1. INTRODUCTION
1.1 These terms of use explain how you may use this app and website (the “GuidED
Platform”). References in these terms to the GuidED Platform includes the following
website: GuidED – http://www.guided.ca and all associated web pages. You should
read these terms and conditions carefully before using the GuidED Platform. By
accessing or using this GuidED Platform or otherwise indicating your consent, you
agree to be bound by these terms and conditions and the documents referred to in
them. If you do not agree with or accept any of these terms, you should cease using
the GuidED Platform immediately. If you have any questions about the app and/or
website, please contact [email protected].
1.2 Definitions
a) “Content” means any text, image, video, audio or other multimedia content,
software or other information or material submitted to, subsisting on or
accessible from the GuidED Platform.
b) “We”, “us” or “our” means Guided Tobermory Inc. (the “GuidED”) and its
affiliates.
c) “You” or “your” means the person accessing or using the GuidED Platform or
its Content.
d) GuidED offers an online venue that enables users (“Members”) to publish,
offer, search for, and book services. Members who publish and offer services
are “Guides” and Members who search for, book, or use services are
“Travelers.” Guides offer leading, instructing and training activities, excursions,
and events (“Experiences”), and a variety of other services (collectively,
“Guiding Services,” and each Guiding Service offering, a “Listing”). You must
register an account to access and use many features of the GuidED Platform
and must keep your account information accurate. As the provider of the
GuidED Platform, GuidED does not own, control, offer or manage any Listings
or Guiding Services. GuidED is not a party to the contracts concluded directly
between Guides and Travelers, nor as an agent in any capacity for any
Member.
e) Guides are responsible for understanding and complying with all laws, rules,
regulations and contracts with third parties that apply to your Guiding Services.
1.3 Privacy Statement: these terms include our Privacy Statement which shall be subject
to these terms in the event of any conflict or inconsistency. These terms may also be
supplemented or replaced by additional terms, such as our Privacy Policy (“Additional
Terms”), relating to specific content, goods or services made available on relevant
pages of the GuidED Platform. Additional Terms will be made available on relevant
pages of the GuidED Platform and will be accessible by you for your acceptance
before you place an order. Additional Terms shall prevail to the extent that there is any
conflict or inconsistency with any other of these terms.
1.4 Intended Use: This GuidED Platform is intended for and directed to residents of
Canada over the age of 18 years.
1.5 Accessibility: We seek to make this GuidED Platform as accessible as possible. If
you have any problems accessing this GuidED Platform or the content contained on
it, please contact us at [email protected]
2. TERM AND TERMINATION
2.1 The agreement between you and GuidED reflected by these Terms and Conditions is
effective when you access the GuidED Platform and remains in effect until either you
or we terminate the agreement in accordance with these Terms and Conditions.
2.2 You may terminate this agreement at any time by sending us an email requesting to
terminate your account. We may terminate this agreement and your account for any
reason by giving you 30 days’ notice via email or using any other contact information
you have provided for your account. We may also terminate this agreement
immediately and without notice and stop providing access to the GuidED Platform if
you breach these Terms and Conditions, you violate our Policies, you violate
applicable laws, or we reasonably believe termination is necessary to protect GuidED,
its Members, or third parties. If your account has been inactive for more than two years,
we may terminate your account without prior notice.
2.3 If you are a Guide and wish to terminate your GuidED account, any confirmed
booking(s) will be automatically cancelled and your Users will receive a full refund. If
you terminate your account as a Traveler, any confirmed booking(s) will be
automatically cancelled and any refund will depend upon the terms of the reservation’s
cancellation policy. When this agreement has been terminated, you are not entitled to
a restoration of your account or any of your content. If your access to or use of the
GuidED Platform has been limited, or your GuidED account has been suspended, or
this agreement has been terminated by us, you may not register a new account or
access or use the GuidED Platform through an account of another Member.
