Terms of service

Website Terms of Use

 

Acceptance of the Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is published and maintained by 1750053 ONTARIO LTD.  (“Company”, “we” or “us”). The following terms and conditions of use (these “Terms of Use”) govern your access to and use of Sunbook.ca, including any content, functionality and services offered on or through Sunbook.ca (the “Website”).

BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, AND YOU AFFIRM THAT YOU ARE EITHER MORE THAN 18 YEARS OF AGE, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY COMPETENT TO ENTER INTO THESE TERMS OF USE. If you do not want to agree to these Terms of Use, you must not access or use the Website.

BY USING THIS WEBSITE, YOU ALSO CONSENT TO THE TERMS LAID OUT IN THE SUNBOOK.CA’S PRIVACY POLICY AND THE TERMS AND CONDITIONS OF THE RESPECTIVE TOUR COMPANY/OPERATOR, AIRLINE, CRUISE LINE, CAR OR HOTEL OR OTHER SUPPLIER PROVIDING THE TRAVEL PRODUCTS YOU ARE PURCHASING (E.G., VACATION PACKAGES, FLIGHTS, HOTEL RESERVATIONS, CRUISE PACKAGES, CAR RENTALS, ETC.). The Rules and Regulations (or Terms and Conditions) for the tour operator, airline, travel provider and/or other, providing the customer’s selected product are made available during the booking process via a featured link or inline texts.

IT IS THE RESPONSIBILITY OF THE USER TO READ AND ACCEPT THE TERMS AND CONDITIONS OF 1750053 ONTARIO LTD., HEREBY KNOWN IN THESE TERMS AND CONDITIONS AS SUNBOOK.CA AND THE TRAVEL SUPPLIERS’ TERMS AND CONDITIONS, BEFORE PURCHASING TRAVEL SERVICES THROUGH THE SUNBOOK.CA WEBSITE AND/OR ITS AFFILIATE SITES. Your completion of purchase signifies your agreement with all terms.

Prior to making a reservation, upon checking the agreement with the website's terms of use, users may not invoke the defense of not having read these terms in any form.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon notice to you when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to review this page frequently so you are aware of any changes.

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. This may include removing out of date content and correcting technical inaccuracies or typographical errors. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website.

You are responsible for making all arrangements necessary for you to have access to the Website, and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy [Sunbook.ca/privacy-policy/], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

 

Ownership Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or its third-party suppliers of such material and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  

This Website is to be used to gather information on travel-related goods and services and to make legitimate purchases and/or reservations. This Website may not be used to make any false, fraudulent, or speculative purchases and/or reservations.

Sunbook.ca does not assume any liability whatsoever for cancelled flights, flights that are missed, cruises, or flights not connecting due to any schedule changes made by the airlines.

By submitting your transaction online, you authorize Sunbook.ca to process this reservation with the Supplier on your behalf. Please note the cost of your reservation will be charged to your credit card or payment method directly by the Supplier and/or Sunbook.ca. Additional fees (such as baggage, pets, seat selection and service fees, etc.) may be charged separately by the supplier.

Correct Information and Responsibilities

When making a vacation booking through our online platform, please be advised that all provided information will be shared with our trusted third-party vendors to ensure a seamless booking experience. It is the user's sole responsibility to provide and input accurate and up-to-date details during the booking process. Inaccurate or incomplete information could result in additional charges, including but not limited to name change fees, service fees, and cancellation fees imposed by third-party suppliers. We strongly recommend double-checking all information before confirming your booking to avoid any unwanted charges. Our platform shall not be held liable for any repercussions arising from incorrect information provided by the user.

 

Coupons & Discounts

Please note that coupon codes and discounts provided are intended for use at the time of purchase only and cannot be applied retroactively to previous orders. Once an order has been placed, any applicable discounts or coupon codes must be applied during the checkout process, and we are unable to make adjustments or refunds for discounts that were not applied at the time of purchase. We appreciate your understanding in this matter and encourage you to review your order carefully before finalizing it to ensure that any available discounts are applied as desired.

