Terms and Conditions
1.Terms and Conditions of Use
Welcome to Shop Durham Tourism, the online store website of Durham Tourism, a division of The Regional Municipality of Durham. Our store is hosted by Shopify Inc. and they provide us with the online e-commerce platform that allows us to sell our products and services to you. SVS Marketing operates and maintains Shop Durham Tourism on behalf of Durham Tourism. This page states the terms and conditions (the "Terms") which apply to your use of Shop Durham Tourism (the "Website"). By accessing and browsing the Website, you acknowledge that you have read, understood and agree to abide by and comply without limitation or qualification, to these Terms. If you do not agree to all the terms and conditions of these Terms of Service then you may not access the website or use any services.
Durham Tourism reserves the right to change, modify, alter or otherwise update the Terms applicable to the Website without prior written notice at any time, and from time to time, at Durham Tourism’s sole discretion, such updated or revised Terms will be posted on this Website. Please check the Terms periodically for changes. Your continued use of this Website following the posting of any changes to the Terms constitutes acceptance of those changes.
In using this Website, you agree:
- that you are at least the age of majority in your province or state of residence, or that you are the age of majority in your province or state of residence and you have given your consent to allow any of your minor dependents to use this site;
- you will comply with all applicable laws and are solely responsible for all acts or omissions that occur under your or through the use of your password;
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
- not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites;
- not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files; and
- not to attempt to obtain unauthorized access to the Website or portions of the Website which are restricted from general access.
Durham Tourism attempts to be as accurate as possible in describing all information pertaining to the Website (including all Content (as defined below) thereon). Although every attempt has been made to ensure its accuracy, Durham Tourism does not represent or warrant that any Content of the Website is accurate, complete reliable, current or error-free. Any views expressed or made available by third parties on the Website or in its Content are those of the respective third parties and not of Durham Tourism.
3. Intellectual Property Rights
All Content on the Website is owned and controlled by Durham Tourism. Durham Tourism does not represent or warrant that such material does not infringe the rights of any other person or entity. The Content on the Website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. You may not sell or modify any of the Content or reproduce, download, upload, transmit, republish, display, perform, distribute, decompile, reverse engineer, disassemble, create derivative works from software which forms part of the Content or otherwise use any part of the Content in any manner whatsoever without the prior written consent of Durham Tourism or the applicable third party or except as specifically permitted on this Website. The use of the Content on any other website or networked computer is strictly prohibited. Any infringement of Durham Tourism’s rights will result in appropriate legal action.
Trademarks, logos and service marks (collectively, "Marks") displayed on the Website are registered or unregistered Marks which are the property of Durham Tourism or other third parties. The display of these Marks on the Website does not imply that a license or right of any kind has been granted. You are not permitted to use or display any of these Marks without the prior written consent of Durham Tourism or the applicable third party. Nothing in the Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
4. Links to Resources
From time to time and for your convenience only, the Website may contain links to other websites that are entirely independent of Durham Tourism and the Website and are otherwise owned and operated by independent third parties. These website links are provided as a convenience only. If you decide to visit such websites, you do so at your own risk. Durham Tourism has not reviewed and does not guarantee the accuracy of information contained on such websites and Durham Tourism disclaims, expressly and impliedly, any responsibility or liability for the accuracy, relevance, copyright, compliance, legality, decency or suitability of any material, content, products, services or information found on any linked website. The use of such links on the Website does not constitute in any manner a reflection on, affiliation with, or endorsement by Durham Tourism of any such website or entity or its respective information, products or services and Durham Tourism makes no representations or warranties, express or implied, concerning any products, services, information or security of the information found on any linked websites and you hereby irrevocably waive any claim against us with respect to such sites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will Durham Tourism be liable to any party for any direct, indirect, special or other consequential damages for any use of any hyperlinked website, including, without limitation, any lost profits, business interruption, lost programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
5. Third-Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information you provide or the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. By making a purchase on this Website, you are agreeing to the privacy policies of such third-party service providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
If you have any questions about the manner in which Durham Tourism collects your personal information, you may contact Durham Tourism, Region of Durham at firstname.lastname@example.org or 1-800-413-0017.
