Last Updated: March, 2024
The following terms and conditions (“Terms and Conditions”, “Terms”) apply to your use of this website (“Website”) and/or purchase of products (“Product”) and/or services (“Service”) from 1000124058 ONTARIO INC. (“Company”, “Algonquin & Beyond”).
Throughout the site, the terms “we”, “us” and “our” refer to Algonquin & Beyond. Algonquin & Beyond offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services.
1. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is processed via Stripe and is never stored on our website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, including any and all photography and images used throughout the website, without express written permission by us.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
For international users, the content on this Website can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Algonquin & Beyond intends to announce such services or content in your country. The content on this Website is controlled and offered by Algonquin & Beyond from its facilities in Canada. Algonquin & Beyond makes no representations that the content on this Website are appropriate or available for use in other locations. Those who access or use this Website from other countries do so at their own volition and are responsible for compliance with local law.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3. PRODUCTS OR SERVICES
The online store uses a third party integration with Printful for product fulfillment, ordering, and shipping. Algonquin & Beyond does not manage the sourcing of products, or any inventory, warehousing, order fulfillment, or shipping.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the Return Policy from Printful.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to modify or discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website.
4. SUBMITTED CONTENT, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
When you upload any Content to the Service, you grant us a worldwide, non-exclusive, permanent, irrevocable, royalty-free license to reproduce, adapt and modify, distribute, publicly display, make available, store and archive and otherwise use such Content (in whole or in part) on and through the Service.
You acknowledge and confirm that your Content will be made available to the public on and through the Service without providing you attribution or compensation. Compensation may be provided for certain Content, including but not limited to Guest Submission Campsite Reports. Submitting Content does not guarantee that compensation will be provided. If the Content qualifies for compensation, and compensation is provided, you acknowledge that ownership of the Content transfers to Algonquin & Beyond and that you waive all rights to ownership and copyright of the Content. You also agree to waive your moral rights as an author under copyright law in the submitted content.
You may not upload, post or transmit any Content that: i) Infringes any third party’s copyrights or other intellectual property rights, contract rights or any other rights of any person; ii) Contains any pornographic, racist, defamatory, libelous or otherwise immoral, vulgar or obscene content; iii) Depicts unlawful or violent, hateful or threatening or otherwise inappropriate acts; iv) Offends, defames, harasses or otherwise damages Algonquin & Beyond or any third party; v) Violates any law, statute, or regulation.
We reserve the right to remove any Content that you submit, and to remove or edit the Content at any time if we believe it’s defective, of poor quality, in violation of these Terms, or for any other reason deemed appropriate.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) Algonquin & Beyond will not need to obtain licenses from any third party or pay a compensation or royalties to any third party with respect to the Content; (iii) your Content does not infringe any third party rights (including in particular copyrights, neighboring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights), and (iv) your Content complies with these Terms and all applicable laws.
When you upload any Content to the Service you also authorize us under your copyrights to enforce any violations of the sublicense we grant in the Content to others. In other words, Algonquin & Beyond is entitled to take appropriate measures to pursue the rights granted to us hereunder.
You may use your Content that has been uploaded to the Website for purposes outside of the Website, however no part of Algonquin & Beyond including logos, names, or other intellectual property may be used outside of the Website. For example, you may use your Content on your own website but you may not use any Content from Algonquin & Beyond that you did not upload yourself. Uploading content to Algonquin & Beyond does not grant you the right to use any content from the Website that you do not already own the copyright for.
Your Content is not considered to be confidential. You agree not to submit any content in which you have any expectation of absolute privacy. Notwithstanding anything else set forth herein, you agree to indemnify Algonquin & Beyond and its affiliates for all claims arising from or in connection with any claims to any rights in your Content or any damages arising from your Content.
5. LICENSE
This Website contains or embodies copyrighted material, proprietary material or other intellectual property of Algonquin & Beyond or its licensors. All right, title and ownership remain with Algonquin & Beyond or its licensors, as applicable. The rights to view and use the content on this Website is licensed to you and is not being sold to you, and you have no rights in them other than to use them in accordance with these Terms.
