Terms of Use for Vancouver Specialist Website
This Website is owned and operated by the greater Vancouver Convention and Visitors Bureau (“Destination Vancouver”). Use of any of this Website is subject to these Terms of Use. Please read this document carefully. Your use of the Website indicates your acceptance of the Terms of Use and your agreement to be legally bound by them without limitation or reservation.
If acting on behalf of a corporation, organization or other legal entity, you confirm you have binding authority; the entity you represent will be bound by these Terms of Use. If below the age of majority, get your parent’s or guardian’s permission before using the Website.
Destination Vancouver reserves the right to modify these Terms of Use without notice. Any changes or modifications will become effective immediately upon posting, and your continued use of the Website constitutes your acceptance of such changes. Therefore, we advise you to frequently review these Terms of Use.
This Agreement governs your use of this Website. It exempts Destination Vancouver from liability or limits its liability and contains other important provisions that you should read. Each time you use this Website, you acknowledge and signify that you have read, understood, and agreed to be bound by this Agreement as it then reads, and you warrant and represent that you are at least 18 years of age. If you do not agree with each provision of this Agreement each time you use this Website, or if you are not at least 18 years of age, you may not use this Website.
Your Acceptance of This Agreement
This Website Use Agreement (referred to as the "Agreement") governs the use of this Website and constitutes an agreement between Destination Vancouver (referred to as "Destination Vancouver") and users of this Website, such as you. Each time you use this Website you signify your acceptance and agreement, and the acceptance and agreement of any party you purport to represent, without limitation or qualification, to be bound by this Agreement as it then reads, and you represent and warrant that you are at least 18 years of age and have the legal authority to agree to and accept this Agreement on behalf of yourself and any party you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you are not at least 18 years of age, you may not use this Website.
Changes to this Agreement
You may not change, supplement or amend this agreement in any manner. We may, in our sole discretion, change, supplement or amend this agreement as it relates to your future use of the web site from time to time, for any reason, and without any prior notice or liability to you or any other person.
Vancouver Specialist Program
The goal of the Vancouver Specialist Program (VSP) is to help you, the travel professional, learn more about what Vancouver has to offer your clients.
In order to qualify as a Vancouver Specialist you must:
- Complete Modules 1 through 4 with 100% accuracy within one year;
- Agree that you will use your best efforts to promote and market travel to and in Vancouver;
- Agree to conduct the promotion and marketing of travel to and in Vancouver with all due care and diligence and shall cultivate and maintain good relations with customers and potential customers in accordance with best commercial practices, ethical standards and applicable laws.
Once you have completed the modules and fulfilled the requirements listed above, Destination Vancouver will provide you with:
- A certificate identifying you as a certified Vancouver Specialist;
- Access to an online resource website providing detailed, practical information about selling Vancouver.
Then, you will be entitled to certain additional benefits such as access to, Vancouver tourism supplier industry reduced or complimentary rates (contact Destination Vancouver Travel Trade sales team to make arrangements), e-newsletters, familiarization trips to Vancouver and other sales related opportunities.
Your Vancouver Specialist certificate will be valid for two years only. You must re-certify every two years.
If you fail to meet the requirements for certification as a Vancouver Specialist, Destination Vancouver may revoke your certification. If you receive written notice from Destination Vancouver revoking your Vancouver Specialist designation, you must immediately cease to identify or market yourself as such.
Please note that Destination Vancouver does not guarantee you business or profit as a result of participating in the VSP. Certification cannot be used in place of locally required certifications or qualifications required to work as a travel agent in your home country.
Despite being a Vancouver Specialist you will not be authorized to act on behalf of Destination Vancouver in any way. We shall remain independent contractors with no authority to represent or bind each other.
User Sign-up
You will be required to create a profile and become a member in order to participate in the VSP. By signing up for the VSP, you agree to:
- Provide accurate and complete information during the sign-up process
- Maintain and update such information to ensure its accurate and complete
- Authorize Destination Vancouver to communicate with you regarding your membership or to provide you with information concerning the Website
- Be legally bound by these Terms of Use and all applicable conditions, qualifications, instructions, explanations, descriptions, guides, information or procedures issued by Destination Vancouver, all of which form part of these Terms of Use.