Change and/or Correction Fees

Any Change, Correction or Cancellation is subject to the Supplier Terms and Conditions and can be accessed through the link or inline texts during the booking process.

Price Fluctuations

There may be times when an advertised price on this site may differ from the final confirmed price. This may be a direct result of an unavoidable delay between the third-party service provider and the most current cruise line, tour operator, consolidator or airline selling price. Should there be a discrepancy between the initial advertised price shown on the website and that of the actual selling price (found on the payment page); the latter, confirmed-final price shall prevail.

If prices drop after your confirmation before departure, the prices cannot be changed as per terms and conditions of the travel supplier.

All prices on this website are subject to change without prior notice. Any changes, by a Third-Party Supplier, in pricing, that may occur before, during or after a purchase, are not the responsibility of sunbook.ca.

Advertised price(s) on this site may differ from the final confirmed price(s). If the system should disconnect from our site or your session expires prices may change. Sunbook.ca is not responsible for any failures caused by server errors, failed internet connections, interruptions in service or other defects whether technical or human in nature.

All reservations and prices listed on sunbook.ca are subject to availability at time of confirmation, and such confirmation will not be made until you have completed the online booking or the sunbook.ca travel agent has provided a confirmation number.

Should the actual price differ from the price listed on our Website before payment is made to the supplier, sunbook.ca will notify you of the discrepancy by email or a telephone call. Sunbook.ca reserves the right to cancel the reservation within a short delay if new price is not agreed on to avoid fees.

Flight Change and Cancellations

Sunbook.ca serves as a booking platform facilitating travel arrangements between travelers and various vendors. It is important to note that Sunbook.ca does not have control over flight operations, including delays and cancellations, as these decisions lie solely within the domain of the respective vendors. While we strive to provide accurate and up-to-date information, any instances of flight delays or cancellations, and the subsequent compensatory measures, are determined by the vendors themselves. Sunbook.ca holds no responsibility for any disruptions caused by vendor-related operational issues, including but not limited to flight delays, cancellations, or changes in itinerary. Travelers are advised to refer to the terms and conditions of the specific vendor for details regarding compensation, rebooking, or any other remedies in case of such occurrences.

Currency and Exchange Rates

The prices displayed on the sunbook.ca website are in either Canadian Dollars or U.S Dollars, based on the user's selection. Supplier rates are quoted to sunbook.ca in Canadian dollars. In the event that a user chooses a currency other than Canadian dollars, Sunbook.ca will employ the exchange rate available at the time of quoting. It's important to note that payments processed at a later date on your credit card might be subject to a different exchange rate than the one calculated during the booking, and this variance will be applied by either the supplier or your credit card company. Sunbook.ca holds no responsibility for currency fluctuations and does not guarantee that the Canadian equivalent of the purchase will remain unchanged, as this factor lies beyond our control.

 

Using the Website

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: (a) you may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not modify copies of any materials from the Website, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website, or access or use for any commercial purpose any part of the Website or any services or materials available through the Website.

If you register as an outside agent or a dealer with 1750053 ONTARIO LTD., these Terms of Use also permit you to use the Website for limited commercial use in connection with 1750053 ONTARIO LTD. related commercial activity.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you by implication, estoppel, or otherwise, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other applicable laws.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. It is an express condition of your access to and use of the Website that you agree not to use the Website: (a) in any way that violates any applicable federal, state, local, or international law or regulation including European laws; (b) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (c) to engage in any conduct that in any way could disable, overburden, damage, disrupt, impair or interfere with the proper working of the Website, or that restricts, inhibits or impacts any other user from using or enjoying the Website; or (d) in any way that violates the privacy rights of other users of the Website.

