Terms of use

Acceptance of Terms

This website, hosted at https://www.omnitour.ca (the "Website"), is owned and operated by Orbitour Ltée, doing business as" Omnitour ”,“ Omnitour, educational travel service” and “ Educational travel service ”(hereinafter referred to as:“ OMNITOUR ”). OMNITOUR is an educational school trip organizer specializing in trips for elementary, high school and college students. OMNITOUR holds a general Quebec travel agent license (license number 750 221).

Through this website, users have access to information and material relating to the travel services offered by OMNITOUR (hereinafter referred to as the “services”) as well as to certain online forms. This site also contains text, photos, illustrations, logos, function buttons, images, works of authors and other content (hereinafter collectively referred to, with all information and material relating to the services: the "content "). This website is for the use of persons 13 years of age or older.

PLEASE NOTE: Access to and use of this website is subject to these terms of use (hereinafter referred to as the “terms of use”), our privacy policy, and all applicable laws and regulations all applicable regulations. Please read these terms of use and our privacy policy carefully. If you do not agree to these terms of use and our privacy policy, and refuse to be bound by them, you are not authorized to view or use this website or any information, content or service presented therein. By accessing and using this website, you signify your agreement and acceptance (and that of your parent / legal guardian on your behalf, if you have not reached the age of majority in the province / territory where you live) to comply with each of the conditions set out below. These Terms of Service may be modified, amended, supplemented or updated by OMNITOUR from time to time without notice and without any liability or obligation, and you (or your parent / legal guardian on your behalf if you have not reached the age of majority in the province / territory in which you reside) will then be bound by such amended, amended, supplemented or updated Terms of Use if you continue to use this website after posting of such changes. Unless otherwise indicated, any new content or service added to this website will also be subject to said terms of use from the date of insertion of such addition. We invite you to periodically review the website and its terms of use to check for updates and changes.

If you have any questions regarding these Terms of Use, please do not hesitate to contact us as set out below.

Restricted license and access to the site; all rights reserved

OMNITOUR hereby grants you a restricted license allowing you to access this website for personal use, but not to download (other than page caching) or modify it, even in part, without the express consent of OMNITOUR received in writing (ex : if we produce downloadable forms that we make available to you, we allow you to download them). Such license does not cover resale or commercial use of this website or its content; the collection and use of listings, descriptions or prices; derivative use of this website or its content; nor the use of any data mining system, robotic program or other similar tool for collecting or extracting data. This website or any part of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of OMNITOUR. It is understood that the prohibited commercial or non-personal use does not exclude the use of the site expressly authorized by the functionality of the said site, as provided by OMNITOUR. You may not frame or use framing techniques to circumscribe a trademark, logo or any other confidential information (including images, texts, layouts or forms) belonging to OMNITOUR without the express consent of the latter received by writing. In addition, you may not use metatags or any other "hidden text" comprising the name (s) or service marks belonging to OMNITOUR without its express written consent. We (or any third party owner of the content) retain all right, title to and interest in this website and all content, functions and services on this website, including all rights of intellectual property. And we (or any third party owner of the content) reserve all rights not expressly granted. Any unauthorized use of the website, or any content, function or service displayed on it, will void the authorization or license granted by OMNITOUR.

Availability of Services

Some of our services are time-limited or subject to certain restrictions on their availability and may not be accessible to all users. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS WEBSITE DOES NOT CONSTITUTE AN OFFER TO SELL BY OMNITOUR, but merely suggestions.

This website may provide certain summary descriptions or other useful information about our services. OMNITOUR strives to communicate information that is as accurate as possible; however, such material is intended to provide a general description of the services offered and remains subject, in all respects, to the specific conditions applicable to such services.

Copyright - Except as otherwise specified herein, all content displayed on this website constitutes a copyrighted work of OMNITOUR or its third party suppliers, and is protected by Canadian and international laws governing copyright. The compilation (i.e., collection, arrangement and assembly) of the content is also the exclusive property of OMNITOUR and is protected by Canadian and international copyright laws.