3. YOUR ACCOUNT AND MEMBERSHIP
3.1 You may be required to create an account and specify a password in order to use
certain services or features on the GuidED Platforms. To create an account, you must
be at least 18 years old and you must provide truthful and accurate information about
yourself. You are not allowed to impersonate anyone else when you create your
account. If your information changes at any time, please update your account to reflect
those changes.
3.2 You may not share your account with anyone else. Please keep your password
confidential and try not to use it on other websites. If you believe that your account has
been compromised at any time, please notify us at [email protected]
3.3 We offer two types of Individual Membership: A Traveler (User) membership, and a
Guide membership.
3.4 Based on the membership chosen, your account will reflect the relevant booking fee
being charged to the card details submitted by the you during registration for the
service purchase and/or provided to the users. You can be both a Traveler & a Guide,
and easily switch between accounts in your profile.
3.5 The membership may be cancelled at any time, subject to the provisions of this
section.
3.6 In order to cancel a membership, you must contact GuidED customer support at
[email protected]. Once you have confirmed your cancellation details, you will receive
a confirmation email to let you know that this has been successfully processed.
3.7 We reserve the right to change the features, content or services related to any
membership package without notice to the user in order to improve the quality of the
membership offered to you or to comply with any relevant laws, regulations or to our
policies. The fees charged for each membership type is priced as advertised on the
GuidED Platform at time of creating your account, and we, in our sole discretion,
reserve the right to amend or change any fee and price. Existing members will be
provided with notice of any changes to future fees and prices. Any special offer or
discount offered may be withdrawn or changed without notice.
3.8 The membership is to be used by a sole individual per login credentials and is non-
transferable. Membership benefits including logins, access to content and services are
linked to a specific user and cannot be shared with other non-users. We shall monitor
the number of devices used to access a membership and breach of these terms may
result in revoking your access to the GuidED Platform. In the event of access being
revoked due to breach of this clause, no refund shall be provided for any membership
fees you may have already paid.
4. BOOKING – FOR TRAVELERS (USER)
4.1 When you book a Listing, you are agreeing to pay all charges for your booking
including the Listing price, applicable fees like GuidED’s service fee, offline fees, taxes,
and any other items identified during checkout (collectively, “Total Price”). You are also
agreeing that we may charge and collect any security deposit identified during
checkout. When you receive the booking confirmation, a contract for Guiding Services
is formed directly between you and the Guide. The cancellation policy and any other
rules, standards, policies, or requirements identified in the Listing or during checkout
form part of your contract with the Guide. Be aware that some Guides work with a
company as part of a team to provide their Guiding Services.
4.2 You are responsible for confirming that you, and anyone you invite, meet minimum
age, proficiency, fitness, or other requirements. You are responsible for informing the
Guide of any medical or physical conditions, or other circumstances that may impact
your ability to participate, attend, or use the Guiding Service. Except where expressly
authorized, you may not allow any person to join a Guiding Service unless they are
included as an additional TRAVELER during the booking process. In the event that a
person attending a tour is not a Member, such person must provide the Guide with
their names and ages. The Traveler Release & Waiver Form MUST BE SIGNED by
all Travelers attending the Adventure Tour.
4.3 You are responsible and liable for your own acts and omissions and are also
responsible for the acts and omissions of anyone you invite to join or provide access
to any Guiding Service. For example, this means you must act with integrity, treat
others with respect, and comply with applicable laws at all times. If you are booking
for an additional user who is a minor or if you bring a minor to a Guiding Service, you
must be legally authorized to act on behalf of the minor and you are solely responsible
for the supervision of that minor. You must inform the Guide if you are bringing an
individual under the age of 18. The Waiver must be signed.
