1. Introduction

Welcome to Canada Explorer. These Terms of Service ("Terms") govern your access to and use of the Canada Explorer website, mobile applications, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Definitions

Throughout these Terms, the following definitions apply:

• "Canada Explorer," "we," "us," or "our" refers to Canada Explorer, a company registered in Canada.
• "You" or "your" refers to the individual or entity accessing or using our Services.
• "Content" refers to text, graphics, images, music, software, audio, video, information, or other materials featured on our Services.
• "Booking" refers to any reservation or purchase of travel services through our platform.

3. Account Registration and Security

To access certain features of our Services, you may be required to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Keep your account credentials secure and confidential;
• Notify us immediately of any unauthorized use or security breach of your account;
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we suspect misuse of your account.

4. Booking and Payment Terms

4.1 Booking Confirmation

Your booking is not confirmed until you receive a confirmation email from us. We reserve the right to reject or cancel any booking at our discretion.

4.2 Prices and Payment

All prices are listed in Canadian dollars (CAD) unless otherwise specified. Prices may change without notice until a booking is confirmed. Payment must be made using the methods specified on our Services.

4.3 Taxes and Fees

Prices may not include applicable taxes, service fees, or other charges, which will be disclosed during the booking process.

4.4 Cancellations and Refunds

Cancellation and refund policies vary by tour and service. Specific policies will be provided at the time of booking. In general:

• Cancellations made 30 days or more before the scheduled departure may receive a full refund minus administrative fees;
• Cancellations made 15-29 days before departure may receive a partial refund;
• Cancellations made 14 days or less before departure may not be eligible for a refund.

Special circumstances such as medical emergencies may be considered on a case-by-case basis.

5. Service Availability and Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice. This includes tour offerings, website features, or other services.

Tours and activities are subject to availability, weather conditions, and minimum participant requirements. We may need to cancel or modify a tour due to circumstances beyond our control, including but not limited to:

• Extreme weather conditions;
• Natural disasters;
• Government restrictions or advisories;
• Health and safety concerns;
• Insufficient booking numbers.

In such cases, we will offer alternative dates, alternative tours of similar value, or refunds according to our refund policy.

6. User Conduct and Responsibilities

When using our Services, you agree not to:

• Violate any applicable laws or regulations;
• Infringe upon the rights of others, including privacy and intellectual property rights;
• Post or transmit harmful, offensive, or inappropriate content;
• Impersonate any person or entity;
• Interfere with or disrupt the Services or servers;
• Attempt to gain unauthorized access to any part of the Services;
• Use the Services for any commercial purpose without our express consent;
• Engage in any activity that could damage, disable, or overburden the Services.

6.1 During Tours and Activities

When participating in our tours and activities, you agree to:

• Follow all instructions provided by tour guides and staff;
• Respect local customs, wildlife, and the environment;
• Adhere to safety guidelines and wear appropriate safety equipment when required;
• Possess valid identification and travel documents as needed;
• Disclose relevant health conditions that may affect your participation;
• Not be under the influence of alcohol or drugs during activities that require alertness.

7. Intellectual Property Rights

All content on our Services, including text, graphics, logos, images, audio, video, and software, is the property of Canada Explorer or our licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You may access and view the content for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit in any way any content from our Services without our express written permission.

8. User Content

You may have the opportunity to submit reviews, comments, photos, or other content ("User Content") to our Services. By submitting User Content, you:

• Represent that you own or have the necessary rights to the User Content;
• Grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media;
• Agree that we may use your name and likeness in connection with the User Content;
• Understand that we have the right to refuse or remove any User Content at our sole discretion.

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, CANADA EXPLORER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services;
• Any conduct or content of any third party on the Services;
• Any content obtained from the Services;
• Unauthorized access, use, or alteration of your transmissions or content;
• Acts or omissions of third-party service providers (such as hotels, transportation providers, or activity vendors).

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC TOUR OR SERVICE GIVING RISE TO THE CLAIM.

9.3 Assumption of Risk

You acknowledge that travel and outdoor activities involve inherent risks. By booking and participating in our tours and activities, you voluntarily assume all risks associated with such activities, whether known or unknown.

10. Indemnification

You agree to indemnify, defend, and hold harmless Canada Explorer, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of the Services;
• Your violation of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property right or privacy right;
• Any claim that your User Content caused damage to a third party.

11. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Canada Explorer. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be resolved through the following process:

1. Informal Resolution: We encourage you to contact us first to seek an informal resolution to any dispute.
2. Formal Negotiation: If informal resolution is unsuccessful, either party may initiate formal negotiations by sending written notice to the other party describing the dispute and proposed resolution.
3. Mediation: If the dispute is not resolved within 30 days of formal negotiation, the parties will attempt to settle the dispute by mediation administered by a mutually agreed-upon mediator.
4. Arbitration or Litigation: If mediation is unsuccessful, any controversy or claim shall be settled by arbitration in accordance with the rules of the Canadian Arbitration Association, or through the courts of Ontario, at our discretion.

13. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

14. Entire Agreement and Amendments

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and Canada Explorer concerning the Services.

We reserve the right to modify these Terms at any time. Changes will be effective when posted on the Services with the updated effective date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Canada Explorer
456 Maple Avenue, Suite 200
Toronto, ON M5V 2H1
Canada

Email: [email protected]
Phone: +1 (416) 555-7890