 

Trademarks

The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

Responsibility of this Website

As a condition of use for this website, customers purchasing travel products on Sunbook.ca certify that they have reached the age of majority in the province of Ontario, 18 years of age, as well as the age of majority in their country, province or state of residence. If a customer is under the age of majority, they must book travel services over the phone and be able to offer live, vocal proof of permission from a valid adult legal guardian and email or fax in a parental consent letter.

Sunbook.ca, a division of 1750053 ONTARIO LTD., is a licensed travel agency in the province of Ontario. As such, it offers the service of providing reservations and travel information, as provided by various third-party suppliers to the customer. Sunbook.ca works solely in the capacity of an agent and does not set any third-party suppliers’ terms and conditions, payment terms or penalties and cannot change or influence such policies.

 

User Information

By completing travel purchases and/or reservations, the customer agrees to receive an email(s) providing transactional information and promotional information on selected destinations and certain information/offers relevant to customers’ purchases and/or reservations. We may also email a guest review form to provide feedback.

In order to duly complete and secure the purchases and/or reservations, customer needs to use their correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, legal name, or inaccurate or wrong (mobile) phone number or credit card information.

 

Conditions of Sale

Prices displayed on the Website is in Canadian Dollars (unless otherwise stated). Some supplier rates are quoted to Sunbook.ca in U.S dollars or other currencies; Sunbook.ca will use the exchange rate available at time of quoting. Payments processed at a later date to your credit card may have a different exchange rate than the one calculated at the time of booking, which will be applied either by the supplier or your credit card company. Sunbook.ca is not responsible for currency fluctuations; nor does it guarantee the Canadian equivalent of the purchase will be the same, as this is beyond our control.

Some suppliers may require customer to present a cash deposit or valid credit card of one of the travellers to cover additional expenses, including hotel fees paid locally. Any charges or deposits incurred locally are unrelated to the payment received at time of booking and are the sole responsibility of the traveller(s).

Prices may vary if a customer is booking a single, triple or quadruple occupancy per room, thus altering the pricing format set out by the tour operator. When a vacation package, hotel only booking or cruise price is confirmed on the payment page, the actual price reflecting occupancy changes will appear. All provided ratings within this website are not the opinion of Sunbook.ca and may be different than the ratings of the various tour operators offered through the Sunbook.ca website. Reviews and messages posted on the site are the sole views of the author(s) and do not in any way reflect views expressed on behalf of Sunbook.ca.

It is the responsibility of you/passenger to review this invoice/itinerary and ensure that it is correct and reflects the requested travel arrangements. By your payment to Sunbook.ca for travel services purchased by you/passenger, you acknowledge that you have reviewed and accepted our terms and conditions in their entirety without modification.

You/Passenger have been advised:

a) that while we have endeavoured to advise you of the relevant local laws, customs and travel documentation required for your travel destination and your return to Canada, we cannot warrant the completeness or accuracy of our advice. It is your responsibility to be aware of and prepared for all legal, documentary, health and other requirements for your intended travel.

b) Sunbook.ca selects Tour Operators and Airlines that are reputable, and if customers encounter any sort of dissatisfaction with the product or service provided by a particular Tour Operator/Airline, please feel free to advise Sunbook.ca, but as well, be advised that under no circumstances does Sunbook.ca accept any legal responsibility or liability for any complaints with the product or services provided by Tour Operators/Airlines. For more information regarding the terms and conditions governing the contractual relationship with a Tour Operator/Airline, customers should reference the information contained in Tour Operators’/Airlines' brochures or websites.

c) Sunbook.ca shall not be liable for any damages due to illness, theft, labour dispute, act of God, mechanical breakdown, equipment failure, quarantine, rescheduling, government action, war, insurgency or act of terrorism or other event beyond our control.

d) the Tour Operators/Airlines named in any invoices are independent parties over which we have no direct or indirect control. We are not responsible for their acts or omissions. We assume no responsibility for any claims, losses, damages, costs or expenses arising out of any personal injury, accident, death, loss, damage, delay, loss of enjoyment.

e) Some hotels are now charging an extra fee per night, per room plus applicable taxes, this fee must be paid locally at the hotel upon check-in/check-out.

n) No employee, travel consultant or representative of the Website has the authority to modify, waive or alter in whole or in part these CONDITIONS OF SALE.