4.4 You acknowledge that many activities carry inherent risks and agree that, to the
maximum extent permitted by applicable law, you assume the entire risk arising out of
your access to and use of the Guided Platform, including your participation in any
Guiding Services, or any other interaction you have with other Members whether in
person or online. This means it is your responsibility to investigate a Guiding Service
to determine whether it is suitable for you. For example, Guiding Services may carry
risk of illness, bodily injury, disability, or death, and you freely and willfully assume
those risks by choosing to participate in those Guiding Services.
5. GUIDING – FOR GUIDES
5.1 When you accept a booking request, or receive a booking confirmation through the
GuidED Platform, you are entering into a contract directly with the Traveler and are
responsible for delivering your Guiding Service under the terms and at the price
specified in your Listing. You are also agreeing to pay applicable fees like GuidED’s
service fee (and applicable taxes) for each booking. We will deduct amounts you owe
from your payout unless we and you agree to a different method. Any terms, policies
or conditions that you include in any supplemental contract with Traveler must: (i) be
consistent with these Terms and Conditions, our policies, and the information provided
in your Listing, and (ii) be prominently disclosed in your Listing description.
5.2 Guides must honor their bookings, unless the guide must cancel due to a valid
extenuating circumstance such as declared emergencies and epidemics, military
actions and other Guideilities, natural disasters, safety concerns, or dangerous
weather conditions.
5.3 Your Listing must include complete and accurate information about your Guiding
Service, your price, other charges such as security deposits, offline fees, and any rules
or requirements that apply to your Traveler or Listing. You are responsible for keeping
your Listing information (including calendar availability) and content (such as photos)
up to date and accurate at all times. We recommend that you obtain appropriate
insurance for your Guiding Services and suggest you carefully review policy terms and
conditions including coverage details and exclusions. You may only maintain one
Listing per Guiding Service.
5.4 When listing a Guiding Service you must, where applicable, fully educate and inform
Travelers about (i) any risks inherent or incidental to the activities, (ii) any requirements
for participation, such as the minimum age, related skills, or level of fitness, and (iii)
anything else they may need to know to safely participate in the activities (including
dress codes, equipment, special certifications or licenses, etc.). GuidED reserves the
right to decide, in its sole discretion, whether a submitted Listing will be published on
the GuidED Platform.
5.5 If an activity includes a technically specialized activity where we require proof of a
license, certification, or insurance, it will not be published if any of the following is true:
1) the Guide does not submit the requested documents; 2) the requested documents
are expired; 3) the name(s) on the documents does not match the name listed on the
Guide’s GuidED profile; 4) the documents don’t meet our license or insurance
requirements; or 5) We cannot process the provided documents for any other reason
(e.g. blurry photo or unrecognized document type).
5.6 If we are made aware that a Listing, Experience, and/or their Guides violates our
platform policies, community standards, or terms of service, we take action including
permanent removal from our community if warranted. We’re constantly reviewing and
revising our platform policies and protections in order to make the adventures and
Experiences offered on GuidED safer and higher quality.
5.7 You are responsible for providing all equipment, including supplies, vehicles, venues
and other materials (“Equipment”) necessary to the Guiding Services. You are solely
responsible for ensuring that the Equipment used in your Experience is in good
working order and conforms to all laws pertaining to safety, equipment, inspection, and
operational capability. Except as otherwise required by law, you assume all risk of
damage or loss to your Equipment.
5.8 You are responsible for (i) understanding and complying with all laws, rules and
regulations that may apply to your Guiding Services, (ii) obtaining any required
licenses, permits, or registrations prior to providing your Experience; and (iii) ensuring
that your Listing and/or Guiding Services will not breach any agreement you may have
with any third party.
5.9 We may require that you obtain your own insurance in order to publish a Listing on the
GuidED Platform. In such cases, you agree to obtain and maintain insurance for you,
the members of your team or organization, and/or your Listing with the coverage and
in the amounts determined by us in our sole discretion for any and all activities that
take place on your Listing. You agree to cooperate with GuidED to verify such
insurance coverage. In the event that GuidED has obtained its own liability insurance
that covers your Listing, your insurance will be the primary source of coverage and
GuidED’s insurance will operate as excess or secondary insurance for any amounts
exceeding your coverage. Our procurement of such secondary insurance coverage
does not relieve you of your obligation to obtain insurance in amounts required by us.