You may download information from this website and print a copy for your personal use provided you do not modify the content, remove or alter any copyright notice or any other notices (ex: trademark, patent, etc.) contained in such information. Except as otherwise specified herein, you may not in any way alter, modify, copy, distribute (for remuneration or otherwise), transmit, exhibit, present, reproduce, reuse, display, publish, license, frame, download, store for future use, create derivative works, transfer, or sell any information or content of any kind obtained through this website, in whole or in part, including any text, images, audio or video sequences, in any way whatsoever, without the prior written consent of OMNITOUR or any applicable third party supplier. The use of said content, including its images, by yourself or by any other person who has received your permission, is prohibited unless specifically authorized in writing by OMNITOUR. Any unauthorized use of any text or image could violate copyright laws, trademark laws, privacy and publicity laws, as well as any other law or any other applicable regulations. OMNITOUR does not certify or represent that your use of the content and services or any other material displayed on this website may not infringe the rights of third parties.

Trademarks and Service Marks

Certain trademarks, including the OMNITOUR logo ”, are service marks and trademarks of OMNITOUR or one of its affiliates. The domain name of this website, as well as all page headers, personalized illustrations and icons are service marks, trademarks, logos and / or trade dress of OMNITOUR. All other trademarks, service marks, trade dress and all other product names, company names or logos, whether registered or not, appearing on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree not to use such trademarks, service marks, as well as such trade dress or other logos on this website without the prior written permission of OMNITOUR.

Nothing in this website or in these terms of use should be construed as granting any license or right to use any trademark displayed on this website without our specific prior written consent or without the consent of the owner of the applicable trademark. The trademarks contained in this website may not in any way be used to denigrate OMNITOUR or the owner of the applicable trademark, nor be used in any way (using good judgment) commercially reasonable) that could harm said trademark or devalue the goodwill associated with it.

License to information submitted through this website

Except for any data or personal information you submit (which will be retained in accordance with our privacy policy), information or content that you transmit to OMNITOUR through this website (hereinafter referred to as: "User Content"), whether by direct participation, submission, email or otherwise, including data, questions, comments or suggestions, will be considered being non-confidential and non-proprietary. Hereby, by using the Website and providing your User Content, you (or your parent / legal guardian, on your behalf, if you have not reached the age of majority in the province / territory where you live): (i) grant OMNITOUR worldwide, perpetual, irrevocable, assignable, subcontractable, royalty-free, non-exclusive, and unlimited permission to copy, reproduce, adapt, transmit, revise, modify or use, to in any other way, publicly display, distribute or translate any User Content (in any form or in any medium) or create compilations or derivative works of such content, which you display, download or submit in any other way on or through the website; and (ii) waive all moral rights with respect to any User Content that you display, download or otherwise submit to or through to said website in favor of OMNITOUR. To avoid confusion, this means that such information may be used for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, dissemination and display. OMNITOUR remains entirely free to use any concepts, ideas, know-how or techniques contained in any communication that you transmit to OMNITOUR through this website or by any other means, for any purpose, including, but not exclusively, for the purposes of developing and marketing products by making use of such information.

System Requirements

You assume sole responsibility for providing, at your own risk, discretion and expense, all hardware, software and lines of communication required to access, use, and maintain this website ensure operation. OMNITOUR reserves the right to modify the configuration of access to this website at any time and without notice.

Prohibited Use

Any use or attempted use of this website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) which could damage, disable, overload or compromise any server, or the server (s) network (s) connected to any server, or (iii) which could interfere with the use or enjoyment of the website by any other party, or (iv) for the purpose of obtaining unauthorized access to d '' other accounts, computer systems or networks linked to any server or system by hacking, password mining or any other means, or (v) for the purpose of accessing systems, data or information that OMNITOUR did not intend to make accessible to a user, or (vi) in order to obtain material or information by any means that has not been intentionally made available to users by OMNITOUR, or, (vii) any use of the site other than that for which it is intended, is strictly prohibited.

In addition, with respect to your use of the website, you agree not to:

