Terms of Services and Conditions
Updated December 01, 2017
Welcome to PASSEPORT VACANCES.COM, QUEBEC ATTRACTIONS.COM and QUEBEC ATTRACTIONS.CA (the “Site”), website(s) that are owned and operated by Vacationscape Inc. (“Vacationscape” or “we”)
These Terms and Conditions contain the entire understanding between the parties and by using this site (the “Site”), you (“you “or the “End User”) acknowledge that you have read and agree to the terms and conditions and that you provide warranty that the Terms and Conditions will be respected by you. And, you hereby acknowledge that the Terms, Conditions of Use and the Services from the use of this site may provide advantages to Vacationscape the “Site” it's affiliates, suppliers, sub-contractors, advertisers and participating merchants.
Changes to this Agreement
We may make changes to these Terms & Conditions without notice to you and at any time and it is your responsibility to remain informed. The current published version of these Terms will supersede all earlier versions and continued use of the site, site services after the Terms have been updated will constitute acceptance of the revised Terms & Conditions.
The terms "You" or "Your" “End User” means a user of the third-party Merchant and Service, "Merchant Customers" means users who ask questions, make requests on a 3rd party site, a "Merchant Microsite" which is a website that contains exclusive content, questions, answers, products, images, and meta data, promotional offers and is exclusively approved by and/or managed by the Merchant or the Merchant agent.
The Site provides an online interactive service on the World Wide Web, the Internet (the “Web”), through other mobile and digital networks (“Networks”), consisting of advertising, information services, third party content, coupons, discounts, merchant micro-sites, links to third parties. Further, the site provides transactional capabilities, services facilitated through Vacationscape Inc., on the request of its affiliates or participating merchants (“Merchants”), and offers discounts and vouchers for sale (“Vouchers”) on behalf of the Merchant which may be exchanged for goods/services with the Merchants and other third parties (the “Service”).
We offer our members and users a high level of Pro-Active Customer Service, as our goal is to assure that our members receive the quality of services promised by the merchants with respect of the commitments made by the merchants, retailers that have elected to use our platform to promote their services to our valued members.
It is the responsibility of the merchant to provide “you”, the “merchants customer” with the service as advertised and featured in the merchant’s microsite, and as outlined in the offer and voucher details and as agreed upon under the terms of the contract. It is the Merchants full responsibility to deliver and or refund the end user, client as per the terms and conditions of the offer.
Purchases & Refunds
The offer for goods and service is acquired by the user directly from the merchant even when the transaction for the discounts, coupons, or voucher is facilitated on the Site. Your purchase agreement for the voucher, voucher redemption, goods and services including any refund request after a time period of 14 days from the date of purchase is between you, the end user and the merchant. Different refund rules and policies may apply based the offer and the merchant refund policies. Before purchasing always read the use and refund details of the offer, including any fine print on the voucher. Due to the high discount levels and the promotional nature, limited quantity some offers and sales may be final sales, non-refundable and some merchant services may be restrictive in terms of time of use.
Refunds (Also Visit Refund Policy)
Any claim for a refund on a voucher that was registered as used by the merchant will result in an administrative service fee of a minimum $25.00 being charged to you. Any accidental or intended use of a refunded, lost or cancelled voucher or duplicate copy of your voucher or voucher codes with the merchant that could result in the service being provided will result in the full price listed as the value of the service being claimed back and billed to your account by the Merchant and or by Vacationscape as a minimum.
Special Deals, Promotions
From time to time we may offer Special Deals, and promotions and because of the nature of the promotion it may require a special refund policy. Any modifications to the refund policy will be clearly stated in the Offer Details. Please remember, as with all deals for goods and services the specifics will be stated in the Fine Print and the policy stated in the Fine Print and Details Page of the offer will supersede any other general policy of both the site and that of the merchant.
Misprints and Errors
Although we do our very best to provide reliable information on the Site, on occasion, there may be information that contains typos, errors, inaccuracies or omissions that could relate to descriptions, pricing, promotions, offers and dates, times of service. As such, we reserve the right to cancel any merchant offer, correct any errors, inaccuracies or omissions found and to update the information or to cancel all existing orders, at any time and without notice to you, penalty or liability to the extent permitted by law.