5.10 Your relationship with GuidED is that of an independent individual or entity and not
an employee, agent, joint venturer, or partner of GuidED. GuidED does not direct or
control your Guiding Service, and you agree that you have complete discretion
whether and when to provide Guiding Services, and at what price and on what terms
to offer them.
5.11 Guides may not solicit an online or offline payment from Travelers outside of the
GuidED’s Platform.
5.12 You acknowledge that Guiding Services carries inherent risks and agree that you
assume the entire risk arising out of your access to and use of the GuidED Platform,
offering Experiences and Guiding Services, or any interaction you have with other
Members whether in person or online. You agree that you have had the opportunity to
investigate the GuidED Platform and any laws, rules, regulations, or obligations that
may be applicable to your Listings or Guiding Services and that you are not relying
upon any statement of law made by GuidED.
6. RESTRICTIONS ON USE
6.1 This GuidED Platform is for your personal and non-commercial use only. As a
condition of your use of the GuidED Platform, you agree:
a) not to use this GuidED Platform for any purpose that is unlawful under
applicable law, or prohibited by these terms and conditions;
b) not to defame or disparage anybody or make comments of an obscene,
derogatory or offensive manner or otherwise use this GuidED Platform or its
Content in a way that brings us or any third party into disrepute or causes us
to be liable to any third party;
c) not to reverse engineer, decompile, copy, modify, distribute, transmit, license,
sublicense, display, revise, perform, transfer, sell or otherwise make available
to any third party or otherwise publish, deep link, create derivative works from
or exploit in any way this GuidED Platform or its Contents except as permitted
by us under these terms or as expressly provided under applicable law and/or
under any Additional Terms;
d) not to use this GuidED Platform to distribute viruses or malware or other similar
harmful software codes
e) not to represent or suggest that we endorse any other business, product, or
service unless we have separately agreed to do so in writing; and
f) that you are solely responsible for all costs and expenses you may incur in
relation to your use of this GuidED Platform and shall be solely responsible for
keeping your password and other account details confidential.
6.2 We reserve the right to prevent or suspend your access to this GuidED Platform if you
do not comply with any part of these terms and conditions or any applicable law.
7. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
7.1 This GuidED Platform and all intellectual property rights in this GuidED Platform
(including without limitation any Content) are owned by us and/or our licensors. All
Content, information, and materials appearing on or emanating from the provision of
the services (including, but not limited to news articles, photographs, images,
illustrations, audio clips, video clips, links, forum posts, chat posts, messages, emails),
are protected by copyright, and owned or controlled by us or the party credited as the
provider of the Content. We and our licensors reserve all our intellectual property rights
(which include without limitation all copyright, trademarks, domain names, design
rights, database rights, patents, and all other intellectual property rights of any kind)
whether registered or unregistered anywhere in the world.
7.2 Nothing in these terms and conditions grants you any rights in the GuidED Platforms
other than as necessary to enable you to access this GuidED Platform. You agree not
to adjust to try to circumvent or delete any intellectual property notices contained on
this GuidED Platform and in particular in any digital rights or other security technology
embedded or contained within any GuidED Platform Content.
7.3 The Services and Content are protected by copyright pursuant to Canada, U.S. and
international copyright laws. You may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create new works from, distribute, perform, display, or
in any way exploit, any of the Content or the Services (including software) in whole or
in part.
7.4 You may download or copy the Content and other downloadable items displayed on
the GuidED Platform or Services for personal use only, provided that you maintain and
abide by any author attribution, copyright or trademark notice or restriction in any
material that you download or print.