Durham Tourism may occasionally run contests that offer prizes and that will require you to provide us with your personal information. You must read and agree to all the terms, conditions and rules that apply to that contest before entering. By entering such contests from time to time, you acknowledge that you have read such rules as may apply and agree to be bound by them.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
9. Exclusion and disclaimer of warranties
Durham Tourism makes no representation or warranty regarding the functionality, good working order or condition of the website, its suitability for use, or that its use, or any information or material including any downloadable software, accessed from or through the website will be uninterrupted or error-free. Durham Tourism does not represent, warrant or undertake that any errors or omissions on or relating to the website will be corrected or that any server from which the website is operated is or will be free from viruses or other harmful components.
The website is provided on an "as is" and "as available" basis and Durham Tourism does not make or give any representation, warranty or condition of any kind whether express or implied, written or oral, statutory or otherwise, including without limitation: (i) warranties as to uninterrupted or error free transactions, privacy, or security, (ii) accuracy, adequacy or completeness of information or results obtained from the use of information provided on the website; or (iii) merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purpose or those arising out of a course of dealing or usage of trade. These exclusions are in addition to any specific exclusion otherwise provided in these terms. Use of the website and its content is entirely at your own risk. Durham Tourism shall not be responsible for any detrimental reliance you may place on the website or its content. The information provided on the website and its contents is for information purposes only and is not intended to provide specific advice of any kind, including without limitation financial investment, legal, tax or accounting advice. It should not be relied upon in that regard, and any reliance on your part in that respect is solely your own risk.
10. Limitation of liability
Durham Tourism shall in no event be liable to you or to any other person or entity for any damages, liabilities, claims, losses, costs, expenses or injuries suffered in connection with or in any way relating to or resulting from your use of, or inability to use, the website, its content, marks or any portion thereof, including without limitation, your viewing, using, accessing, copying, downloading or storing any part of the website or its content. Under no circumstances whatsoever shall Durham Tourism be liable to you or any other person or entity for any direct, indirect, special, incidental, exemplary, punitive or consequential damages (including loss of business, revenue, profits, use, data or economic advantage), whether arising in contract, tort (including negligence), equity, or otherwise, and regardless of how same may arise even if Durham Tourism or any of its lawful agents, contractors or employees have been advised of the possibility or could have foreseen such damages or claim.
Durham Tourism further disclaims any and all liability for any consequences that may arise from any unauthorized reproduction, access or use of the website or its content. In no event will Durham Tourism be liable for damages or losses resulting from viruses, data corruption, communication interception, work delays, lost profits, failed messages, arising as a result of transmission errors or problems, telecommunications service providers, Durham Tourism’s contactors, third party suppliers of products or services, damages or losses caused by you or your respective employees, agents or subcontractors or other events beyond the reasonable control of Durham Tourism. Ensuring that your data and/or equipment used in connection with your use of the website and its content is adequately protected is entirely your responsibility. Any representations, warranties or covenants with respect to any goods or services referred to in the website shall be subject to, governed by, and as stated in the applicable terms governing the provision of same.
You agree that your use of the website and/or the content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against Durham Tourism, its officers, directors, employees or agents. You agree, at your own expense, to indemnify, defend and hold Durham Tourism, its officers, directors, employees or agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of (i) your breach of these terms; and/or (ii) your use of the website and/or the content.
12. Applicable Law
Your use of this Website and these Terms shall be governed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada without regard to the conflicts of laws principles thereof. You acknowledge that you have full legal capacity to use this Website and the Forums in accordance with the foregoing. By using this Website, you acknowledge and agree to submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in this respect. If you use the Website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. Durham Tourism does not represent that the materials contained within the Website and any of its Content are appropriate or otherwise available for customers outside the Province of Ontario.
In addition to complying with these Terms, you agree to use the Website and Content for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Last Updated: April 30, 2021