Effective Date: Dec. 7, 2017
1. General Terms
These Terms sets forth the terms and conditions that apply to use of the website (the “Site”) of The Club Coastal Inc. (“Club Coastal”) and constitutes an agreement between Club Coastal (“Club Coastal”, “we”, “us” and “our”) and the users of the Site, such as yourself. By accessing or using this Site, you signify that you agree to be bound by the Terms. Moreover, by the Site, you represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any party you purport to represent. If you do not agree with or lack the authority to be bound by all of the terms in these Terms, do not ACCESS OR use this Site.
Club Coastal reserves the right to change these Terms at any time. You agree to review the Terms regularly to make yourself aware of any changes. By choosing to continue to use or access this Site after we have posted notice of such modifications, alterations or updates, and after you have had the opportunity to read the revised Terms, you agree to be bound by such revised Terms.
2. Intellectual Property and Permitted Uses
Club Coastal owns (or has the right to use) all content on this Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected under copyright, trademark and all other applicable intellectual property laws of Canada. Club Coastal hereby grants to you a personal, limited, revocable, non-transferable, and non-exclusive license to access, read, and download content from the Site as long as it is for lawful, personal, non-commercial, and not-for-profit purposes. Any use of the content on this Site in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorizing any of the foregoing without the prior written consent of Club Coastal, is strictly prohibited. You may request consent by emailing a request to Club Coastal at the contact information provided below. Without the prior written consent of Club Coastal or of third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Club Coastal, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Club Coastal Site and/or the Providers’ copyrights, trademarks or service marks and other proprietary rights, and is prohibited.
4. Prohibited Uses
You agree that you will not use the Site for any purpose, including without limitation the posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, that is unlawful or prohibited by these Terms, applicable laws, rules or regulations. You may not use the Site in a way that could interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. Among other things, you agree not to introduce, knowingly or otherwise, into or through this Site any information, content or materials, which may be harmful to others. You agree not to submit any personal information without the consent of the individual or the legal authority to do so. You will not attempt to, nor allow any third party to, obtain any information through any means not intentionally provided through the Site. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Site without prior written consent of Club Coastal.
If you violate any of these Terms, in addition to any other remedies Club Coastal may have, your permission to use our Site immediately terminates without the necessity of any notice. Club Coastal retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
5. User Acknowledgements
In consideration for the use of the Site, you hereby agree and acknowledge that:
A. The standard of care of Club Coastal is limited to that of an ordinary tour operator to make reasonable inquiries as to the reliability and reputation of any sub-contractors or agents and that you are responsible to make your own independent investigations or inquiries if you have any concerns.
B. You assume the normal risks of travel to the intended destinations and that participation in certain activities arranged by Club Coastal may cause property damage, serious bodily injuries and fatalities.
C. You are responsible to have in place insurance for overseas health care for sickness or injury, trip cancellation and emergency repatriation while participating in the travel or activities arranged through the Site. Club Coastal strongly recommends that you purchase travel insurance and medical insurance concurrently with your booking, but certainly prior to the retreat. Then I would go a step further and actually provide information and links to insurance websites. There might be an angle to play here with travel insurance brokers. You recommend them on your site for something in return to Club Coastal.
D. Club Coastal is not responsible for any possessions that you take on tour. You acknowledge that you have been advised by Club Coastal to minimize the value of possessions and to acquire insurance for the loss or theft of valuable possessions and that your standard homeowner coverage is likely inapplicable.
E. Club Coastal is not a medical organization or an educational institution and the information provided in a retreat or other activity, including the information which may be attributed to mentors, speakers and coaches arranged by Club Coastal, is not a substitute for medical and/or professional advice. Club Coastal is a service provider and is not affiliated with the mentors, speakers and coaches that Club Coastal arranges for its retreats or activities. Club Coastal disclaims all responsibility for the actions, advice and information attributed to such persons. You are advised to rely on any information provided during a retreat or other activity at your own risk.
F. There are likely strict laws in your intended destination respecting possession of banned substances or participation in inappropriate conduct including but not limited to sexual contact with minors. You agree to abide by the laws of the land, and understand that Club Coastal has a zero tolerance policy for breaches of local laws which will result in immediate termination of our arrangement following which Club Coastal will have no further responsibility or obligation to provide services to you.
G. Club Coastal reserves the right to cancel any trip or make any changes to itineraries, departure dates or return dates without refund occasioned by circumstances that arise that make the booking impossible, which are out of Club Coastal's control by the actions or policies of subcontractors including airlines, occasioned by dangerous weather, natural disasters, war or insurrection.
H. Club Coastal is not to be held responsible for the cancellation of any connecting flights and/or any fees that result from missing the first flight of your booking or failing to show up for another flight on a multi-segment booking.
I. By booking with us you represent that you have no physical conditions or medical precautions which would adversely affect your ability to take part in the programs or services offered by Club Coastal you fully understand that your participation in a retreat or other activity could be injurious to your health and you voluntarily assume all risks related to such activities.
6. Refund and Cancellation Policy
Our refund and cancellation policies may vary from time to time depending on the specific refund and cancellation policies of our third party partners. Therefore, we reserve the right to change or alter our refund and cancellation policies at any time without notice. However, our refund and cancellation policy as at the date first written above is as follows:
- All monies received from customers are non-refundable with no exceptions regardless of the reason for cancellation. Club Coastal cannot make any exceptions to this payments and cancellation policy even if the cancellation is due to illness or medical issues; family or personal matters; revocation, cancellation, or expiration of your visa; travel bans; deportation; any laws, regulations, orders, or policies concerning immigration and refugee status that may impact your ability to travel; change in your immigration status; scheduling conflicts; travel delays; a force majeure event (including, but not limited to, an act of God, war, terrorist activity, labor dispute, civil unrest, utility outage, etc.); or any other reason whatsoever.
