USE OF THE KIWI COLLECTION SITE
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.
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
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.
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.
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.
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.
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
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.
375 Water Street, Suite 645
Vancouver, BC V6B 5C6