- Keep your username and password confidential. You are responsible for any activity using your username and password. You agree to immediately notify the VSP if you suspect any unauthorized use of your membership, user name or password.
Disclaimers, Liability Exclusions, Liability Limitations, and Indemnity
Destination Vancouver strives to make your experience using this Website a useful and enjoyable experience. Nevertheless, Destination Vancouver does not accept any liability for your use of this Web site or its Content. For that reason, the following provisions apply to your use of this Website or its Content:
• DISCLAIMER
YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY FULLY DISCLAIMED BY DESTINATION VANCOUVER TO THE FULLEST EXTENT PERMITTED BY LAW.
• LIABILITY EXCLUSION
(A) THIS WEBSITE OR ITS CONTENT WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR THAT THEY WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; OR
(B) THE USE OF THIS WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY CONTENT, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
(C) THE USE BY YOU OF THIS WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY; OR
(D) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; OR
(E) THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR
(F) THE INFORMATION CONTAINED IN THE WEBSITE OR DERIVED FROM THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL OR TIMELY; OR
(G) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE
YOU (AND NOT DESTINATION VANCOUVER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT ARISING FROM OR CONNECTED TO YOUR ACCESS TO THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DESTINATION VANCOUVER DOES NOT REPRESENT OR WARRANT THAT:
DESTINATION VANCOUVER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THIS WEBSITE BY YOU OR ANYONE ELSE, AND REGARDLESS OF ANY NEGLIGENCE BY DESTINATION VANCOUVER OR ANYONE FOR WHOM DESTINATION VANCOUVER IS RESPONSIBLE, AND NOTWITHSTANDING THAT DESTINATION VANCOUVER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANYONE ELSE.
• LIABILITY LIMITATION
IN NO EVENT WILL DESTINATION VANCOUVER EVER BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY DESTINATION VANCOUVER OR ANYONE FOR WHOM DESTINATION VANCOUVER IS RESPONSIBLE, IN AN AMOUNT EXCEEDING $100 (CDN) OR THE AMOUNT YOU PAID TO DESTINATION VANCOUVER TO USE THIS WEBSITE, WHICHEVER IS LESS.
• INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DESTINATION VANCOUVER AND ALL OF ITS AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS AND LICENSEES, OFFICERS AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED INDIVIDUAL OR CORPORATE PARTIES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF OR CONNECTED TO YOUR USE OF THIS WEBSITE OR ITS CONTENT AS DEFINED HEREIN, YOUR BREACH OF THIS AGREEMENT, YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHERS, OR YOUR VIOLATION OF ANY APPLICABLE LAWS. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY DESTINATION VANCOUVER IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
Jurisdictional Issues
This Website is controlled by Destination Vancouver from Vancouver, British Columbia, Canada. Access to this Website from locations where the Content is illegal is prohibited. It is solely your responsibility to determine whether your use of this Website is lawful, and you must comply with all laws applicable in your jurisdiction.
Governing Law and Dispute Resolution
This Agreement, your use of this Website and its Content, and all matters relating thereto are governed solely by the laws of the Province of British Columbia, Canada and the federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Destination Vancouver and you arising from or relating to this Website or its Content or this Agreement or any matters relating thereto shall be resolved before the Courts of the Province of British Columbia, Canada sitting in the City of Vancouver, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute.
Any claim or cause of action you may have relating to, arising from, or connected with your use of this Website or its Content or this Agreement or any matters relating thereto must be commenced in a court of competent jurisdiction in Vancouver, British Columbia, Canada within one (1) year after the claim or cause of action arises, after which time the claim or cause of action shall be barred.
Termination of Website Use
If you breach any provision of this Agreement, you may no longer access or use this Website or its Content.
Destination Vancouver, in its sole discretion, may terminate your right to use this Website or its Content at any time, for any reason, without any notice to you and without any liability to you or any other person.
If Destination Vancouver terminates your right to use this Website, this Agreement will nevertheless continue to apply and be binding upon you in respect of your use of this Website prior to the termination of this Agreement, any information or materials obtained by you from this Website, and anything connected with, relating to or arising from those matters.
