Terms of Use - White Sand Travel

https://white-sand-travel.com (the “Site”) is a website operated by White Sand Travel Inc, a company existing under the laws of the Province of Ontario (“we”, “us”, “our”). To contact us, please email [email protected].

By using our Site, you confirm that you accept these Terms of Use (“Terms”) and you agree to comply with them. If you do not agree to these Terms, you must not use our Site.

Other terms that may apply

These Terms refer to the following additional terms, which also apply to your use of our Site:

Privacy Policy, which sets out how we process personal data we receive from you. If you do not wish your personal data to be processed in this way, you should not use this Site.
Cookie Notice, which sets out information about the cookies on our Site.

In some instances, additional terms and conditions may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to such service or product unless the Additional Terms expressly state otherwise.

Changes to these Terms and to our Site

We amend these Terms from time to time. Please check these Terms to ensure you understand the provisions that apply.

We may also update and change our Site from time to time. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted and we may suspend or withdraw or restrict the availability of all or any part of our Site at any time. You are responsible for ensuring that all persons accessing our Site through your internet connection are aware of these Terms and other applicable Additional Terms, and that they comply with them.

Using material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and all such rights are reserved. You may print off one copy, and download extracts, of any page(s) for your personal use and you may draw the attention of others within your organization to content posted on our Site.

You must not modify materials you have printed off or downloaded, and you must not use illustrations, photographs, video or audio sequences separately from accompanying text. Our status (and that of any identified contributors) as authors of content on our Site must always be acknowledged.

Obtain advice before relying on information on this Site

The content on our Site is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional advice before taking, or refraining from, any action on the basis of content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

Websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Loss or damage

Nothing in these Terms excludes or limits our liability to the extent that such liability cannot lawfully be excluded or limited under applicable law. Subject to the foregoing, we will not be liable for any loss, damage, cost or expense arising out of or in connection with your use of the Site, our services or these Terms, except to the extent such loss, damage, cost or expense is caused by our negligence, wilful misconduct or breach of these Terms. Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot lawfully be excluded or limited.

If you are a business user:

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Subject to the foregoing, to the fullest extent permitted by law, we exclude all implied conditions, warranties, representations and other terms that might otherwise apply to the Site or any content made available through the Site. We will not be liable for any loss, damage, cost or expense arising out of or in connection with your use of, or inability to use, the Site, your reliance on any information or content made available through the Site, or any booking, reservation or other transaction made through the Site, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, except to the extent directly caused by our breach of these Terms or our negligence, wilful misconduct or fraud.

To the fullest extent permitted by law, we will not be liable for any loss of profits, revenue, sales, business, anticipated savings or business opportunity, or any loss of goodwill or reputation, business interruption, or any indirect, incidental, special or consequential loss or damage. Nothing in these Terms affects any rights or remedies that you may have under applicable consumer protection or other mandatory laws that cannot lawfully be excluded or limited.

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under relevant laws and such breaches will be reported to the relevant law enforcement authorities. In the event of such a breach, your right to use our Site will cease immediately.

Linking to our site

You may link to the Site for lawful commentary, reference or information-sharing purposes, provided that the link:

does not frame, mirror or otherwise reproduce any part of the Site or create a browser or border environment around the Site;
does not falsely suggest or imply that we endorse, sponsor or are otherwise affiliated with the website, organization, product or service from which the link originates, unless we have given our prior written consent;
does not contain false, misleading or defamatory statements about us, our business, our properties, products or services;
does not use our name, logos, trademarks or other intellectual property without our prior written consent;
is placed on a website that you own, operate or are otherwise authorized to use; and
complies with all applicable laws and does not otherwise harm our reputation or legitimate business interests.

We reserve the right to withdraw permission to link to the Site at any time and to require the removal of any link to the Site that we reasonably consider to be inconsistent with these Terms or otherwise inappropriate. You agree to promptly remove any such link upon our request.

Termination

We reserve the right to terminate your access to and use of the Site, without notice and liability, including, without limitation, if we believe your conduct fails to conform with these Terms. We also reserve the right to investigate suspected violations of these Terms.

Which country’s laws apply to any disputes?

These Terms, their subject matter and their formation, and any non-contractual disputes or claims arising out of or in connection with them, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Subject to any rights or remedies that cannot lawfully be excluded or limited under applicable law, the courts of the Province of Ontario sitting in Toronto, Ontario shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms, their subject matter or their formation, including any non-contractual dispute or claim.