terms of use
Terms and Conditions
Destination Canada – Destination Development Knowledge Hub
IMPORTANT NOTICE – PLEASE READ BEFORE ACKNOWLEDGING RECEIPT OF THESE TERMS AND CONDITIONS
These terms and conditions of use (the “Terms”) apply to the use of Destination Canada’s Knowledge Hub https://dd.destinationcanada.com/en (the “Knowledge Hub”) and the content contained therein. These Terms constitute an agreement between Destination Canada and the person accessing the site (“You”) and take effect when You click an “Accept” button or check box presented with these Terms or, if earlier, when You access the Knowledge Hub. If You do not unconditionally agree to all of these Terms, do not use any of the services described herein.
These terms do not alter in any way the terms or conditions of any other agreement You may have with the Destination Canada.
Destination Canada reserves the right, at its discretion, to modify these Terms at any time. Continued use of the Knowledge Hub by You following such modifications constitutes Your acceptance of the modified Terms.
1. User Registration and Account Security
1.1 In order to access the Knowledge Hub, You must complete the user registration form (your “Registration”). All Registrations will be accepted or rejected by Destination Canada in its sole discretion. Without limiting the foregoing, Destination Canada reserves the right to reject registration requests where Destination Canada has reason to believe the request is not for purposes related to the benefit of destination development in Canada. Destination Canada will communicate its acceptance or rejection of Your Registration by sending an e-mail notification to You at the e-mail address provided in Your Registration.
1.2 You agree that should You be provided with an account, Your account is personal to You and You will keep Your login credentials and passwords confidential and not disclose these to any other person. You will notify Destination Canada immediately if You become aware of any unauthorized use of Your account. You further agree that You are responsible for any and all activities that occur under Your account.
1.3 You represent and warrant that:
a) all information contained in Your Registration is accurate, current and complete. In the event any information contained in Your Registration changes from that provided to Destination Canada, You will notify the Destination Canada promptly upon becoming aware of such change; and
b) if You are using the Knowledge Hub on behalf of any entity, you are authorized to accept and enter into this Agreement on such entity’s behalf.
2. Use of the Knowledge Hub
2.1 You agree to use the Knowledge Hub and the materials contained on the Knowledge Hub (including, but not limited to text, graphics, news articles, blog articles, reports, photographs, images, illustrations, audio clips and video clips, collectively known as “Content”) only for purposes that are expressly permitted by these Terms and to comply with any restrictions set out in these Terms.
2.2 As a condition of Your use of the Knowledge Hub, You agree:
a) to comply with all applicable laws, including privacy laws and anti-spam laws;
b) not to use the Site or its Content in a way that brings Destination Canada or any third party into disrepute or causes Destination Canada to be liable to any third party;
c) not to engage in any activity that interferes with or disrupts the Knowledge Hub or interferes with Destination Canada’s ability to maintain the Knowledge Hub;
d) not to use any automated means or form of scraping or data extraction to access or query; and
e) not to infringe, misappropriate or violate any third party’s intellectual property rights.
3. Intellectual Property
3.1 Trademarks used and/or displayed on the Knowledge Hub are the registered or unregistered trademarks or official marks (Canada) of Destination Canada or are trademarks licensed to Destination Canada by the trademark holder. No license to use the trademarks is granted without the express written permission of Destination Canada or as expressly set out in these Terms.
3.2 You agree and acknowledge that all Content is owned or licensed by Destination Canada, including all copyright in the Content. Use of the Content without the consent of Destination Canada or contrary to these Terms is an infringement of Destination Canada’s copyright in the Content.
3.3 You may download, copy, and store the Content for Your personal and non-commercial use provided that You maintain all copyright attribution and other notices contained in such Content. Copying or storing of any Content for other than personal and noncommercial use is expressly prohibited without prior written permission from Destination Canada, or from the copyright holder identified in such Content’s copyright notice.
3.4 You agree not to:
a) sell or otherwise commercially exploit any Content;
b) modify, correct, translate, adapt, enhance, further develop, or otherwise create derivative works of the Content; or
c) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights or other symbols, notices, or marks on the Content.
4. Third Party Links
4.1 The Knowledge Hub may provide links to other online sites or resources for informational purposes. You understand and acknowledge that that by clicking or activating such links You will leave the Knowledge Hub and go to the other website. You acknowledge that Destination Canada does not screen, review, approve, or otherwise endorse any content or information contained in these linked websites. You further acknowledge and agree that Destination Canada is not liable or responsible for any content from such sites or resources and You hereby release Destination Canada from any such liability.
5. Service Providers
5.1 The Knowledge Hub may contain information about third party service providers, including without limitation consultants and accreditation providers (the “Service Providers”). This information is provided to You for convenience only. Destination Canada does not endorse any particular Service Provider, or any programs or services offered by them. You agree that Destination Canada is not responsible or liable, indirectly, or directly, for any damage or loss caused or alleged to be caused by or in connection with a Service Provider. Notwithstanding that Destination Canada may have conducted a review of the Service Providers prior to the inclusion of their information on the Knowledge Hub, You agree that You are responsible for Your own due diligence as You may deem necessary or advisable in retaining the services of any Service Provider and You must exercise Your own judgment. You further acknowledge that Destination Canada has no obligation to screen, preview or monitor any Service Provider.