a) upload or transmit any message, information, data, text, software or images, or any other content (hereinafter referred to as: "material ") That is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, defamatory or in any other way that is objectionable or likely to infringe the right to privacy or the right of publicity of others, the all as established by OMNITOUR, in its entire and absolute discretion.
b) create a false identity for the purpose of misleading anyone or impersonating another person or entity, including, but not limited to, a parent or legal guardian or that of any other user , or any representative of OMNITOUR, nor to make any false declaration or to represent falsely, in any way whatsoever, your affiliation with a person or an entity;
c) upload or transmit material that you do not have the right to reproduce, display or transmit under any law or under any contractual or fiduciary relationship (such as in the case of a confidentiality agreement);
d) download files that contain viruses, trojans, worms, time bombs, cancel bots, corrupted files, or any other software or similar program that could damage the operation of a computer another person or property of another person;
d) remove any particular author attribution, legal notice, designation or label that you upload for inclusion in any communication;
f) use the communication functions of this website in such a way as to impair the availability of its resources at the expense of other users use of all caps text (too loud), or the congestion of continuous displays of repetitive text];
g) upload or transmit any unsolicited advertising or promotional material, unwelcome advertising, spam, bacteria, pyramids or any other form of solicitation, commercial or otherwise;
h) violate any municipal by-law or applicable provincial / territorial, federal or international law;
i) upload or transmit material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary right of any party;
j) remove or modify any material posted by any other person or entity;
k) manipulate or display the website in any other way by framing, mirroring or other similar navigation technology;
l) probe or scan this Website or any connected network or system, nor test their vulnerability or violate their authentication settings;
m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party with regard to any service whatsoever, without having received the express permission of such party ;
n) harvest or otherwise collect information about other persons, including their email addresses; or
o) use a bot, search engine, website content retrieval technique or any other manual or automated means to access this website, or to copy any posted content or information in such website.

OMNITOUR reserves the right to take any lawful action it deems appropriate in response to any actual or suspected breach of the foregoing, including, but not limited to, the suspension or deletion of access and / or account of such user. OMNITOUR could collaborate with legal authorities and / or third parties in any investigation relating to any presumption or allegation of crime or civil transgression. Unless expressly provided otherwise in the privacy policy, OMNITOUR reserves the right, at any time, to disclose any information if it deems it necessary to comply with any applicable law, any regulation, any legal process or any government request, or modify, refuse to display or remove any information or material, in whole or in part, at its sole discretion.

Supervisory rights

OMNITOUR does not actively monitor the general use of this website under normal circumstances, nor does it exercise control over the writing of the content of any third party website, transmission of emails, newsgroups, or other material created or accessible through this website. However, OMNITOUR reserves the right to monitor such use at any time, as it deems appropriate, and to remove any material which, in its sole and absolute discretion, could be illegal, could expose OMNITOUR to prosecution, could infringe these Terms of Use, or which, in OMNITOUR's sole discretion, may not reflect the intent of the website targeted by OMNITOUR.

No editorial control exercised by OMNITOUR over any third party content; no statements of accuracy

With respect to any content on this website provided by third party providers, OMNITOUR has no editorial control and assumes no responsibility for such content. Therefore, any opinions, statements, products, services or other information expressed or made available by any third party providers on this website are those of such third party providers. OMNITOUR does not confirm or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, nor does it attest or represent that your use of any content displayed on this website or any content referenced or broadcast by any service provider will not infringe the rights of third parties not belonging to or affiliated with OMNITOUR.

Links to Third Party Sites and Social Networking Platforms

This website may contain hyperlinks to other social networking sites and platforms owned and operated by parties other than OMNITOUR. Such hypertext links are provided for the sole purpose of facilitating consultation and use. We have no control over such websites and social networking platforms and can not be held responsible for their content or accuracy; furthermore, we do not necessarily endorse these sites unless specifically indicated otherwise. If this website provides hypertext links to other websites that are not owned, operated or managed by OMNITOUR, you acknowledge and agree that OMNITOUR disclaims all liability for the content, products, services and other material posted on, or available through, such websites and social networking platforms. We further disclaim all responsibility for any information, products, advertisements, content, services or software accessible through such third party websites and social networking platforms, or for any action that you could sue after logging in to such website or social networking platform. It is likely that such websites or social networking platforms have specific terms of use and privacy policies, which should be read. OMNITOUR is under no obligation to maintain any link whatsoever on this website and may remove a link at any time and at its sole discretion, for any reason whatsoever. Furthermore, OMNITOUR can in no way be held responsible, directly or indirectly, for any damages or losses caused or supposedly caused by the use of such content, products, services or other material available on such website or through it, or by dependence on such content, products, services or other material, or arising from such use or dependence. Finally, OMNITOUR is not responsible for the confidentiality practices applicable to any other website or any other social networking platform.

