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Although we have the best intentions in the world, for this service provided to be used in a friendly, spontaneous and reasonable way, it's important for us to lay down a few ground rules. These are listed below.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH HitchTofino OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
Welcome to this website operated by HitchTofino.com
| 1.1 | Our Site is a networking space. It is merely a facilitator for people to arrange transport to and from Tofino from various locations within BC. As a result we have no control over the conduct of our users or the accuracy of the information posted on the Site. |
| 1.2 | We ask users to verify their identity through their email. We do not investigate any user's reputation, conduct, morality, criminal background or any other information posted on the Site. You are responsible for exercising common sense and determining the suitability of other users' of the Site. We encourage you to communicate directly with potential Drivers or Hitchers through the Site and to take the same precautions you would when meeting a person for the first time. |
| 1.3 | You are solely responsible for your interactions with other users of our service. We will not be responsible for any damage or harm resulting from your interactions with other users. We reserve the right to monitor interactions and restrict access to any user who is posting material we consider objectionable. |
| 1.4 | Release. As our Site is a facilitator, in the event of a dispute between you and another user, you release us (and our affiliates) from claims, demands and damages (actual or consequential) of any kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes. |
| 2.1 | As a user of this Site, you must act responsibly and exercise good judgment. For example, you shall not:
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We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. Our Site is designed to allow users to only post details regarding journey dates and locations. We may collect other personal information from you that we do not post on our Site.
By registering on HitchTofino you are also registered for any other websites owed by the 'Hitch' team. These sub-domains of the HitchPlanet Network or any future websites operated under our name are subject to the same terms and conditions.
In using our Site, you may be exposed to content from other users or third parties ("Third-Party Content") either at our Site or through links to third-party websites. We do not control and have no responsibility for, Third-Party Content. You must evaluate and bear all risks associated with, Third-Party Content.
| 5.1 | Our Intellectual Property. All material on our Site is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary right and laws as may be applicable. Unless expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. It's our site - no thieving. |
| 5.2 | Your use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site for your own devious plans, including re-creating databases, directory's or downloads. You may not display any portion of our Site in a frame without our prior written consent. You may however, establish ordinary links to the homepage without our written permission. |
You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of these. You must notify us immediately of any unauthorized use of your log in details or any other breach of security.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms) with or without prior notice and at any time, terminate your access to the Site.
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Site.
You shall use the Site in a manner consistent with any and all applicable national and international laws and regulations.
| 10.1 | If you use our Site you do so at your sole risk. Our Services are provided on an 'as available' basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. |
| 10.2 | We do not warrant that:
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We shall not be liable for damages of any kind (including but not limited to direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to a) the user or inability to use our Site b) the cost of replacement of any goods, services or information obtained as a result of our Site c) disclosure of, unauthorized access to or alteration of your content d) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages e) your or anyone else's conduct or acts in connection with the use of the services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communication or meeting with other registered users or persons introduced to you via registered users, whether online or offline f) any other matter arising from, relating to or connected with our services or these terms.
You shall defend, indemnify and hold harmless us from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Site. If you are obligated to indemnify us, we will have the right, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
If you feel that a Driver or a Hitcher has acted inappropriately including but not limited to offensive, violent or sexually inappropriate behavior, or engages in other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us using the form at Contact Us, providing that your report does not obligate us to take any action or cause us to incur any liability.
Please contact us with any questions regarding these terms.
Your continued use of this site is dependant upon your agreement to the foregoing Terms and Conditions.
These terms apply to the Verification System provided by HitchPlanet Online. Registered users are bound to these terms, so please read them carefully. Getting verified constitutes acceptance of these terms. In addition your use of a HitchWhistler Membership Card is subject to our other relevant terms and conditions including:
1) Privacy Statement 2) Terms & Conditions.
Membership Cards are available from the HitchWhistler Web site. MINORS MAY NOT USE THIS SERVICE. You must be at least 19 years old to purchase a HitchWhistler Membership Card or get verified. By purchasing a Membership Card or getting verified, you represent that you are over 19. Membership Cards remain the property of HitchTofino and may not be sold, transferred or licensed. We reserve the right to expand or limit the availability of Member Cards or terminate the Membership Card program at any time.
The Membership Card and verification are non-transferable. Benefits and discounts may only be given upon presentation of a valid Membership Card to a third party. The Membership Card benefits have no cash value and are subject to change at any time. For a list of participating businesses check the Membership page of HitchTofino.
We ask users to verify identity through their postal address. We do not investigate any user’s reputation, conduct, morality, criminal background or any other information. You are responsible for exercising common sense when determining the suitability of other users of HitchTofino. We encourage you to communicate directly with potential Drivers or Hitchers through HitchTofino and take the same precautions you would when meeting a person for the first time. Be smart to be safe.
As our Site is a facilitator, in the event of a dispute between you and another user, you release us (and our affiliates) from claims, demands and damages (actual or consequential) of any kind and nature, know or unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes.
Information collected by HitchTofino during the Membership Card registration or Verification process will not be sold, shared or rented to others. Changes to the Membership Card / Verification will be communicated via our newsletter or email updates.
You are responsible for all activity associated with your Membership Card. If your Membership Card is lost or stolen notify HitchTofino by contacting us. Your Membership Card can be replaced but may be subject to an applicable Replacement Fee.
If your Membership Card is damaged through no fault on your part, upon delivery, we will replace it at no charge. In all other instances, an applicable Replacement Fee may apply.
If there is a dispute between you and any third party providing you food, beverage, merchandise or other benefits in connection with your Membership Card, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release HitchTofino from claims, demands and damages of any kind or nature arising out of, relating to or in any way connected with such dispute.
With the exception of third party disputes you can direct any questions, concerns or complaints relating to Membership Cards and Verification by emailing contact@hitchtofino.com
We shall not be liable for damages of any kind (including but not limited to direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to
a) the user or inability to use our Membership Card and Verification Service
b) the cost of replacement of any goods, services or information obtained as a result of use of the Membership Card and Verification Service
c) your or anyone else's conduct or acts in connection with the use of the Membership Card and Verification Service, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communication or third party services
d) any other matter arising from, relating to or connected with our services or these terms.
The Membership Card is provided on an "as is" and "as available" basis. You expressly agree that your use of the Membership Card is at your own risk. HitchPlanet Online makes no warranties of any kind, whether express or implied, relating to services available or these terms.
You agree to indemnify and hold harmless us from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of the Membership Card and Verification Service. If you are obligated to indemnify us, we will have the right, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
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