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Terms of Use


USE OF THE KIWI COLLECTION SITE

Use of the Kiwi Collection site is subject to all applicable international, federal, provincial and local laws and regulations. Unless otherwise specifically indicated, you may download material displayed on the Kiwi Collection site for personal, non-commercial use only. You may not distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the Kiwi Collection site for any public or commercial purpose without the written consent of Kiwi Collection Inc. or any third party Kiwi Collection Inc. deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the Kiwi Collection site you make and distribute for any purpose must also include these Terms of Use. You may not access or use the Kiwi Collection site in any way that could or is intended to damage or impair the Kiwi Collection site, or any server or network underlying the Kiwi Collection site, or interfere with anyone else's use and enjoyment of the site.

THIRD-PARTY PROVIDER TERMS OF USE AND RESTRICTIONS

Additional terms and conditions may apply to your reservation and/or purchase of third-party providers’ goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by a third-party provider with whom you elect to make a reservation, including, but not limited to, payment of all amounts when due and compliance with the third-party provider’s Terms of Use and restrictions regarding availability and use of the third-party provider’s facilities, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such third-party provider's Terms of Use and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable facility, product or services, in your forfeiting any monies paid for such reservation(s), and/or in the debiting your account for any costs incurred as a result of such violation.

CANCELLATION OF HOTEL RESERVATIONS

If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel prior to your date of arrival, you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with Kiwi Collection or the hotel directly.

You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the Terms of Use and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your hotel reservations.

TRAVEL DESTINATIONS

Most travel, including travel to international destinations, is completed without incident, however travel to certain destinations may involve greater risk than others. Kiwi Collection Inc. urges travelers to review Government of Canada travel website for, announcements, warnings or prohibitions, or other travel related information prior to booking hotel reservations for hotels located in international destinations. Government of Canada Travel Reports & Warnings can be found at www.voyage.gc.ca/countries_pays/menu-eng.asp.

BY RECOMMENDING HOTELS IN PARTICULAR COUNTRIES AND REGIONS, KIWI COLLECTION INC. DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

COPYRIGHTS AND OTHER PROPRIETARY RIGHTS

You should assume that everything on the Kiwi Collection site is copyrighted unless otherwise noted and that it must not be used except as provided in the Terms of Use or with the express written consent of Kiwi Collection Inc. or any third party Kiwi Collection Inc. deems necessary. Kiwi Collection Inc. neither warrants nor represents that your use of the material displayed on the Kiwi Collection site will not infringe rights of third parties. Any product, service, program, or technology described on the Kiwi Collection site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by Kiwi Collection Inc.. Any such right that is not expressly licensed herein is reserved by Kiwi Collection Inc.

Images of people or places displayed on the Kiwi Collection site are either the property of, or used with permission by, Kiwi Collection Inc. Use of these images by you or other third parties is prohibited unless expressly permitted in the Terms of Use or elsewhere on the Kiwi Collection site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Any product, service, program or technology described in any document published by Kiwi Collection Inc. on the Kiwi Collection site may be the subject of other intellectual property rights owned by Kiwi Collection Inc.. Any such right that is not expressly licensed hereunder is reserved by Kiwi Collection Inc.

The trademarks and copyrights not attributed to Kiwi Collection Inc. are the property of their respective owners.

TRADEMARKS AND BRAND NAMES

The trademarks, logos and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on the Kiwi Collection Site are Trademarks of Kiwi Collection Inc. and others. Nothing contained on the Kiwi Collection site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Kiwi Collection site without the written permission of Kiwi Collection Inc. or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Kiwi Collection site is prohibited. Kiwi Collection Inc. aggressively enforces its intellectual property rights, including via civil and criminal proceedings.

CURRENCY CONVERTER

Currency conversion is under license from openexchangerates.org You should read and understand the User Terms of Use for any reliance you may make on the currency conversions on the Kiwi Collection site. Rates are not verified as accurate and you should consult a qualified professional to verify the accuracy of currency rates used for any purpose.

SUBMISSIONS

Apart from your personal information (which is addressed in the Privacy, any communication or material you send to the Kiwi Collection site, electronically or otherwise, including, but not limited to, data, questions, comments, suggestions, or submissions, is and will be treated as non-confidential and non-proprietary, unless otherwise stated in the Privacy. Please note that the Kiwi Collection Inc. site has a privacy policy that applies specifically to it, and may contain different terms.

Anything you send to the Kiwi Collection site may be used by Kiwi Collection Inc. for any purpose including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to kiwicollection.com, you irrevocably transfer and assign to Kiwi Collection Inc., and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. Kiwi Collection Inc. is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Kiwi Collection site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services.

By using the Kiwi Collection site, you may submit, or Kiwi Collection Inc. may gather, certain limited information about you and your usage of the Kiwi Collection site. Subject to the terms of the Privacy, Kiwi Collection Inc. is free to use such information for any purpose it deems appropriate.

LIABILITY DISCLAIMER REGARDING INFORMATION ON SITE

Kiwi Collection Inc. endeavors to ensure that the Contents of the Kiwi Collection site are accurate and current. Nonetheless, despite our efforts this website may contain errors. Kiwi Collection Inc. disclaims any warranty of any kind, whether express or implied, regarding all information contained in and displayed on the Kiwi Collection site, including any use thereof, as well as any and all links to and from the website.