7.5 You will not sell, redistribute, retransmit, reproduce, display, or otherwise provide
access to the Content to any third party, nor modify or create derivative works from
any Content.
7.6 Trademarks: The use or misuse of any trademarks or any other Content on this
GuidED Platform except as provided in these terms and conditions is strictly
prohibited. Nothing contained on the GuidED Platform shall be construed as granting,
by implication, estoppel or otherwise, any license or right to use any trademark without
our prior written permission.
8. SOFTWARE
8.1 Where any software is made available for downloading from the GuidED Platform, this
is our copyrighted work and/or that of our licensors. You may only use such software
in accordance with the terms of the end user license agreement, if any, which
accompanies the software and, subject thereto, in accordance with these terms. All
such software is made available for downloading solely for your use in a non-
commercial manner. Any reproduction or redistribution of software not in accordance
with the end user license agreement and/or these terms is expressly prohibited and
may result in severe civil and criminal penalties.
8.2 Our software is warranted only to the extent expressly required by law or according to
the terms of the end user license agreement. We hereby disclaim all other warranties,
conditions, and other terms (whether express or implied) with regard to the software,
including all implied warranties and conditions of satisfactory quality, freedom from
defects and fitness for a particular purpose. In no event shall our aggregate liability in
respect of any such software exceed the limitations of liability in the applicable end
user license agreement. Or in all other cases the amount you paid us for the relevant
software.
8.3 The provision of the service may include features that operate in conjunction with
certain third-party software, and website such as Google Maps, Stripe, Amazon
Guiding Services, or social networking websites that you visit such as Facebook,
Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use
of the Social Network Features is governed by these Terms, your access and use of
third-party social networking sites and the services provided through the Services is
governed by the terms of service and other agreements posted on these sites. You
are responsible for ensuring that your use of those sites complies with any applicable
terms of service or other agreements.
9. SUBMITTING INFORMATION TO THE GUIDED PLATFORM
9.1 The GuidED Platform is not a secure means of communication and any information
you supply to us will not be kept confidential. For that reason, you should not submit
or send to us any patentable ideas or patent applications, advertising or marketing
suggestions, prototypes or any information, written or oral, which you regard as
confidential or commercially sensitive or valuable (collectively referred to as
“Unwanted Submissions “). While we value your feedback, you agree not to submit
any Unwanted Submissions. Any submission (including any Unwanted Submission)
made to us is deemed to be our property. By transmitting or posting any submission
or other material to us, you agree that, subject to our Privacy Statement, we are
entitled to use any such information in any manner we see fit (including reproduction,
transmission, publication, broadcast, and posting on any media and anywhere in the
world) on a free of charge basis. We shall not be subject to any obligation of
confidentiality nor be liable for any use and/or disclosure of such submissions.
9.2 Where our GuidED Platform enables you to communicate with us and/or other users
of the GuidED Platform, you may not use this GuidED Platform to transmit harmful or
offensive (e.g., violent, obscene, discriminatory, defamatory, or otherwise illegal)
communications or material which might otherwise bring us or these GuidED Platform
into disrepute. Although we reserve the right to monitor, edit, review, or remove
discussions, chats, postings, transmissions, bulletin boards and similar
communications on this GuidED Platform from time to time, we are under no obligation
to do so and assume no responsibility or liability arising from any Content posted on
this GuidED Platform nor for any error, omission, infringement, defamatory statement,
obscenity, or inaccuracy contained in any such information. Our right to use
submissions or other material provided by you is non-exclusive, freely transferable,
and worldwide so you shall be entitled to use your own material yourself subject to
applicable law.
9.3 You represent and warrant that any Content you supply to us is and shall be your own
original work and has been lawfully provided to us and that you have all necessary
consents to provide this to us and that we shall be entitled to disclose your name with
any such Content that we may choose to publish. You agree that you waive all moral
rights you may have in any such Content but that any personal data you supply with
your Content may, if we choose to do so, be used by us as described in our Privacy
Statement. We accept no liability in respect of any content submitted by users and
published by us or by authorized third parties.
