 2022. HAYVEN TRAVEL INC. All rights reserved.

Your Communications
Any communications made by you through or in connection with the Website (“User Submissions”) are not held privileged or confidential and are subject to viewing and distribution by third parties. By providing any User Submissions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such materials for any purpose without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submissions. For more information on when and how we store and use User Submissions that contain personally identifiable information, please refer to our Privacy Policy. You agree not to submit any User Submissions that are illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate, or that infringe on the rights of any third party. We reserve the right to remove any User Submissions in whole or in part in our sole discretion.

Disclaimers
You understand and agree that your use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

The Website is provided for educational and informational use only. The Company makes no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website or its contents. Without limiting the foregoing, the Company does not represent or warrant that the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, and that the Website or the server that makes it available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items found or attained through the Website or to your downloading of any material posted on it, or on any Website linked to it.

While we may reference certain results, outcomes, or situations on this Website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this Website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this Website, related materials, products, courses or the materials contained herein.

While Company may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.

This Website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this Website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at julia.hayventravel.com.

Indemnity and Release
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Company, its affiliates, suppliers and service providers and each of their respective officers, directors, employees, consultants, representatives, and agents (each a “Releasee” and collectively the “Releasees”) from any direct or indirect loss, claim, cause of action, or demand (including without limitation reasonable legal, accounting, and other professional fees) incurred by any Releasees as a result of your use of the Website or breach of these terms, including without limitation as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

BY USING THIS WEBSITE YOU COVENANT NOT TO BRING ANY CLAIMS OR DEMANDS AGAINST ANY RELEASEES IN RESPECT OF YOUR USE OF THE WEBSITE AND YOU FOREVER RELEASE AND DISCHARGE ALL RELEASEES FROM LIABILITY UNDER SUCH CLAIMS OR DEMANDS.

Termination
If at any time we feel that you have violated these Terms and Conditions, we may immediately terminate your use of our Website and any User Submissions as we deem appropriate. It is within Company’s sole discretion to allow any User’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits.

Severability & No Waiver
If any part of these Terms and Conditions of Use is determined by a Court of competent jurisdiction to be unlawful, or otherwise unenforceable, the offending provision shall be severed, and the validity of the remaining provisions shall not be affected. The rights and obligations of the Company and you shall be construed as if the within Terms and Conditions of Use did not contain the term or provision held to be invalid or unenforceable.

The failure by one or both of the Company and you to enforce a provision of these Terms and Conditions of Use shall not be considered evidence of any waiver, breach or relinquishment of such provisions, and said provisions will remain in full force and effect. The failure by one or both of the Company and you to enforce a provision of these Terms and Conditions of Use shall not constitute a waiver of any other portion or provision of these Terms and Conditions of Use.

Headings
Headings and titles are provided in this Terms and Conditions of Use for convenience only and will not be construed as part of the legal terms.

Venue and Jurisdiction
This Terms and Conditions of Use and our Privacy Policy shall be governed by and construed in accordance with the federal laws of Canada and the laws of the Province of Ontario, including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Any and all disputes or disagreements rising between the Company and you out of this Terms and Conditions of Use upon which an amicable understanding cannot be reached shall be referred to and finally resolved by arbitration under the Arbitration Act, 1991, S.O. 1991, c. 17 or any successor legislation thereto. The place of the arbitration shall be Toronto, Ontario, unless another location is mutually agreed to by the Company and you. There shall be one (1) arbitrator and the language of the arbitration shall be English. The cost and expenses of the arbitrator shall be shared equally by the Company and you. The Company and you shall each be responsible for its own costs and expenses in presenting the dispute for arbitration. The decision of the arbitrator shall be final and there shall be no right of appeal. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Notwithstanding the forgoing, nothing herein will prevent the Company from seeking injunctions or court orders in respect of protecting and enforcing its intellectual property rights.

Questions
If you require any more information or have any questions about these Terms and Conditions of Use or our Privacy Policy, please feel free to contact us by email at julia.hayhurst@hayventravel.com. View Our Privacy Policy HERE.