Safe Use of Social Networking Platforms

Caution should be exercised when posting to third party networking platforms or any public area of the website. Any material that you post on such platforms or public areas may, depending on your privacy settings, become visible to other members or to the general public. As stated above, we have no control over and assume no responsibility for the content of such social networking platforms or your decision to post information in a public area of the site. Web. We ask that you report any inappropriate content or behavior to the administrator in charge of the platform.

Privacy Policy

Our policy, available here sets out in detail our information practices as well as our policy with regard to the personal information collected through this website. We strongly recommend that you read our privacy policy.

Disclaimer

The content and any information displayed on this website has been prepared by OMNITOUR to provide the convenience of its users and does not constitute a source of advice or recommendations on which the user can rely. OMNITOUR has endeavored to collect, prepare and provide quality information and material, but makes no warranty as to the accuracy, completeness or relevance of the content or any information contained in this website or any other website operated by, or linked to, OMNITOUR. Users who rely on the content or any other information from this website do so at their own risk.

The information and descriptions contained herein are not intended to be full descriptions of the terms, exclusions and conditions applicable to the services offered, but are provided only for general information; please refer to the full conditions applicable to the specific services. If you purchase travel services through OMNITOUR, or a product or service from a third party, such purchase will be governed by the terms applicable to such transaction, if any, and your use of this website will not affect any such purchase.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" OR "AS AVAILABLE", AND OMNITOUR EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT EXCLUSIVELY, ANY WARRANTIES OF MERCHANTABILITY. AND PRECISE SUITABILITY, NO INFRINGEMENT AND SATISFACTORY QUALITY. FURTHER, OMNITOUR MAKES NO GUARANTEES THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE, OR THAT SUCH PROBLEMS WILL BE CORRECTED.

ALL THE PRODUCTS AND / OR SERVICES DESCRIBED ON THIS SITE ARE OFFERED IN TERRITORIAL JURISDICTIONS WHERE THEIR SALE IS LEGAL. THE INFORMATION PROVIDED ON THIS SITE DOES NOT CONSTITUTE AN OFFER OR SOLICITATION BY ANYONE, FROM ANYBODY, IN ANY JURISDICTION IN WHERE SUCH OFFER OR SOLICITATION MAY NOT BE LEGALLY MADE, OR FROM ANYONE. HAVE RECOURSE TO SUCH SOLICITATION.

Limitation of Liability

Certain jurisdictions, such as Ontario and Quebec, do not allow the exclusion of class actions. If you live in such a territorial jurisdiction, such limitation will not apply in your case. In addition, certain territorial jurisdictions do not accept the exclusion of certain guarantees or the limitation or exclusion of liability with regard to incidental or consequential damages; therefore, some of the following limitations may not apply to you.

YOU UNDERSTAND AND AGREE THAT OMNITOUR, AND ANY OF ITS AGENTS, EMPLOYEES, DIRECTORS, SUCCESSORS, AND RESPECTIVE STAKEHOLDERS, CANNOT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, INCIDENTAL, INCIDENTAL, INCIDENTAL, SPECIAL, INCIDENTAL, NOT EXCLUSIVELY, ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF OMNITOUR HAS BEEN ADVISED OF THE POSSIBLE OCCURRENCE OF SUCH DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT, AT THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED AS A RESULT OF PURCHASES OR TRANSACTIONS MADE THROUGH THE WEBSITE, OR FOR ANY STATEMENT OR BEHAVIOR OF ANY THIRD PARTY, OR ON ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES OR THE CONTENT. YOU FURTHER UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE IS INFLICT OF YOUR WAIVER (AND THAT OF YOUR PARENT / LEGAL GUARDIAN ON YOUR BEHALF IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU HAVE) ANY RIGHT TO SUIT OMNITOUR DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SITE.

You hereby acknowledge and agree that we reserve the right, at any time and without notice, to modify or withdraw the website, in whole or in part, and that we can in no way be held responsible, directly or indirectly, to you or any other person or entity, for any loss or damage, whatsoever, incurred as a result of such modifications or removal.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE FOREGOING TERMS, EXCLUSIONS, OR LIMITATIONS, OTHERWISE ALL, MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS.

Notice

Any notice to you from OMNITOUR regarding the Website or these Terms of Use will be posted on this Website or may be sent to you by email or post.

Electronic Communications

When you visit this website or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive electronic communications from us in return. We may communicate with you by email or by posting notices on this website. You certify that any agreements, notices, disclosures or other communications that we send to you electronically meet all legal requirements that such communications be in writing. You further agree that any notice that we transmit to you electronically will be deemed to have been given and received on the day of transmission of such electronic communication, as specified in these Terms of Use.