Ownership and Permitted Use of the Web Site and its Content
This Website and all of its content, including information (in text, graphical, video and audio forms), images, icons, software, and other elements (referred to as "Content") are the property of Destination Vancouver or its suppliers, and are protected by Canadian and international copyright, trademark, and other laws. Your use of this Website and its Content does not transfer to you any ownership or other rights in this Website or its Content. Your only rights are to use this Website and its Content as described specifically in this Agreement.
This Website and its Content are made available to you for your lawful, personal, and non-commercial use only. This Website and its Content may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Content (including the design of this Website) may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way, in whole or in part, without the express prior written consent of Destination Vancouver.
You may access and browse this Website using a commercially available Web browser. You may print the pages of this Website for your personal use provided that you do not modify any of the Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
You may not use any of the software that is used in the operation of this Website except while you are browsing this Website or performing other activities provided through this Website. You may not copy any of the software used in the operation of this Website.
Trademark Information
DESTINATION VANCOUVER™, VANCOUVER. SPECTACULAR BY NATURE™, www.destinationvancouver.com are registered and unregistered trademarks and trade names owned by Destination Vancouver. Other product and company names and logos appearing on this Website may be registered and unregistered trademarks or trade names of their respective owners.
Any use of the trademarks, trade names and logos (collectively the "Marks") displayed on this Website, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on this Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on this Website.
No Advice or Solicitation
This Website and its Content are for informational purposes only. They do not constitute professional, investment, legal, accounting, tax or other advice or recommendations. If you require such advice or recommendations, you must seek it from persons other than Destination Vancouver.
This Website and its Content do not constitute an offer to sell or a solicitation to buy any product or service.
Restricted Areas and Passwords
Certain areas of this Website may be accessed only by use of a unique user identification and password. If you are provided with a password, you are responsible for ensuring that your user identification and password are not disclosed to or used by any other person. You are fully responsible for all activities that occur under your identification or password, and release Destination Vancouver from and indemnify Destination Vancouver against all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by any other person. You must immediately notify Destination Vancouver of any unauthorized use of your identification or password.
Information Submissions
In order to use portions of this Website you may be required to submit information through this Website. All information you provide through this Website must be true, accurate, and complete. Destination Vancouver will rely on the information you provide. If you submit incorrect or incomplete information, you will be responsible for any loss, damage, or additional costs you, Destination Vancouver, or others may incur as a result.
Links to Other Sites
This Website may include links to Web sites or resources operated by Destination Vancouver's Website sponsors or other third parties ("Other Sites"). Links to Other Sites are provided solely for your convenience. Other Sites are independent from Destination Vancouver, and Destination Vancouver has no responsibility for or control over Other Sites, their content, or their availability. Destination Vancouver does not sponsor or endorse any Other Sites or their content or the products or services available through those sites. Your use of Other Sites and dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against Destination Vancouver arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. The provisions of this Agreement under the section headed Disclaimers, Liability Exclusions, Liability Limitations, and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their content.
Linking and Framing this Website
Links to this Website without the express written permission of Destination Vancouver are strictly prohibited. Destination Vancouver reserves the right to cancel and revoke any permission it may give to link to this Website at any time, for any reason, without any notice, and without any liability.
The framing of this Website or any of the Content in any form and by any method is strictly prohibited.
Unsolicited Submissions
Destination Vancouver does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential future misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Destination Vancouver.
If you send Submissions to Destination Vancouver or this Website you automatically grant to Destination Vancouver and its assigns a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Destination Vancouver or its assigns, and you agree, warrant and represent that all moral rights in the Submissions are waived.
Other Matters
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Destination Vancouver relating to your use of this Website and supersedes all previous agreements, written, oral or otherwise, between the you and Destination Vancouver with respect to your use of this Website and its Content. This Agreement does not vary, alter, modify or otherwise affect any other more specific agreements between you and Destination Vancouver regarding other matters. Any rights not expressly granted by this Agreement are reserved to Destination Vancouver. You and Destination Vancouver are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the website.
This Website Use Agreement is subject to change without notice.