 

Tickets and Invoices

Electronic tickets (e-tickets) and supporting information will be sent to customer email (the address provided at time of booking) approximately 14 days before your departure date. For bookings made within 14 days of departure, electronic tickets (e-tickets) and supporting information will be sent to customers email within approximately 72 hours of making your booking. When available, Sunbook.ca will send tickets and documents earlier or at time booking is confirmed. If not received, please check your junk/spam folder or email info@sunbook.com.

Please thoroughly review all invoices, tickets, and itinerary to ensure all dates, times, products are exactly what was requested and that all names are exactly as it appears on traveller(s) valid passport.

Invoices will always show the original quoted currency from the Suppliers - Canadian Dollars.

 

Documentation information

All Canadian citizens including infants/children must carry a valid Canadian passport when travelling abroad. A passport must be valid for at least 6 months after the scheduled date of departure from the last country visited, regardless of the entry requirements of the country. Information on Canadian passport applications is available from Passport Canada travel.gc.ca. If your passport is damaged in any way, you may be denied boarding and will be responsible for all costs associated with a new passport and replacement travel arrangements. Should you require any assistance please contact info@Sunbook.ca.

It is the responsibility of you/passenger to be aware of, obtain and ensure the currency and validity of all documentation required for this trip. Such documentation may include a passport, visas, tourist cards, and affidavit for minor children, any vaccinations that may be required and other documents.

 

Fraudulent Activity

Customer agrees not to make any speculative or fraudulent reservation on this site. If Sunbook.ca determines any signs of fraud or suspicious activity, Sunbook.ca will make an attempt to contact customer for further validation. If Sunbook.ca is not able to successfully validate the information, Sunbook.ca holds the right to cancel any bookings associated with customers name and/or email address and/or credit card. If customer has been found to have conducted any fraudulent activity, Sunbook.ca will take legal action and customer may be liable for any losses to Sunbook.ca, and/or its affiliates, including legal costs and damages. To contest the cancellation of a booking please contact our offices during our regular business hours 905-946-8828 or via email info@Sunbook.ca. If reservation reinstated, it would be subject to availability and current pricing of the supplier.

 

COVID-19

Some countries may require travellers to undergo a health check prior to boarding/entry and present proof of a negative COVID-19 test. In the event that either an air operator, hotel/resort or cruise line observes any COVID-19 symptoms, the operator may refuse boarding or entry. The traveller may, if in destination, need to self-isolate for a period of 14 days or until a medical certificate is presented that confirms that the symptoms that the traveller is exhibiting are not related to the COVID-19 virus. The traveller will be responsible for all cost associated if they are required to stay beyond their original departure date due to COVID-19 reasons.

Please visit https://travel.gc.ca/ for travel advisories. To get information on Aviation Measures in response to COVID-19 visit https://tc.canada.ca/.

 

Price Discrepancies

There may be times when an advertised price on this site, its official social media or any official marketing materials may differ from the final confirmed price. This may be a direct result of an unavoidable delay between the third-party service provider and the most current tour operator, consolidator, cruise line or airline selling price. Should there be a discrepancy between the initial advertised price shown on the website and that of the actual selling price (found on the payment page); the latter, confirmed-final price shall prevail.

If prices drop after your confirmation before departure, the prices cannot be changed as per terms and conditions of the travel suppliers.

All prices on this website are subject to change without prior notice. Any changes, by a Third-Party Supplier, in pricing, that may occur before, during or after a purchase, are not the responsibility of Sunbook.ca.

Advertised price(s) on this site may differ from the final confirmed price(s). If the system should disconnect from our site or your session expires, prices may change. Sunbook.ca is not responsible for any failures caused by server errors, failed internet connections, interruptions in service or other defects whether technical or human in nature.