The information will, from time to time, be updated and/or changed, and Kiwi reserves the right to make all such changes to the content of this website without any obligation to advise and/or notify visitors to the website that such changes have been, or will be made.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, KIWI COLLECTION INC. DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AND OTHER TRAVEL SERVICES AND/OR PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, KIWI COLLECTION INC. EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND KIWI COLLECTION INC. DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. KIWI COLLECTION INC. AND ITS RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. KIWI COLLECTION INC. AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.

KIWI COLLECTION INC. AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY KIWI COLLECTION INC.. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KIWI COLLECTION INC. AND ITS RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM KIWI COLLECTION INC. AND ITS RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIWI COLLECTION INC. AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE HOTELS AND OTHER SUPPLIERS PROVIDING RESERVATIONS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF KIWI COLLECTION INC.. KIWI COLLECTION INC. IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. KIWI COLLECTION INC. HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL KIWI COLLECTION INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF KIWI COLLECTION INC. ITS RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, Kiwi Collection Inc. or its respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the and/or its respective suppliers will in no event exceed, in the aggregate, the greater of (a) any fee you may have paid to Kiwi Collection in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (CAD$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Kiwi Collection Inc., and/or their respective suppliers.

NO WARRANTIES

The information and services provided or referenced on the Kiwi Collection site are provided "as is" and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. This means that although Kiwi Collection Inc. uses reasonable efforts to include accurate and up-to-date information on the Kiwi Collection site, Kiwi Collection Inc. makes no warranties or representations as to its accuracy. Kiwi Collection Inc. makes no warranty, either express or implied, that any information or service provided or referenced by the Kiwi Collection site is either merchantable or accurate, that such information or service will fulfill any of your particular purposes or needs, or that such information or service does not infringe on any third party rights. Kiwi Collection Inc. may periodically add, change, or improve any of the information, products, services, programs, and technology described on the Kiwi Collection site without notice. Kiwi Collection Inc. assumes no liability or responsibility for any errors or omissions in the content of the Kiwi Collection site.

LIMITATION OF LIABILITY

Your use of the Kiwi Collection site is at your own risk. To the maximum extent allowed by law, neither Kiwi Collection Inc. nor any other party involved in creating, producing, or delivering the Kiwi Collection site, will be liable for any direct, indirect, incidental, consequential, or punitive damages (including, without limitation, lost profits, cost of procuring substitute service or lost opportunity), however caused, arising out of your access to, use of, or reliance on the Kiwi Collection site, even if Kiwi Collection Inc. has been advised of the possibility of such damages. Without limiting the foregoing, Kiwi Collection Inc. assumes no responsibility for, and will not be liable for any damages relating to or caused by any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from, the Kiwi Collection site. Kiwi Collection Inc. cannot and does not guarantee continuous, uninterrupted or secure access to the Kiwi Collection site.

LINKS

Kiwi Collection Inc. has not reviewed all of the sites which are linked to the Kiwi Collection site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. Kiwi Collection Inc. is not responsible for the contents of any site linked to the Kiwi Collection site. Your connection to and use of any such linked site is at your own risk.

TERMINATION

Kiwi Collection Inc. reserves the right to deny use of all or part of the Kiwi Collection site to any user for any reason without notification. Kiwi Collection Inc. may, in it sole discretion and at any time, modify or terminate the Kiwi Collection site and remove or refuse to post any information, content or materials.

ADDITIONAL LEGAL INFORMATION

The Terms of Use will be governed by and construed under the laws of the Province of British Columbia, excluding only its conflict of law provisions. Each user of the Kiwi Collection site hereby submits to the exclusive jurisdiction of the courts within the Province of British Columbia, and waives any jurisdictional venue or inconvenient forum objections to such courts.

Any failure by Kiwi Collection Inc. to enforce any of its rights under the Terms of Use or applicable laws shall not constitute a waiver of such right. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you, Kiwi Collection Inc., and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms of Use provisions shall retain their full force and effect.

Please also read the Kiwi Collection site Privacy which is part of the Terms of Use and which you accept. If you have any questions, comments, criticisms, or complaints about kiwicollection.com, please feel free to email us.

CHANGES TO THE TERMS OF USE

These Terms of Use were revised and posted on April, 2010. Kiwi Collection Inc. reserves the right to change, modify, or amend any or all of these Terms of Use at any time. Kiwi Collection Inc. will occasionally update these Terms of Use and we will post those updates on this page. You are responsible for revisiting this page to review our privacy policy updates.

HOW TO CONTACT KIWI COLLECTION INC. REGARDING YOUR CONCERNS AND QUESTIONS

Please note that whenever you submit any information to us in connection with any services related to the Kiwi Collection site, you consent to let us process this information in Canada as necessary to provide the services in which you are participating.

If you have any questions, comments, criticisms, or complaints about Kiwi Collection Inc.'s Terms of Use and/or the way it affects you, please feel free to email us at info@kiwicollection.com or write to us at:

Kiwi Collection Inc.
375 Water Street, Suite 645
Vancouver, BC V6B 5C6
Canada
Attention: Webmaster

Should you have a dispute regarding this privacy policy, we will attempt resolve it and take any remedial action as we reasonably determine in our discretion and in accordance with applicable laws.

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