Terms of Use

Introduction

Welcome to www.leavetown.com. This website is intended to assist our guests in gathering travel information, determining the availability and price of accommodation, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes.

This website and/or its mobile applications (collectively known as “website”) are owned and operated by Leavetown.com Vacations Inc., a Canadian limited liability entity. These Terms of Use apply to your use of this website. Any reservation, purchase, or use of any products or services available through this website are governed by the Terms & Conditions of Service posted on the relevant Leavetown website. 

Throughout the website, the terms “we,” “us” and “our” refer to Leavetown. We offer this website, including all information, tools and services to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this website constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this website.

Website Use

As a condition of your use of this website, you warrant that:

  • you have reached the age of majority in your province or country of residence;
  • you possess the legal authority to create a binding legal obligation;
  • you will use this website in accordance with these Terms of Use;
  • you will only use this website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
  • you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
  • all information supplied by you on this website is true, accurate, current and complete.

We retain the right at our sole discretion to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

Website Access

We grant you a limited license to access, and make personal use of, the website and while you may make download and print content for your personal and non-commercial use, you agree not to:

  • use this website or its contents for any commercial purpose;make any speculative, false, or fraudulent reservation
    access, monitor or copy any content or information of this website using any automated means or any manual process for any purpose without our express written permission;
  • modify, distribute, transmit, publish, upload, license, reverse engineer, transfer or sell, or create derivative works from, any content, products or services obtained from the website that you do not have a right to make available;
  • upload, post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
  • use any hardware or software intended to surreptitiously intercept or otherwise obtain information from the website;
  • violate the restrictions or circumvent other measures employed to prevent or limit access to this website;
    take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • cache or link to any portion of this website without our express written permission;
    “frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization.

Privacy

Privacy is a very serious matter to LeaveTown. We understand that booking online involves significant trust in us. We appreciate and value your trust and are committed to ensuring the security and confidentiality of your personal information. We never sell your personal information.

A copy of our Privacy Promise that applies to the collection, use, disclosure and other processing of personal information by Leavetown is located here. You consent to any personal information we may obtain about you (either via the Leavetown websites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Promise. Leavetown may update its Privacy Promise from time to time in its sole discretion, and post an updated version of the notice at the website address provided above.

Content Submissions

We appreciate your feedback as it helps us improve our service. Please be aware that by submitting content to this website by electronic mail, postings on this website or otherwise, including any accommodation reviews, questions, comments, suggestions, ideas you grant Leavetown a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display your submission throughout the world in any media, now known or hereafter devised; and use the name that you submit in connection with such submission.

Your submissions may be uploaded onto the relevant accommodation information page on our website for the sole purpose of informing guests of your opinion of the service and quality of the accommodation, and used and placed by Leavetown at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, and special promotions as Leavetown deems appropriate.

You acknowledge and agree that your submissions are non-confidential and non-proprietary. We have no obligation to post your submissions; we reserve the right in our absolute discretion to adjust, refuse or remove submissions which are published on the website. If you do not agree to these Terms of Use, please do not provide us with any submissions.

You acknowledge that you are responsible for any content you may submit through the website, including the legality, reliability, appropriateness, originality and copyright of any such content. We take no responsibility and assume no liability for any submissions posted or submitted by you. You may not upload to, distribute or otherwise publish through this website any content that:

  • is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable Canadian or foreign laws;
  • may contain software viruses or malware;
  • contains advertisements or solicitations of any kind, or other commercial content;
  • is designed to impersonate others;
  • contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
  • contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
  • contains multiple messages placed within individual folders by the same user restating the same point;
  • contains chain letters of any kind.

Links

This website may contain links to other websites or resources that are operated by third parties not affiliated with Leavetown. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources.

Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Leavetown is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from this website is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.

Google Maps

By using the Google Maps service available on the website you agree to be bound by the following: (1) the Google Terms of Service  (2) the terms found on Google Legal Notices and (3) Google Additional Terms & Conditions. Before you use any of the maps on this website, you should read each of these three documents, as together they form a binding agreement between you and Google regarding your use of their products.

Disclaimers

Except as otherwise expressly provided in these Terms of Use or the Terms & Conditions of service, or required by applicable law, Leavetown makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, any content on the website, or any products or services purchased through the Leavetown website, as well as warranties implied from a course of performance or course of dealing.

Your use of this website is at your sole risk. The website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. Leavetown disclaims any warranties that access to the website will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the website available will be virus-free; or that information on the website will be correct, accurate, adequate, useful, timely, reliable or otherwise complete.