All reservations and prices listed on Sunbook.ca website are subject to availability at time of confirmation, and such confirmation will not be made until you have completed the online booking or the Sunbook.ca travel agent has provided a confirmation number.

Should the actual price differ from the price listed on the Website before payment is made to the supplier, Sunbook.ca will notify you of the discrepancy by email or a phone call. Sunbook.ca reserves the right to cancel the reservation within a short delay if new price is not agreed on to avoid fees.

For Ontario and Quebec residents, in accordance with travel regulations, where there is an increase of more than 7 percent in the price of services after a deposit has been paid, and such price increase is not a result of an increase in government taxes or a fuel surcharge allowed by the Canadian Transportation Agency, the customer may cancel their booking provided you contact Sunbook.ca within 7 days of receipt of notice of the increase.

 

Price Drop (or Price Match): 

In relation to a price reduction, if you haven't procured any travel protection plans at the time of your booking, Sunbook.ca unfortunately cannot provide reimbursement or compensation for the difference in price. We recommend reaching out to a travel agent to explore options for price drop travel protections.

Product Information:

All informational content on this website, such as; hotel descriptions, images, maps and destination information and description are provided by third-parties, and as such, should be used only as a guideline as they may not be an exact representation. Sunbook.ca is aware that the customer is in need of accurate information and makes every effort possible to ensure that the content within this website is up to date. However, due to constant changes and occasional circumstances beyond our control some of the above-mentioned information may not be entirely accurate. Sunbook.ca cannot be held responsible for changes or inaccuracies beyond our control.

Site reflects an average Star rating provided by tour operators. Note that each third-party supplier has their own Star Rating system and the Website is displaying an AVERAGE rating from different tour operators and suppliers.

 

Travel Insurance

Sunbook.ca strongly recommends travel insurance to cover each individual customer against any unforeseen circumstances or medical bills which may occur prior to, during or after your trip. Sunbook.ca reminds you that government health insurance plans may not cover any or only pay a portion of the expenses incurred for emergency OUT-OF-PROVINCE hospital or medical services. There are different types of travel insurance packages available on the Website.

Insurance claims: it is the insured responsibility to contact the insurance company directly as soon as possible.

Some countries, such as Cuba, have made medical insurance a mandatory requirement for entry. Travellers may be asked to provide proof of medical insurance upon arrival, otherwise you may be required to purchase locally.

By making a purchase either via the Sunbook.ca website or with one of our agents over the phone the customer agrees they were offered insurance and accepts all responsibility to any loss of refund, compensation, right to make a claim or expenses incurred before or while travelling if insurance is not purchased.

All insurance claim amounts are limited to the amounts outlined within the insurance policy and it is the responsibility of the customer to understand any exclusions, limitations to the policy.

 

Third Party Suppliers:

In the nature of Sunbook.ca being an online travel agency of the travel suppliers; Sunbook.ca has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, travel advisories or other causes beyond its control, and has no responsibility for any additional expense, theft, labour action, mechanical failure, equipment failure, quarantine, omissions, delays, re-routing or acts of any government or authority.

Sunbook.ca sources its travel contents from several systems not controlled by sunbook.ca. Occasionally, suppliers have an incorrect price for a flight, package, cruise, etc. If the price is incorrect, the tour operator or supplier has the right to cancel that booking and Sunbook.ca has no control over these pricing errors.

Sunbook.ca, in its capacity as an online travel agency, makes arrangements with suppliers who provide travel services such as flights, cruises, hotels, vacation packages and car rentals. The services arranged by Sunbook.ca are subject to the conditions imposed by these individual suppliers, and their liability may be limited by their own tariffs, conditions of carriage, and international conventions.

When the customer purchases travel services through Sunbook.ca they agree to have read and accepted the appropriate third-party supplier’s Terms and Conditions. It is the responsibility of the customer to refer to the appropriate third-party supplier for the Terms and Conditions that are specific to their travel services.