9.4 You shall not upload to, or distribute, or otherwise publish on to the Services any
libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
9.5 The Services shall be used only in a noncommercial manner. You shall not, without
our express approval, distribute or otherwise publish any material containing any
solicitation of funds, advertising or solicitation for goods or services.
10. ACCURACY OF INFORMATION AND AVAILABILITY OF THE GUIDED PLATFORM
10.1 While we use reasonable efforts to include accurate and up-to-date information on
the GuidED Platform, we do not represent, warrant or promise (whether expressly or
by implication) that any Content is or remains available, accurate, complete, and up to
date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance
you may place on the information on this GuidED Platform is at your own risk and we
may suspend or terminate operation of the GuidED Platform at any time at our sole
discretion. Nothing in these terms and conditions shall operate to prejudice any
mandatory statutory requirement or your statutory rights. Content on the GuidED
Platform is provided for your general information purposes only and to inform you
about us and our products and news, features, services, and other websites, which
may be of interest. It does not constitute technical, financial, or legal advice or any
other type of advice and should not be relied on for any purpose.
10.2 While we make commercially reasonable efforts to ensure that this GuidED
Platform is available, we do not represent, warrant or guarantee in any way this
GuidED Platform’ continued availability at all times or uninterrupted use by you of this
GuidED Platform.
11. HYPERLINKS AND THIRD-PARTY SITES
11.1 The GuidED Platform may contain hyperlinks or references to third party websites
other than this GuidED Platform. Any such hyperlinks or references are provided for
your convenience only. We have no control over third party websites and accept no
responsibility for any content, material or information contained in them. The display
of any hyperlink and reference to any third-party website does not constitute an
endorsement of such third party’s website, products, or services. Your use of a third-
party site may be governed by the terms and conditions of that third-party site.
12. WARRANTIES AND LIMITATION OF LIABILITY
12.1 You agree that your use of this GuidED Platform is on an “as available” basis. As
stated above, except as otherwise expressly required by applicable law, we make no
representations, warranties, conditions, or other terms (whether express or implied) in
relation to the provision of this GuidED Platform, including without limitation as to
completeness, accuracy and currency or any Content on the GuidED Platform, or as
to satisfactory quality, or fitness for a particular purpose.
12.2 To the maximum extent permitted by applicable law, we exclude all liability
(whether arising in contract, tort, breach of statutory duty or otherwise) which we may
otherwise have as a result of any error or inaccuracies in any Content, the
unavailability of this GuidED Platform for any reason, and any representation or
statement made on this GuidED Platform.
12.3 We will not be liable for any loss or damage we cause which we could not
reasonably anticipate when you started using this GuidED Platform, for example if you
lose revenue, salary, profits, or reputation as a result of your use of this GuidED
Platform and/or the acts or omissions of any third party such as other users of the
GuidED Platform or any other indirect or consequential loss or damage you may incur
in relation to this GuidED Platform and its Content.
12.4 Under no circumstances shall our aggregate liability to you for any and all claims
arising from your use of the GuidED Platform (including the downloading or use of any
Content) exceed to the extent permitted by law the amounts paid by you to us in
relation to your use of the GuidED Platform or its Content.
12.5 Notwithstanding any other provision of these terms and conditions, we do not
exclude or limit our liability for death or personal injury arising from our negligence, for
any fraudulent misrepresentation made by us on the GuidED Platform or for any other
statutory rights which are not capable of being excluded.