- We furthermore permit customers to transfer reservations and other service reservations to third parties in the event they are unable to attend a booked retreat.
- Club Coastal reserves the right to make any changes deemed necessary to our retreats. In the rare event of a cancellation on the part of Club Coastal or a third party partner, we may offer a transfer to another retreat (of similar or lesser value) or a refund (subject to applicable service fees). Club Coastal is not responsible for any injury, loss, expenses or damages, either direct or consequential, or for any loss of time or inconvenience which you may incur as a result of trip cancellation.
7. Links to Other Websites
Our Site may contain links to third party websites (“Linked Sites”). Club Coastal makes no representation or warranty regarding these Linked Sites, nor does the use of Linked Sites imply endorsement by Club Coastal. We do not control or guarantee the accuracy, relevance, currency, or completeness of information found on the Linked Sites. We are not 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 the reliance upon any information, content, goods, or services available on or through the Linked Sites. Any concerns regarding any Linked Sites should be directed to the site’s administrator.
8. Site Provided “As Is”
YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE AND RELATED INFORMATION AND MATERIALS PROVIDED HEREIN, ARE BEING PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ERROR-FREE OPERATION, FREEDOM FROM VIRUSES OR OTHER DESTRUCTIVE, HARMFUL, OR DISRUPTIVE COMPONENTS, OR FITNESS FOR A PARTICULAR PURPOSE.
You are solely responsible for obtaining and maintaining all Internet, computer HARDWARE, and other equipment needed to access and use this Site.
9. Limitations of Liability
CLUB COASTAL WILL NOT BE RESPONSIBLE FOR ANY INFORMATION OR CLAIM MADE BY A USER OF THE SITE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION ANY TRAVEL OR ACTIVITIES ARRANGED THROUGH THE SITE.
NEITHER CLUB COASTAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR OTHER ECONOMIC LOSSES, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.
YOU ARE FULLY RESPONSIBLE FOR HOW YOU USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY TRAVEL OR ACTIVITIES ARRANGED THROUGH THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CLUB COASTAL AND ALL OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, service providers FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES, PENALTIES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO LEGAL AND ACCOUNTING FEES, WHICH ARISE DIRECTLY OR INDIRECTLY FROM (i) YOUR USE OF THE SITE (ii) ANY BREACH OF ANY OF THESE TERMS (iii) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER OR (iv) ANY TRAVEL OR ACTIVITIES ARRANGED THROUGH THE SITE.
11. Third Party Rights
These Terms are for the benefit of Club Coastal, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
12. Attendee Conduct at Retreats
We reserve the right to remove attendees who do not comply with the proper registration, security procedures or requirements of attendee conduct outlined below at any point during a retreat without a refund.
A. Club Coastal reserves the right to remove anyone who disobeys any requirements, procedures, policies or regulations of a retreat or activity.
B. You must not defame, abuse, harass, harm or threaten others, make any bigoted, hateful, or racially offensive statements.
C. You may not advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person. You may not post or distribute any material that infringes and/or violates any right of a third party or any law or post or distribute any vulgar, obscene, discourteous, or indecent language or images.
D. If we deem any online, social networking, or other media reference post, article, photo or video regarding a retreat inappropriate, the offender is required to take down the material immediately upon our request for removal. If the posting is made during a retreat, this may be grounds for dismissal from the retreat, removal and preclusion from future involvement with Club Coastal.
E. Without limitation of the foregoing, Club Coastal may, in its sole and absolute discretion, remove you or any other attendee from a retreat, without explanation, either before or during a retreat, if such attendee engages in any unlawful, unauthorized, prohibited, improper, or unethical activities, or any other acts or omissions that we deem worthy of your removal from a retreat.
13. Governing Law
The laws of the Province of Alberta and the federal laws of Canada, excluding any principles of conflicts of law, govern these Terms and all matters related thereto. Any dispute between Club Coastal and you arising from this Terms shall be resolved before the courts located in City of Calgary in the Province of Alberta, Canada, and you hereby agree to waive any jurisdictional, venue or inconvenient forum objects to such courts.
14. Termination of Use
Club Coastal may, at any time without notice, and for any reason whatsoever, suspend your right to use this Site or terminate this Terms. If this Terms or your permission to use the Site is terminated, then you shall cease and desist from all use of this Site. Sections 2 and 8-12 will survive any termination or expiry of these Terms.
15. Force Majeure
Except for any obligation to make payments, any delay or failure of either party to perform its obligations under these Terms shall be excused if, and to the extent, that the delay or failure is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, action by any governmental authority (whether valid or invalid), fires, flood, wind storms, explosions, riots, natural disasters, wars, terrorist acts, sabotage, labour problems (including lock-outs, strikes and slow downs, except for any labour problems of the party claiming a force majeure event), or court order or injunction; provided that written notice of delay (including anticipated duration of the delay) shall be given by the affected party to the other party within ten (10) calendar days of the affected party first becoming aware of such event.
16. Incorporation by Reference
Any other terms and conditions referenced on the Site are hereby incorporated into these Terms by reference.
17. Severance of Invalid Terms
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding anything to the contrary, if the class action waiver of these Terms is deemed unenforceable, the agreement of the parties to engage in arbitration shall likewise be deemed stricken.
18. Entire Agreement
19. Contact Us
If you have any questions or concerns about our Site or these Terms, you may contact us at:
Attn.: Milana Jevtic
The Club Coastal Inc.