Email Registration and Membership Agreement
By registering your email address and/or your SMS “mobile phone number” on the Site you hereby acknowledge and agree that you are requesting to become a Subscribed Member of Site and Service. You are consenting to receive marketing newsletters, exclusive offers and promotions as well transactional communications by way of email and/or SMS messaging. You further agree to be sent email verifications and or a Double Opt in Email Notice for all new activations and for any transaction as may be require by the CAN-SPAM regulations.
Email Unsubscribe Anytime Policy
All Members and Users have the option to Unsubscribe or Suspend marketing emails and SMS messages at any time by simply clicking the unsubscribe link found on the site footer and on all emails. After you have unsubscribed, the site terms of service and use will remain in force and you agree to receive any required transactional communications and notices by way of email including a final email confirmation of the unsubscribe notification. As a user or member of our site you agree that you will not mark, or identify or register any of our communications sent from our company as Spam email as you can unsubscribe at any time.
Access to the Site & Services
We reserve the right at any time to discontinue access, modify, temporarily or permanently change, delete, remove all or any portion of our site, services, content and offers without notice to you or any third party. We are not liable to you or to any third party for the use of the site and services, any modifications, suspension, or discontinuance of all or any portion of the Services caused by or for any reason whatsoever. We reserve the right, in our sole discretion, to reject, refuse to post, publish or remove any material that you post or submit for posting, and to restrict, suspend, or to terminate your access to our site(s) and Service at any time with or without reason or prior notice, and without liability.
Equipment & Mobile Access
The User is responsible for access and or for maintaining any equipment, computer hardware, software, applications, mobile devices, data plans, printer, online services, email accounts needed for accessing and for using this site and for using the merchant vouchers. You must be able to print the voucher or coupon if required for redemption by the Merchant. And/or you must be able to digitally access and clearly display, show the unused vouchers on your mobile device upon entrance for electronic redemption if this was requested as the method of redemption by the merchant. Vacationscape cannot and will not be held liable for any failure of your equipment, damages, failure to comply, to produce, to print to show vouchers as result of the end users inability to access the site, the voucher for any reason including the aforementioned.
Age of Site Use
You may use the site if you have reached the age of majority to make online purchases in the province, territory or state in which you reside, or be at least 13 years of age and have parental or guardian consent.
Use of Site Service and Merchant Program
All information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the Site and Service are the sole responsibility of the person or entity from whom such content originated. If you or Merchant Customers transmits Content to the Site, Service, you understand that all such Content, including uploaded items and product catalog content from the bookmarked pages, is saved on the system. Any Content imported from third party services are governed by the rules of these services.
“We” do not control or monitor the Content of any user content posted to the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the site, service, you may be exposed to Content that is potentially offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the site and or service.
Vacationscape does not claim ownership of the Content you or merchant customers may submit or make available for inclusion on the Service or Microsites. However, with respect to the Content you or the merchant customers submit or make available for inclusion on publicly accessible areas of the Service, you grant Vacationscape a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific portion of the Service to which such Content was submitted or made available.
Conduct on our site(s)
If you choose to provide us with your registration or other types of information, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else to ensure your account is secure. You may not use anyone else`s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We are not responsible for any loss or damage that may result if you fail to comply with these requirements. You understand that if you do not comply with the foregoing, Vacationscape may suspend or terminate your account and refuse you use of the Service.
You acknowledge, consent and agree that “we” may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for Customer Service; or (e) protect the rights, property or personal safety of Vacationscape, the site, its users and the public.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside.
The technology and the software underlying the Service and related sites is the property of Vacationscape, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
The term Passeport Vacances, Quebec Attractions.com or Quebec Attractions.ca, respective logo's and other Vacationscape logos and product and service names are the exclusive trademarks and are owned by, Vacationscape Inc., and you may not use or display such trademarks in any manner without prior written permission from Vacationscape Inc. Any third-party trademarks or service marks displayed on the Service are the property of their respective owners.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
Defame, abuse, harass, threaten, or otherwise violate the legal right of others;
1. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; Upload, transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person`s computer, our sites, any software or hardware, or telecommunications equipment;
2. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
3. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
4. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
5. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
6. Restrict or inhibit any other user from using and enjoying any public area within our sites;
7. Collect or store personal information about other end users;
8. Interfere with or disrupt our sites, servers, or networks;
Impersonate any person or entity, including, but not limited to, an Vacationscape representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
9. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
10. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
11. Engage in any illegal activities.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your answers and products from the sites, deny you access to the site, or any combination of these actions.