The transmission of data or information over the Internet or any other form of network may not be secure, and the risk of loss, interception or alteration always exists. OMNITOUR assumes no responsibility for any damages that you may suffer or any costs that may arise as a result of electronic transmission, through the Internet or otherwise within this website, such as a transmission involving the exchange of electronic messages of any kind (including those that may contain personal information about you). Under no circumstances will any information you provide on or through this website be deemed confidential, create any fiduciary duty on our part to you, or create any obligation on our part to you in the event that it does. Where such information would inadvertently be disclosed by us or reach third parties without your consent, despite our Privacy Policy.

General Entire

Agreement

These Terms of Use, the Privacy Policy and any other policies that OMNITOUR may post on this website constitute the entire agreement between OMNITOUR and you with respect to your use of this website, and supersedes any prior agreement between you and OMNITOUR relating to the use of said website, including any prior version of these terms of use. Any separate terms, whatever they may be, applicable to certain specific services will remain in effect.

Applicable right; territorial jurisdiction; Severability of Provisions

These Terms of Use are governed by the laws of the Province of Quebec, Canada, and Canadian federal laws applicable in this regard, regardless of any conflict of the provisions of said laws. Any dispute arising from the present will be submitted to the competent court of the judicial district of Quebec. All provisions of these terms of use apply to the fullest extent permitted by law. We mutually agree that, if it is impossible to perform any part of this contract as drafted, such part will then be replaced by conditions which more precisely reflect the intention of such part which cannot be performed to the fullest extent permitted by the law. The invalidity of any part of these terms of use will not affect the validity and enforceability of the other provisions. The titles given to the sections are provided for reference only and are not binding.

Accounts protected by passwords, passwords and security

If you have had the opportunity to open an account through this website, which will give you access to parts of the site which are protected by a password, and you choose to opt-in, you must complete the registration process by submitting accurate, complete, and up-to-date information through your responses to the questions on the applicable registration form, and then give any required consent from the form a parent or guardian, and choose a password and username. It is your sole responsibility to maintain the confidentiality of your password and account, and you assume full responsibility for all activity carried out through your account. You agree (a) to immediately notify OMNITOUR if you suspect any unauthorized use of your account or any other breach of security, and (b) to exit your account entirely at the end of each online session. OMNITOUR cannot under any circumstances be held responsible for any loss you may suffer as a result of the use of your password or your account by any other person, whether or not you know it. However, you could be held responsible for any loss suffered by OMNITOUR or any other party due to the use of your account or password by another person. Likewise, under no circumstances may you use another person's account without the permission of the holder of that account.

No Agent Relationship

Neither these Terms of Service nor any content, material, function or service on this website establishes any partnership, joint venture, employment relationship, or agency relationship of any kind between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You acknowledge that any breach, or threat of breach, of these Terms of Use on your part would constitute an illegal practice that would cause us irreparable and unquantifiable harm. You further acknowledge that pecuniary damages would be inadequate in relation to such damages, and consent to our taking any injunctive relief or exercising any equitable remedy that we deem necessary or appropriate. These remedies are in addition to any other remedies at common law or in equity that we may take.

Termination

If you violate any provision of these Terms of Service or the Privacy Policy, you will no longer be able to use this website. We may, in our sole discretion, modify, suspend or delete, temporarily or permanently, this website or any part of this website or any of its functions, at any time and for any reason, without further notice or obligation towards you or any other entity. If we terminate these terms of use or your permission to use this website, for any reason, the agreement formed by your acceptance (or that of your parent or legal guardian if you have not reached the age of majority in the jurisdiction where you live) of these terms of use will nonetheless remain applicable and continue to be binding on you in relation to your previous use of this website and in all matters relating to such use or relating to it result. The disclaimer and limitation of liability, copyright, trademark and service mark provisions set forth in these terms of use will continue to apply even after any termination of such terms.

To contact us

If you have any questions or comments regarding these Terms of Use, please do not hesitate to contact us at the address provided below. We will do our best to get back to you as soon as possible.

105, côte de la Montagne, bureau 601
Québec, Québec, G1K 4E4

info@omnitour.ca

The last update of these terms of use was posted on August 1, 2020.