Last Updated: December 4, 2023
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING Cabins at 705 SITE OR Cabins at 705 SERVICE.
1. Introduction
Welcome to the Internet websites of Cabins at 705 Inc. and its subsidiaries and affiliates (collectively, “Cabins at 705“). These Terms and Conditions apply to all Cabins at 705 Internet sites which reference these Terms and Conditions. By using Cabins at 705 Site, or any product or service (collectively the “Services” or the “Cabins at 705 Services“) available on Cabins at 705 Site, you agree, without limitation or qualification, to be bound by these Terms and Conditions and such other additional or alternative terms, conditions, rules and policies (including but not limited to the Cabins at 705 Privacy Policy) which are displayed or to which you may be directed in connection with any particular Cabins at 705 Site or Service, all as may be modified by Cabins at 705 from time to time in its sole discretion (collectively the “Cabins at 705 Terms“).
If you do not agree with the Cabins at 705 Terms, you may not use Cabins at 705 Site or any of the Services on Cabins at 705 Site. Please note that we reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms and Conditions at any time. Please check periodically for changes, which will indicate the latest revision date. Your continued use of Cabins at 705 Site following the posting of any changes to these Terms and Conditions will mean you understand and accept those changes.
2. Site Registration, Accounts and Security
a) General
Certain of the Services and related features that may be made available on Cabins at 705 Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on Cabins at 705 Site and (b) all activities that occur under such password or Account. Further, you agree to notify us of any unauthorized use of your password or Account.
Cabins at 705 shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
When you register on Cabins at 705 Site, for the purposes of these Terms and Conditions you may be said to have an “Account”. The information you submit to create an Account (which may vary depending on the Cabins at 705 Site or Service) may be referred to in these Terms and Conditions or the Cabins at 705 Privacy Policy as “Account Information”, When you have created an Account and are logged in, you may be referred to as a “Logged-in User”.
Certain of the Services may allow you to create an Account using valid credentials from Facebook or Google (or a similar service) (hereinafter “Third Party Service”) account. If you choose to create an Account in this manner, you acknowledge that the Third Party Service account is your own and that you are in compliance with any and all applicable Terms and Conditions of the Third Party Service.
Cabins at 705 reserves the right to terminate your Account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of these Terms and Conditions, as more further described in section 12 below.
b) Passwords
As part of the Account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. We also recommend you change your password on a regular basis.
If you are a Logged-in User, it is strongly suggested that you log out of your Account at the end of every session, or not leave a logged-in Account unattended for any period of time. Cabins at 705 will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your Account through any means, and disclaims any responsibility in this regard.
3. Site Content
a) Restrictions on Use of Materials
All material, information and content (collectively “Content“) available on Cabins at 705 Site, including without limitation the manner in which such Content is presented, and the Cabins at 705 Services are: © 202_ Cabins at 705, its affiliates and/or licensors and all rights are reserved. The Content and the Cabins at 705 Services are protected by Canadian and international copyright laws and treaty provisions. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, make available, or make any unauthorized or infringing use of any of the Content obtained through Cabins at 705 Site or any of our Services, including without limitation, by framing or similar means, without the prior written consent of Cabins at 705.
b) Trade-Marks
All product, brand and company names and logos used or mentioned on Cabins at 705 Site or any Cabins at 705 Service may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on Cabins at 705 Site or any Cabins at 705 Service without the express written consent of the owner of the trade-mark (whether Cabins at 705 or a third-party owner) is strictly prohibited.
c) Links
Please note that certain links on Cabins at 705 Site may take you to other websites or services. Cabins at 705 provides these links only as a convenience and not as an endorsement by Cabins at 705. These linked websites or services are not necessarily under the control of Cabins at 705 If you decide to visit any linked website or service, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Cabins at 705 is not responsible for the content of any such linked websites or services or any other web page which is not part of Cabins at 705 Site and under Cabins at 705’s control. Unless otherwise expressly provided, Cabins at 705 makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon, whether free or for purchase. Accordingly, you agree that Cabins at 705 will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any website or service linked from Cabins at 705 Site, or the actions of the owners or operators of any such linked-to website or service.
4. Site Conduct
a) Legal Compliance and Monitoring
In consideration of the availability, and your use, of Cabins at 705 Site or any Cabins at 705 Service, you agree to comply with all applicable laws and these Terms and Conditions when using such site or service. You acknowledge that Cabins at 705 has no obligation to monitor Cabins at 705 Site or any content accessible through Cabins at 705 Site or any Cabins at 705 Service. However, you agree that Cabins at 705 has the right to monitor Cabins at 705 Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Cabins at 705 Site or any Cabins at 705 Service properly, or to protect itself or its users and customers in accordance with the Cabins at 705 Privacy Policy.
b) Prohibited Conduct
You agree not to:
a) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any applicable law;
b) use Cabins at 705 Site or any Cabins at 705 Service in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying Cabins at 705 Site, any Cabins at 705 Service or the Internet;
c) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
d) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; and
e) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
f) Third Party Dealings
You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on, or through, Cabins at 705 Site or any Cabins at 705 Service, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Cabins at 705 assumes no responsibility whatsoever for any charges you or any user of your Account incurs when making purchases or other transactions in this manner.