Sunbook.ca does not own, manage, operate or control any vehicle, hotel, resort, cruise ship, restaurant, or other supplier of services, and is not responsible for their acts or omissions. Sunbook.ca does not guarantee any suppliers’ rates, reservations, connections, scheduling, or protection of personal belongings.

LINKS TO OTHER INTERNET WEBSITES ARE NOT ENDORSEMENT
This Web Site may contain links to other internet sites which are provided to you for your convenience. Please note that the provision of any links to other internet websites does not constitute an endorsement by Sunbook.ca of such linked internet sites. All such other internet sites are wholly independent from this Website and from Sunbook.ca, and Sunbook.ca has no control or power over such other internet sites, including their content.

 

User Generated Content

The Website may offer you the opportunity to participate in product reviews, forums, in-app messages, and other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Website.

All User Content must comply with the Content Standards set out in these Terms of Use. Anything you contribute or post to the Website will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content or materials.

You represent and warrant that: (a) you own or control all rights in and to the User Content and have the right to grant the license granted above; and (b) all of your User Content will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We have the right to: (a) remove or refuse to post any User Content for any or no reason in our sole discretion; (b) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; or (e) terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content or materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, and to the extent authorized under applicable law, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, and we have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

 

Content Standards

These standards apply to any and all User Content and use of Interactive Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations including European laws. User Content must not: (a) contain any material that is harmful, threatening, libelous, abusive, harassing, defamatory, obscene, sexually explicit, profane or otherwise objectionable; (b) promote violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person or entity; (d) violate the legal rights, including the rights of publicity and privacy, of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; or (e) involve commercial activities or sales, such as contests, sweepstakes and other prize promotions, barter or advertising.

 

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any User Content or other materials accessible on this Website infringe your copyright, you may request their removal (or access to them) by submitting written notification to us at copyrights@Sunbook.ca. Please include the following in your written notice:

• Your physical or electronic signature
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple      works on the Website, a representative list of such works
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to      locate that material
• Adequate information by which we can contact you (including your name, postal address, telephone number      and, if available, e-mail address)
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the      copyright owner, its agent or the law
• A statement that the information in the written notice is accurate; and
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

User Submissions

Other than personally identifiable information, which is addressed under our Privacy Policy [Sunbook.ca/privacy-policy/], any information, ideas, comments, suggestions or other feedback you submit to us (collectively, “Submissions”) shall become our exclusive property and shall be treated as non-confidential and non-proprietary. We have the right to use, reproduce, modify, perform, display, license, publish, distribute and otherwise disclose to third parties any Submissions at any time, in any medium, without notice or compensation to you. However, we are under no obligation to use such Submissions, and you hereby waive any right to compel such use.

 

Linking to the Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Website other than the homepage; or (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any links at any time without notice in our discretion.

 

Geographic Restrictions

We administer the Website from the Province of Ontario in Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, to the extent authorized under applicable law you do so on your own initiative and are responsible for compliance with local laws.

 

Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, SECURITY, ACCURACY, RELIABILITY, QUALITY, AVAILABILITY OR OPERATION OF THE WEBSITE OR THE CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITE. WE DO NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE AND OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

User Responsibility

To the extent permitted under applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, agents, successors and assigns 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 of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), is governed by and construed in accordance with the laws of Ontario, exclusive of conflicts of law principles. All parties agree to submit and maintain any disputes solely in the Ontario Canada courts.  

 

Waiver and Severability

No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provision or of any subsequent breach. If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision shall be severed from this Agreement and will not affect the validity and enforceability of any of the remaining provisions.

 

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

Your Comments and Concerns

This Website is operated by 1750053 ONTARIO LTD., an Ontario corporation with its principal office at 7755 Warden Ave, Unit 3, 2nd Floor, Markham, Ontario, L3R 0N3.

 

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed through the “Contact Us” form or email via info@sunbook.ca.

 

Last revised and updated:  Aug 28th, 2023