Not Professional Advice
Information provided via the service is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you seek or require professional advice, consult a qualified provider who is licensed in your area. Always seek independent professional advice in the applicable area before acting on any opinion, advice, or information that may have deemed available on the Service.
Confidentiality; Use of Information
The questions or comments Merchant Customers submit and the responses Merchant Customers receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith.
No Reliance on Term "Expert"
Throughout this Site, certain terms, including "Expert", "Specialist", "Consultant", "Guide", "Assistant", or "Advisor" and other terms may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question posed by a user. Use of such terms provides no assurance that the person answering questions has any expertise or qualifications to give such advice. You acknowledge that Vacationscape has not and cannot independently verify their qualifications.
Site Linked Content
We cannot and do not screen Merchant sites or Merchant Customer content before including it in the site and or the merchant Microsites. The site and or the Microsite may provide links to sites and/or content that some people find objectionable, inappropriate, or offensive. We assume no responsibility for the content on any Microsite or otherwise linked site to or by Vacationscape and or the site(s).
Dealings with Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers, promoters or other third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Vacationscape, the site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
Intellectual Property Policy Related to Claims of Infringement
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Vacationscape Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail:
c/o Vacationscape Inc.
346 rue Aimé-Vincent,
Vaudreuil-Dorion, Qc, J7V 5V5
Vaudreuil-Dorion, Qc, J7V 5V5
Use of Third Party Images and Content
The images referenced, made accessible or made available to you on these pages of the site or by means of the Vacationscape Service are protected by the copyright and trademark laws of Canada, the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not Vacationscape. Vacationscape cannot give you authorization to use the copyrighted images. We cannot guarantee that the Vacationscape Service will not locate unintended or objectionable content and Vacationscape accepts no responsibility or liability for the content of any site included in any Vacationscape page, the merchants Microsites or otherwise linked to by the Vacationscape services, or for your use of such content. Vacationscape reserves the right to remove any pictures or content without notice to you, any other user, or any third party.
You agree to indemnify and hold Vacationscape and its subsidiaries, affiliates, directors, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your violation of the Terms of Service, or your violation of any rights of another person or entity.
Disclaimer of Warranties
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SERVICE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
Without limiting the foregoing, Vacationscape disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service, (b) any responsibility for the deletion, failure to store, incorrect mis-delivery, or untimely delivery of any information or material, and (c) any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.
VACATIONSCAPE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VACATIONSCAPE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE VACATIONSCAPE SERVICES. VACATIONSCAPE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE VACATIONSCAPE SERVICES. VACATIONSCAPE AND ITS LICENSORS DISCLAIM ANY VACATIONSCAPE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE VACATIONSCAPE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE VACATIONSCAPE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE VACATIONSCAPE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME PROVINCES, STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT SHALL VACATIONSCAPE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF, OR RELIANCE ON, THE SERVICE, (b) YOUR DEALINGS WITH OR INFORMATION OBTAINED FROM THIRD PARTIES OR ADVERTISERS AVAILABLE THROUGH THE SERVICE, (c) ANY DELAY OR INABILITY TO USE THE SERVICE EXPERIENCED BY YOU, OR (d) ANY INFORMATION, ADVICE, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VACATIONSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME PROVINCES, STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Vacationscape or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree that Vacationscape may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (h) removal of access to all offerings within the Service, (i) deletion of your information, files and Content associated with or inside your account, and (j) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in our sole discretion and that Vacationscape shall not be liable to you or any third party for any termination of your account or access to the Service.
Upon termination, Vacationscape's worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific portion of the Service to which such Content was submitted or made available will remain in effect.
Modifications to Service
Vacationscape reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any portion thereof with or without notice. You agree that Vacationscape shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any portion thereof.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Vacationscape.