If you download any content from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the site shall create any warranty of any kind.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of Liability

The providers whose products and services are available on the Leavetown website are independent contractors and not agents or employees of Leavetown. Leavetown is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

You acknowledge and agree that you assume full responsibility for your use of the website, communications with third parties, and purchase and use of the products and services available through the Leavetown website. You acknowledge and agree that any information you send or receive during your use of the website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the website is at your own risk and that the website is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither Leavetown nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to:

  • this website, or any other site or resource you access through a link from this website;
  • any action we take or fail to take as a result of communications you send to us;
  • any products or services made available or purchased through the Leavetown website, including any damages or injury arising from any use of such products or services;
  • any delay or inability to use the website or any information, products or services advertised in or obtained through the website;
  • the modification, removal or deletion of any content submitted or posted on the website; or
  • any use of the site, whether based on contract, tort, strict liability or otherwise, even if Leavetown has been advised of the possibility of damages.

It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the website, or obtained from a linked site or resource.

This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that Leavetown shall not be liable for any defamatory, offensive or illegal conduct of any user of the site. Your remedy for any of the above claims or any dispute with Leavetown is to discontinue your use of the website.

Some jurisdictions do not allow the limitation or exclusion of certain liability or warranties so some of the above limitations may not apply to you.

Indemnification

You agree to defend and indemnify Leavetown, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: 

  • your breach of these Terms of Use;
  • your breach of the Terms and Conditions of Service
  • any fraud you commit, or your intentional misconduct, or gross negligence
  • your violation of any law or the rights of a third party;
  • your use of this website.

Electronic Communications

When you use the website or send emails to Leavetown, you are communicating with Leavetown electronically. You consent to receive electronically any communications related to your use of this website. Leavetown will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.  All notices from Leavetown intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the website.

Copyright Protection

All content available through this website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Leavetown, its licensors or its content providers, and is protected by copyright, trademark and other applicable Canadian and foreign laws.  You may not use frames or utilize framing techniques or technology to enclose any content included on the website without Leavetown’s express written consent. Furthermore, you may not utilize any website content in any meta tags or any other “hidden text” techniques or technologies without Leavetown’s express written consent. Any reproduction or redistribution of our website is expressly prohibited, and may result in severe civil and criminal penalties.

Claims of Intellectual Property Infrinement

We take all claims of copyright infringement very seriously and 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 following information in writing and to our legal team:

  • a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on our website;
  • a signed 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;
  • your address, telephone number, and, email address.

Notice of claims of copyright or other intellectual property infringement can be sent as follows:

Leavetown Legal Team
c/o Yaletown Law Services, Suite 112
1118 Homer Street,
Vancouver, British Columbia
V6B 6L5

Leavetown may update this contact information from time to time without notice to you. We will post the current contact information on this website.

Survival of Terms

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

Force Majeure

Leavetown shall be excused from performance under these Terms of Use or the Terms & Conditions of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from weather conditions or other elements of nature or acts of God, acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, quarantines or embargoes, labor strikes, or other causes beyond the reasonable control of Leavetown. In the event that Leavetown is temporarily unable to provide you with a product or service because of such an event, Leavetown will give you the option of deferring the product or service or receiving a refund of your charges.

General

This website is operated by a Canadian entity and, except as restricted by applicable law, these Terms of Use and the Terms & Conditions of Service are governed by the laws of the Province of Alberta, Canada. You hereby consent to the exclusive jurisdiction and venue of the courts in Canada in all disputes arising out of or relating to the use of this website.

You agree that no joint venture, partnership, or employment relationship exists between you and Leavetown as a result of your use of this website.

Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or information provided to or gathered by us with respect to such use.

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of these Terms of Use or Terms & Conditions of Service is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Our failure or delay in enforcing any provision of these Terms of Use at any time does not waive our right to act with respect to subsequent or similar breaches. Leavetown does not guarantee it will take action against all breaches of these Terms of Use or the Terms & Conditions of Service.

If any content on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, the website is not intended for you, and we ask you not to use the website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to Terms of Use

You acknowledge and agree that Leavetown may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the website.  You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Use.  Your continued use of this website after any changes to the Terms of Use means you accept the changes.

Assignment

You may not assign these Terms of Use or the Terms & Conditions of Service, or any rights, benefits or obligations hereunder, by operation of law or otherwise without the prior written consent of Leavetown, which may be withheld at our sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Terms & Conditions of Service shall be null and void. Leavetown may assign these Terms of Use or the Terms & Conditinos of Service, in whole or in part, to any third party in its sole discretion.

Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and Leavetown with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. 

In some instances, both of these Terms of Use and a separate document that provides additional conditions may apply to a service or product offered via this website. To the extent there is a conflict between these Terms of Use and any additional conditions, the additional conditions will control unless the additional conditions expressly state otherwise.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings, based on or relating to use of this website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use or this website, please contact us by email at [email protected] or write to us at:

PO Box 8624
Canmore
Alberta
T1W 2V3

Effective Date: 1 March, 2014