Terms of Use

Terms of Use

All information on Banff.com is provided “As Is” and is not warranted or guaranteed in any way, however every effort is made to ensure that information is accurate and kept up to date for the benefit of every site viewer.

Please have a look at our Provicy Policy as well as some of the items below are covered in more detail including EU Cookie Law Compliance and GDPR Compliance.

Email List

If it is suspected that an email request to join the email list is invalid, or a hoax, Banff.com Inc. reserves the right not to add the contact in an effort to preserve the integrity of the list.

Advertisers

In the case where Banff.com provides links to the website of an Advertiser, the Advertiser’s website must maintain a minimum of 90% relative content to their business. This includes, but is not limited to, text, images, links and other advertising on that site. This applies to the home page, any page being linked to and the entire website.

External Websites

Banff.com contains links to external third-party websites and is not responsible for the information they contain or the services they provide. Every effort is made however to ensure these sites contain relevant information and services that Banff.com feels would be a benefit to planning a Banff/Lake Louise holiday.

Hotel Reservations

Banff.com sometimes acts as an agent for the hotels that provide rooms for booking on this website. Bookings are made through Banff.com with the hotel at the rates that the hotel has provided. Confirmations will be provided by Banff.com on behalf of the hotel and all charges and payments will be handled by the hotel.

In the case where no tax has been provided in the final room rate, there may be applicable taxes which were not included in the rates shown on the website. Final pricing and cost in this situation will be confirmed by the hotel.

Website and Email Hosting

Banff.com provides email and website hosting services typically billing on an annual basis or monthly via recurring credit card processing.

Cancellation of these services can be made anytime with a 30 day notice and at cancellation any pre paid portion remaining will be refunded to the customer.

It is the sole resposibility of the customer to make sure they have all copies of their website, databases, data, email, statistics, log files and any other files relating to their web services. These will be deleted on the requested cancellation date and are entirely non recoverable and non retrievable upon deletion of the account.

1. Non-Payment in accordance with this Agreement shall, at the discretion of Banff.com, be a ground for termination of this agreement.

Interest at the rate of 3% shall be charged on accounts outstanding for greater than thirty (30) days. NSF cheques shall be subject to a $65 charge.

2. The Client acknowledges that Banff.com is an independent contractor and not an employee of the Client. Banff.com shall use its own discretion in performing the services herein.

3. Except as may be necessary in the performance of this Agreement or under legal process, Banff.com shall not at any time or in any manner make or cause to be made any copies, pictures, duplicates, facsimiles or other reproductions or recordings of any type, or any abstracts or summaries of any reports, studies, memoranda, correspondence, manuals, records, plans or other written, printed or otherwise recorded material of the Client, or which relate in any manner to the present or perspective business of the Client. Banff.com shall have no interest in any of this material and agrees to surrender any of this material which may be in its possession to the Client immediately upon the termination of this Agreement, or at any time prior to the termination upon the request of the Client.

4. Indemnity

The Client will not hold Banff.com, or any of its suppliers, partners, directors, shareholders or employees responsible or liable for any reason whatsoever for any damages, claims, incidents, repercussions, loss of business, third party claims, relating to any Banff.com services, published materials, email service, web service, associations caused by:

• interruptions, errors, omissions, oversights, power outages, computer failures, data line failures, backup failures, unauthorized access to records, virus attacks, theft, delay in operation or transmission
• any third party failure, incident or termination of service
• data submitted to any websites or hosting systems
• claims arising from the sale of services or products through the client’s website to their customers
• copyright infringement arising from materials supplied by the client for web publishing

In the case of use of the Secure Layer Socket System and Secure Server facilities and the collection and transfer of secure materials, like credit card numbers and personal information, the Client agrees not to hold Banff.com responsible in any way for any loss of data, claims or damages arising from the loss or violation of this data either in the system or other.

Where a domain name(s) has been initially registered on behalf of the client, the client’s relationship is then with the Registrar that was used for the registration. Where Banff.com may continue to manage that domain on behalf of the client, including renewals, this service is performed on behalf of the client and their registrar.

The Client understands the nature of the internet, multiple dependence and accepts the associated conditions.

5. Acceptable Use

The Client agrees not to publish or post illegal materials, pornographic materials, offensive materials, anti-semitic materials, hate mongering materials, prejudiced materials via any of the purchased services or carry out illegal activities via the same systems and services.

Banff.com and applicable laws will be the judge of unsuitable content of this nature that may violate the above guidelines.

Banff.com will not monitor or control content stored on and served from the servers, or the activities carried out within. This is the sole responsibility of the Client and they are responsible as such at any time.

The client agrees not to use any of the services for the use of spam email or any other activity aimed at mass sales or privacy violation.

6. Copyrighted Materials

The Client agrees to assure that any and all materials provided to Banff.com for publishing and requested use must be free of any copyrights and/or restrictions and must have full rights to use them in the requested manner.

The Client acknowledges this responsibility and in no way will hold Banff.com responsible for any breach or issues arising from this.

7. Payments

The Client agrees to provide all payments as per the agreed terms or all services will be suspended and/or terminated at the discretion of the supplier.

In the case of deposits being required prior to commencing projects and work, full payment of deposits is required prior to commencement or providing services. If a deposit cheque is returned, or a credit card number is declined as provided, then full payment of the quotation is required in the form of certified cheque, money order or cash prior to the commencement of services.

In the case of delayed payments, late payments or non payments for billed services, Banff.com reserves the right to cancel services as provided at their discretion until full payments may be made and services restored. This includes email and hosting services. The provision of services under these terms does not constitute the waiving of this clause on the part of Banff.com.

The Client agrees that any purchased services are non-transferable and may not be re-sold, traded or modified in any way shape or form.

8. The Client agrees to ensure that their personal computers are supplied and maintained with current anti-virus and firewall protection software where applicable. Banff.com will not be held liable for any damages arising/resulting from the loss of data, files, services or other resulting from unauthorized access to systems via the users own workstations and computers.

9. Cancellations / Terminations

Banff.com hosting terms are for one full year (unless specified otherwise) and may be terminated by providing notice in writing by the company principal with 30 days notice prior to the termination date of the current hosting period.

The Client acknowledges that all files and materials will be deleted upon either cancellation or termination as a result of breach.

10. Past/Present/Future

All parties acknowledge the validity and applicability of this contract being valid for any subscription and/or purchased services from the past as well as present and future including renewals.

11. Any breach of this contract shall, at the discretion of Banff.com, be a ground for termination of this agreement without any refunds. Further action may be taken depending on the severity of the breach.