Last Updated: May 1, 2023

Introduction

Welcome to True North Adventures. These Terms of Service ("Terms") govern your use of the True North Adventures website located at www.lomkaya-kinza.com ("Website") and our services, including but not limited to travel planning, tour bookings, and related services (collectively our "Services"), so please read them carefully before using our Website or Services.

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

Modifications to the Terms of Service

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Website and updating the "Last Updated" date at the top. Your continued use of our Website or Services after any such changes constitutes your acceptance of the new Terms.

Use of the Website and Services

Eligibility

Our Website and Services are available only to individuals who are at least 18 years old. By accessing or using our Website or Services, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into a binding agreement.

Account Registration

Some features of our Website and Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Prohibited Conduct

You agree not to engage in any of the following activities:

  • Violating any applicable laws or regulations
  • Using our Website or Services for any illegal purpose
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our Website
  • Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure
  • Uploading invalid data, viruses, worms, or other software agents through our Website
  • Collecting or harvesting any personally identifiable information from our Website
  • Using our Website or Services to impersonate another person or entity
  • Using our Website or Services to send unsolicited emails or marketing materials
  • Attempting to interfere with any other user's enjoyment of our Website or Services

Booking and Payment Terms

Booking Confirmation

When you make a booking through our Website or Services, you will receive a booking confirmation via email. This confirmation will include details of your booking, such as dates, destinations, activities, and pricing. Please review this confirmation carefully and contact us immediately if there are any discrepancies.

Payment

Payment terms will be specified during the booking process. We accept major credit cards and may offer other payment methods as specified on our Website. All prices are in Canadian dollars unless otherwise stated. You agree to pay all charges at the prices then in effect for your booking and any applicable taxes or fees.

Cancellations and Refunds

Our cancellation and refund policy varies depending on the specific tour or service booked. The applicable cancellation and refund terms will be provided during the booking process and in your booking confirmation. Generally:

  • Cancellations made 30 days or more before the scheduled tour date may be eligible for a full refund less a processing fee.
  • Cancellations made 15-29 days before the scheduled tour date may be eligible for a partial refund.
  • Cancellations made less than 15 days before the scheduled tour date are typically not eligible for a refund.

Refunds, when applicable, will be processed within 30 days of approval to the original payment method.

Changes to Bookings

If you need to change your booking, please contact us as soon as possible. We will make reasonable efforts to accommodate your request, but changes cannot be guaranteed and may be subject to additional fees.

Intellectual Property

Our Content

Unless otherwise stated, all content on our Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of True North Adventures or our content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

Your License to Use Our Content

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for personal, non-commercial purposes. This license does not include:

  • Any resale or commercial use of our Website or Services or their contents
  • Any collection and use of any product listings, descriptions, or prices
  • Any derivative use of our Website or Services or their contents
  • Any downloading or copying of account information for the benefit of another merchant
  • Any use of data mining, robots, or similar data gathering and extraction tools

User Content

You may post reviews, comments, photos, and other content on our Website ("User Content"). You retain all rights to your User Content, but you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, and distribute your User Content in connection with our Website and Services.

You represent and warrant that:

  • You own the User Content or have the right to grant the license described above
  • The User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity

Disclaimers and Limitations of Liability

Disclaimers of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN OUR WEBSITE OR SERVICES WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUE NORTH ADVENTURES, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS 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 OUR WEBSITE OR SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE
  • ANY CONTENT OBTAINED FROM OUR WEBSITE
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Travel Risk Acknowledgment

You acknowledge that travel involves risk and hazards including, but not limited to, the hazards of travel by all means of conveyance, the hazards of exposure to disease or illness, the hazards of exposure to the forces of nature, the risk of injury due to accident, the risk of illness or death due to accident, food poisoning, allergic reactions, disease, or other health conditions, and the risks of crime, terrorism, or civil unrest. You acknowledge that such risks may be present at any time during your travel with us, and you assume all such risks.

Indemnification

You agree to indemnify, defend, and hold harmless True North Adventures, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.

Governing Law and Dispute Resolution

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

Any dispute arising from or relating to these Terms, our Website, or our Services shall be resolved by binding arbitration in Vancouver, British Columbia, in accordance with the rules of the British Columbia International Commercial Arbitration Centre, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Severability

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

Contact Us

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

True North Adventures
123 Adventure Way
Vancouver, BC V6B 1A9
Canada
Phone: +1 (604) 555-0199
Email: [email protected]