12.6 Any exclusions and limitations of liability in these terms shall be subject to the
Additional Terms in respect of matters covered by those Additional Terms and as
otherwise required by law.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
13.1 To the maximum extent permitted by applicable law, you agree to release, defend,
at GuidED’s option, indemnify, and hold GuidED (including its affiliates, and their
personnel) harmless from and against any claims, liabilities, damages, losses, and
expenses, including, without limitation, reasonable legal and accounting fees, arising
out of or in any way connected with: (i) your breach of these Terms and Conditions
(including any supplemental or additional terms that apply to a product or feature) or
our policies or standards, (ii) your improper use of the GuidED Platform, (iii) your
interaction with any Member, participation in an Experience or other Guiding Service,
including without limitation any injuries, losses or damages (whether compensatory,
direct, incidental, consequential or otherwise) of any kind arising in connection with or
as a result of such interaction, participation or use, (iv) your failure, or our failure at
your direction, to accurately report, collect or remit taxes, or (v) your breach of any
laws, regulations or third party rights such as intellectual property or privacy rights.
13.2 Neither GuidED (including its affiliates and personnel) nor any other party involved
in creating, producing, or delivering the GuidED Platform or any Content will be liable
for any incidental, special, exemplary or consequential damages, including lost profits,
loss of data or loss of goodwill, service interruption, computer damage or system
failure or the cost of substitute products or services, or for any damages for personal
or bodily injury or emotional distress arising out of or in connection with (i) these Terms,
(ii) the use of or inability to use the GuidED Platform or any Content, (iii) any
communications, interactions or meetings you may have with someone you interact or
meet with through, or as a result of, your use of the GuidED Platform, or (iv) publishing
or booking of a Listing, including the provision or use of Guiding Services, whether
based on warranty, contract, tort (including negligence), product liability or any other
legal theory, and whether or not GuidED has been informed of the possibility of such
damage, even if a limited remedy set out in these Terms of Use Agreement is found to
have failed of its essential purpose.
13.3 In no event will GuidED’s aggregate liability for any claim or dispute arising out of
or in connection with these Terms of Use Agreement, your interaction with any
Members, or your use of or inability to use the GuidED Platform, any Content, or any
Guiding Service, exceed: (A) to Travelers, the amount you paid as a Traveler during
the 12-month period prior to the event giving rise to the liability, (B) to Guides, the
amount paid to you as a Guide in the 12-month period prior to the event giving rise to
the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
14. GENERAL
14.1 These terms are dated May 18, 2021. No changes to these terms are valid or have
any effect unless agreed by us in writing. We reserve the right to vary these terms and
conditions from time to time. Our new terms will be displayed on the GuidED Platform
and by continuing to use and access the GuidED Platform following such changes,
you agree to be bound by any variation made by us. It is your responsibility to check
these terms and conditions from time to time to verify such variations.
14.2 Unless otherwise expressly stated in these terms and conditions, all notices from
you to us must be in writing and sent to our contact address at 80 Maple Golf Cres,
Tobermory, ON, Canada, N0H 2R0 and all notices from us to you will be displayed on
our website.
14.3 We shall have no liability to you for any breach of these terms caused by any event
or circumstance beyond our reasonable control including, without limitation, strikes,
lockouts and other industrial disputes, breakdown of systems or network access, flood,
fire, explosion, or accident, military strife & pandemics.
14.4 If any part of these terms and conditions is unenforceable (including any provision
in which we exclude or limit our liability to you) the enforceability of any other part of
these terms and conditions will not be affected. If we choose not to enforce any right
that we have against you at any time, then this does not prevent us from later deciding
to exercise or enforce that right.
14.5 These terms and conditions (together with the Privacy Statement and any
applicable Additional Terms contain the entire understanding and agreement between
us and you in relation to your use of the GuidED Platform and supersede and replace
any representation, statement, or other communication (whether written or otherwise)
made by you or us which is not contained herein. Save for fraud or fraudulent
misrepresentation, we shall have no liability for any such representation being untrue
or misleading.
14.6 You may not assign, sub-license or otherwise transfer any of your rights and
obligations in these terms to any other person.
14.7 These terms and conditions shall be construed in accordance with and governed
by the laws in effect within the Province of Ontario, Canada.