Terms and Conditions
Last updated: November 10, 2020
Definitions
“You” and “your” refers to you as a user of the Service (as described below).
“We”, “us” and “our” refers to Epic Trip Adventures, a general partnership registered under the laws of Alberta, Canada.
“Content” means the text, images, maps, photos, audio, video and all other forms of data or communication.
“Your content” means content that you submit to the Service such as your name, email, reviews and purchasing information.
“Our content” means content that we create and make available on the Service.
General Conditions
These Terms and Conditions govern your relationship with https://epictripadventures.com/ website, all epictripadventures applications and all interfaces for mobile devices (collectively the “Service”) operated by us.
Please read these Terms and Conditions carefully before using the Service. By using any of the Service you agree to these Terms, our Privacy Policy and all guidelines and policies referenced herein (collectively the “Terms” or “Terms and Conditions”) and accept all legal consequences. These Terms apply to all visitors, users and others who access or use the Service. If you do not agree to these Terms and Conditions, in whole or in part, please do not use the Service. These Terms also apply to any new Content which may be added to the Service at a later date.
You agree not to create, upload or submit to the Service any content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to meet such criteria.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of your content. You are solely responsible for your content. We take no responsibility and assume no liability for your content or that of any third party.
We may remove your content from time to time at our sole discretion. We have no obligation to retain or provide you with copies of your content not do we guarantee any confidentiality with respect to your content.
We reserve the right at any time to modify or discontinue any Purchase (as defined below) and the Service (or any part or content thereof) without notice at any time.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you are the age of majority in your state or province of residence; (ii) you have the legal right to use the credit card(s) or other payment method(s) used in connection with any Purchase; and that (iii) the information and content you supply to us is true, correct and complete and free of any virus or other harmful software.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
You may not use any Purchase for any illegal purpose.
We cannot offer you a refund or exchange for any Purchase.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Intellectual Property
The Service and all content, including but not limited to text, images, graphics or code are the property of Epic Trip Adventures and are protected by copyright, trademark, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Epic Trip Adventures. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Epic Trip Adventures or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded or purchased from the Service.
You agree not to reproduce, duplicate, copy, sell, resell or commercially exploit any product or service purchased through the Service, without the express written permission by us which may be granted in our sole and absolute discretion.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Epic Trip Adventures.
Epic Trip Adventures has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Epic Trip Adventures 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 use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Indemnification
You agree to indemnify, defend and hold harmless Epic Trip Adventures, its partners, principals, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Service.
Limitation Of Liability
Epic Trip Adventures, its employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, death, personal injury, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service and/or any Purchase; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service or any Purchase will be corrected.
You agree to use the Adventure Guides purchased by using the Service at your own risk. You should be in good physical condition and be able to participate in the hikes described in the Adventure Guides. You should understand that trail use can be a hazardous activity that has risks, including injury or death resulting from accident or physical exertion. You agree, as a consideration for using the Service and any Purchase herein, to freely and expressly assume and accept all risks of injury or death. You also agree to release and discharge Epic Trip Adventures from any and all claims or causes of action, known or unknown in connection with such activity.
Disclaimer And Non-Waiver of Rights
Epic Trip Adventures makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of Alberta, Canada. In such cases, the law of the Province of Alberta, Canada shall apply to the extent necessary.
Epic Trip Adventures its affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Epic Trip Adventures chooses not to immediately act, or chooses not to act at all, Epic Trip Adventures will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Epic Trip Adventures does not waive any of its rights. Epic Trip Adventures shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable and the courts of Alberta, Canada will have sole jurisdiction.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms, together with our Privacy Policy, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms from time to time. When changes are made, we will notify you by indicating at the top of this page the date that revisions were last made. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service. It is your responsibility to check this page from time to time for changes.
Prices for any Purchases are subject to change without notice.
Contact Us
If you have any questions about these Terms, please contact us
contact@epictripadventures.com
729 5th Street NW
Calgary, AB, Canada
T2N1R1