5. Submission of Ideas of Content
If you choose to submit to Cabins at 705 (via any means, included but not limited to by email) suggestions for improvements to any Cabins at 705 Site or Service or any idea or proposal related to Cabins at 705 or its businesses or properties generally (collectively, “Feedback”), Cabins at 705 shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Cabins at 705 and waive in favor of Cabins at 705, its successors and assigns all your moral rights in the Feedback, and agree to provide Cabins at 705 such assistance as Cabins at 705 may require to document, perfect, and maintain Cabins at 705’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Cabins at 705, you are not entitled to any compensation or reimbursement of any kind from Cabins at 705 under any circumstances. You warrant that the Feedback is wholly original with you, that no one else has any rights in the Feedback or any related material and that Cabins at 705 is free to implement the Feedback and to use the related material if it so desires, as provided or as modified by Cabins at 705, without obtaining permission or license from you or any third party.
6. E-commerce Sales and Services
a) Pricing
Cabins at 705 cannot confirm the price of a reservation until you book. Despite our best efforts, booking periods may be mispriced. If a booking period’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before confirming or cancel your booking and notify you of such cancellation. Unless otherwise provided, prices are in Canadian currency.
b) Product Descriptions
Cabins at 705 attempts to be as accurate as possible. However, Cabins at 705 does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.
c) Site Transactions
Cabins at 705 reserves the right to refuse any order you place with us. Cabins at 705 may, in our sole discretion, limit or cancel booking periods. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel a booking, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Cabins at 705 reserves the right to limit or prohibit bookings that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
8. Responsibility for Minors
In cases where you have authorized a minor under the age of majority in your jurisdiction to use Cabins at 705 Site or any Cabins at 705 Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of such site or service; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of Cabins at 705 Site may contain material that is inappropriate for minors.
9. Disclaimers
a) General Disclaimer
You expressly understand and agree that: (a) Cabins at 705 Site and any Cabins at 705 Service are provided on an “as is” and “as available” basis and that Cabins at 705 makes no warranties, representations or conditions (as used in this section “warranties”) of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and that any such warranties are hereby expressly disclaimed, and (b) Cabins at 705 specifically makes no warranties that Cabins at 705 Site or any Cabins at 705 Service, including without limitation any content, information, products or services obtained from or through the use of Cabins at 705 Site or any Cabins at 705 Service, will be provided on an uninterrupted, timely, secure or error-free basis or that such service(s) or the results derived therefrom will meet your requirements or expectations.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Cabins at 705, INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER Cabins at 705 HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE Cabins at 705 SERVICES OF Cabins at 705 SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO Cabins at 705 SITE OR ANY OF THE SERVICES.
You expressly acknowledge that Cabins at 705 has entered into these Terms and Conditions , and has or may make Cabins at 705 Site, Content and Cabins at 705 Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Cabins at 705 You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms and Conditions.
11. Indemnification
You agree to defend, indemnify and hold harmless each of Cabins at 705, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on Cabins at 705 Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of Cabins at 705 Site, Cabins at 705 Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from Cabins at 705 Site or through any Cabins at 705 Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. Termination
You acknowledge and agree that Cabins at 705, in its sole and absolute discretion, may, without notice to you, suspend or terminate your Account or your use of, or access to, Cabins at 705 Site or any Cabins at 705 Service, and remove and discard any information or content related to Cabins at 705 Site or any Cabins at 705 Service (and your use thereof), for any reason, including where Cabins at 705 believes that you have violated any of these Terms and Conditions. You further agree that Cabins at 705 shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with Cabins at 705 Site or any Cabins at 705 Service or with any terms, conditions, rules, policies, guidelines, or practices of Cabins at 705 in operating Cabins at 705 Site or any Cabins at 705 Service, your sole and exclusive remedy is to discontinue using Cabins at 705 Site or any Cabins at 705 Service.
13. Jurisdiction
All Cabins at 705 Sites and Cabins at 705 Services are controlled, operated and administered by Cabins at 705 from within Canada. Cabins at 705 makes no representation or warranty that Cabins at 705 Site or any Cabins at 705 Service is appropriate or available for use at any locations outside Canada. Irrespective of the location from where you access Cabins at 705 Site, you are responsible for compliance with all applicable local laws. You may not export any of the Content accessible through Cabins at 705 Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. Notwithstanding the foregoing, Cabins at 705 shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Ontario court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Ontario court. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
14. Contact
To contact Cabins at 705 in connection with these Terms and Conditions or the Cabins at 705 sites, send an email to cabinsat705@gmail.com
15. General Provisions
The Cabins at 705 Terms are personal to you, and you may not assign your rights or obligations to anyone. The Cabins at 705 Terms constitute the entire agreement between Cabins at 705 and you pertaining to your use of Cabins at 705 Site, Cabins at 705 Service and Content and supersedes any prior agreements between you and Cabins at 705 with respect to the subject matter hereof. Cabins at 705’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.
