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Terms of Service

Last Updated: October 1, 2023

Table of Contents

  • Agreement to Terms
  • Intellectual Property Rights
  • User Accounts
  • Booking and Services
  • Payments and Refunds
  • Prohibited Activities
  • Third-Party Links
  • Disclaimers
  • Limitation of Liability
  • Indemnification
  • Term and Termination
  • Governing Law
  • Dispute Resolution
  • Changes to Terms
  • Contact Us

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NeonCanada ("Company," "we," "us," or "our") governing your access to and use of the website at www.shokoladnaya-sosiska.com (the "Site") and any related services, features, content, or applications offered by the Company (collectively with the Site, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Intellectual Property Rights

2.1 Site Content

Unless otherwise indicated, the Site and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. This license does not include the right to:

  • Modify or copy the materials;
  • Use the materials for any commercial purpose or for any public display;
  • Attempt to decompile or reverse engineer any software contained on the Site;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or "mirror" the materials on any other server.

2.3 Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company.

3. User Accounts

3.1 Account Creation

In order to access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 Account Termination

We reserve the right to terminate or suspend your account and access to the Services, at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, the Company, or third parties, or for any other reason.

4. Booking and Services

4.1 Tour Bookings

When you book a tour or service through our Site, you agree to provide accurate and complete information for all participants. You acknowledge that bookings are subject to availability and confirmation.

4.2 Booking Confirmation

A booking is not confirmed until you receive a written confirmation from us and full payment has been processed. We reserve the right to refuse any booking at our discretion.

4.3 Participant Requirements

You must ensure that all participants in a booking meet the physical, health, and age requirements specified for the particular tour or activity. You must also inform us of any medical conditions or special requirements that may affect participation.

4.4 Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, including hours of operation or availability of any feature, without notice or liability.

5. Payments and Refunds

5.1 Prices and Payment

All prices are quoted in Canadian dollars and are subject to applicable taxes. Payment must be made in full at the time of booking unless otherwise specified.

5.2 Refund Policy

Our refund policy is as follows:

  • Cancellations made 30 days or more before the scheduled tour date receive a full refund minus a 10% administrative fee.
  • Cancellations made 15-29 days before the scheduled tour date receive a 50% refund.
  • Cancellations made 14 days or less before the scheduled tour date are non-refundable.

5.3 Tour Cancellations by Company

We reserve the right to cancel any tour due to insufficient participation, weather conditions, safety concerns, or any other circumstances beyond our control. In such cases, you will receive a full refund or the option to reschedule.

6. Prohibited Activities

In using our Services, you agree not to:

  • Violate any applicable law, regulation, or these Terms;
  • Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
  • Infringe on the rights of others, including patent, trademark, trade secret, copyright, privacy, or other proprietary rights;
  • Interfere with or disrupt the Services or servers or networks connected to the Services;
  • Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services;
  • Use any robot, spider, or other automatic device or process to monitor or copy any content from the Services;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services;
  • Engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Services;
  • Use the Services to send automated, unsolicited, or unauthorized communications.

7. Third-Party Links

The Services may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8. Disclaimers

8.1 Service Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

8.2 Activity Risks

You acknowledge that outdoor activities and tours involve inherent risks. The Company does not guarantee your safety or that of your property during any activity. You participate at your own risk and are responsible for your own safety and belongings.

9. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
  • ANY CONTENT OBTAINED FROM THE SERVICES; AND
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Term and Termination

These Terms shall remain in full force and effect while you use the Services. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

13. Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Services shall be resolved exclusively through the courts of the Province of Ontario, Canada. You consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction by such courts.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

15. Contact Us

If you have any questions about these Terms, please contact us:

  • By email: [email protected]
  • By phone: +1 (416) 555-7890
  • By mail: 123 Neon Boulevard, Toronto, ON M5V 2H1, Canada
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