6. Term And Termination
6.1 This agreement commences upon acceptance by Destination Canada of Your Registration and will remain in effect until terminated under this Section 6 (the “Term”).
6.2 Destination Canada may, on written notice to You, terminate these Terms for any or no reason, including any violation of any provision of these Terms. You acknowledge and agree that Destination Canada reserves the right at any time, without notice to You, to modify, change, withdraw, suspend, or discontinue the Knowledge Hub and its related services with or without notice to You and shall not be liable to You for any such modification, suspension, or discontinuance.
6.3 You may terminate these Terms for any or no reason by providing a written request to Destination Canada at destinationdevelopmentteam@destinationcanada.com to deactivate Your account.
6.4 Upon termination of these Terms Your account will immediately be deactivated.
6.5 The following sections will survive the termination of the Agreement: Article 3 (Intellectual Property); Article 8 (Feedback); Article 9 (Reliance); Article 1 (Disclaimer and Limitation of Liability); Article 11 (Indemnity) and any other sections which by their nature should survive termination.
7. Privacy
7.1 Please refer to Destination Canada's privacy policy for information on how Destination Canada collects, uses, and discloses personally identifiable information from its users. Destination Canada’s privacy policy is hereby incorporated into these Terms.
8. Feedback
8.1 To the extent You provide Destination Canada with any feedback regarding the Knowledge Hub, You acknowledge that such feedback is voluntary and, even if designated by You as confidential, Destination Canada may use the feedback for any purpose without obligation of any kind. Destination Canada will not disclose the source of any feedback to any third party without the consent of the party providing the feedback. Unless the parties specifically agree in writing, any feedback will not create any confidentiality obligation on Destination Canada.
9. No Reliance
9.1 The content of the Knowledge Hub is intended for informational purposes only and does not constitute legal, business, technical or other professional advice or an opinion of any kind. Any reliance on the Knowledge Hub and its Contents shall be at Your own risk. Destination Canada does not guarantee the accuracy, integrity, quality or appropriateness of any Content. You agree that it is solely Your responsibility to evaluate the use, accuracy, usefulness, completeness, or appropriateness of any Content.
10. Disclaimer and Limitation of Liability
10.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE KNOWLEDGE HUB, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE KNOWLEDGE HUB IS AT YOUR OWN RISK. THE KNOWLEDGE HUB, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE KNOWLEDGE HUB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10.2 NEITHER DESTINATION CANADA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE KNOWLEDGE HUB OR ITS CONTENTS.
10.3 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DESTINATION CANADA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE KNOWLEDGE HUB, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON. DESTINATION CANADA’S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO A MAXIMUM OF $100.00 CAD. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE KNOWLEDGE HUB IS BENG PROVIDED FREE OF CHARGE AND, ACCORDINGLY, THAT THIS LIMITATION OF LIABILITY IS REASONABLE IN THE CIRCUMSTANCES.
11. Indemnity
11.1 You will indemnify all costs and legal fees, and hold harmless, Destination Canada, the federal government of Canada, their affiliates, directors, officers and employees, from and against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any claim or demand (i) made by any third party due to or arising out of Your use of the Knowledge Hub or its Contents; (ii) Your violation of these Terms; (iii) Your use of the Knowledge Hub or its Contents; or (iv) the infringement by You, or any third party using Your account, of any intellectual property rights or other rights of any person or entity.
12. General
12.1 You may not call yourself (in any manner, whether orally or in writing, including in websites and emails) a partner of Destination Canada or any similar term merely because you have been granted access to the Knowledge Hub, nor will You represent or imply that Destination Canada has in any recommended, endorsed, or approved how You use the Content.
12.2 These Terms are not assignable, transferable, or sub-licensable by You except with Destination Canada’s prior written consent. Destination Canada may freely assign these Terms. The Agreement is binding on the parties and their respective permitted successors and assigns.
12.3 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
12.4 Destination Canada shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Destination Canada’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
12.5 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.
12.6 These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the applicable federal laws of Canada without regard to the conflict of laws provisions thereof. You agree that all claims You may have against Destination Canada arising from or relating to the Knowledge Hub will be heard and resolved in a court of competent subject matter jurisdiction located in Vancouver, British Columbia, Canada. You consent to the personal jurisdiction of such courts over You, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
12.7 The Terms, our Privacy Policy and our general Website Terms of Use constitute the sole and entire agreement between You and Destination Canada regarding the Knowledge Hub and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
12.8 Destination Canada may provide You with notices, including those regarding changes to the Terms by email, regular mail or postings on the Knowledge Hub website. Your continued use of the access or use of the Knowledge Hub after communicating that these Terms have been changed will be considered your assent to any such changes.