You agree that you will not and you will not assist or permit any third party to: (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the content on this Website in any way, or create derivative works of the content on this Website; (b) use the content on this Website to create any tool or software product that can be used to create software applications of any nature whatsoever; (c) rent, lease, loan, make available to the public, sell or distribute the content of this Website in whole or in part; (d) tamper with the content of this Website or circumvent any technology used by Algonquin & Beyond or its licensors to protect any content accessible through the Website (e) circumvent any territorial restrictions applied to the content on this Website; or (f) use the content on this Website for any commercial purpose without the express written consent of Algonquin & Beyond. Except as expressly set forth in these Terms, you may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, or data from this Website.
6. OWNERSHIP
All content and materials, including software, text, files, photographs, trail maps, widgets, and other content, whether downloaded or not, contained on this Website are owned by Algonquin & Beyond (or our affiliates and/or licensors, where applicable), unless indicated otherwise. You agree and acknowledge that you shall not acquire any ownership rights to any content on this Website. The content on this Website may not be used except as provided for in these Terms.
The content on this Website are not intended for your commercial use. You must not use any content from this Website for any commercial purposes without obtaining a written license to do so from us. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Website and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
7. CONTENT COPYRIGHT
All materials (including software and content whether downloaded or not) contained on Algonquin & Beyond are copyright of 1000124058 Ontario Inc. O/A Algonquin & Beyond, unless indicated otherwise. You agree and acknowledge that you shall not acquire any ownership rights in or to such materials. The materials may not be used except as outlined in these Terms.
You may not use any Content, Data, or Code from the Website without obtaining a written license to do so. Website Content may not be downloaded, copied, modified, transferred, distributed, published, sold, created as derivatives, or transmitted in any way, without prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Website and may subject you to legal liability.
8. RESTRICTIONS ON USE OF THE SERVICE AND CONTENT
You represent and warrant to Algonquin & Beyond that by using the Service you will NOT: i) Impersonate any other person on the Services, e.g. a representative of Algonquin & Beyond or any other person responsible for the Services, or impersonate any non-existent relationship with such persons; ii) Send any data or store any data on a Algonquin & Beyond data carrier which, by its nature or nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of the Services and the Algonquin & Beyond data network; iii) Make any electronic attacks of any kind on the Service or network; in particular, the use of computer programs to automatically read out data such as robots, spiders, etc. is prohibited; iv) Use or exploit any metatags or other hidden texts containing the name or trademark of Algonquin & Beyond; v) Copy the look and feel of the Website.
9. PAYMENTS
Payment processing for the Products will be performed by one of Algonquin & Beyond’s third-party payment processors (such processors collectively, “Payment Processor”). Your use of the payment processing provided by the Payment Processor may be subject to additional terms, as provided by the Payment Processor processing your respective transaction and as may be modified by such Payment Processor from time to time (collectively, the “Payment Processor Agreement”). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information in connection with such payment processing, and you authorize us to share this information with the Payment Processor and to charge your Payment Method for all amounts that may become due under this Agreement. All bank, credit card, debit card or other payment information is sent directly to and stored by the Payment Processor using its security protocols. Algonquin & Beyond does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to purchase a Membership (as defined below), or you may have your use of the Website suspended or terminated.
10. MEMBERSHIPS AND SUBSCRIPTIONS
Certain content on the Website is restricted to users with a Membership. A Membership is not required to view the Website; however, it may be required to view certain content on the Website. The Website may be viewed in one of three ways: 1) without any Membership, 2) with a Free Membership, 3) with a paid Membership. The paid Membership is subscription-based and provides full access to all content on the Website.
Paid Memberships are available either as an Annual Membership, or a Lifetime Membership. Once a Membership is purchased, whether it is an Annual Membership or a Lifetime Membership, there are no refunds or money-back guarantees. All sales are final.
Annual Memberships are paid for by an upfront one-time payment and the Membership term will end after the period indicated when you purchased the Membership. Annual Memberships are subject to automatic renewal terms.
Lifetime Memberships are paid for by an upfront one-time payment and the Membership term will not have an end date. Lifetime Memberships are not subject to renewal.
You may cancel your Membership at any time prior to the Renewal Commencement Date in your Member Account on the Algonquin & Beyond Website. Memberships may also be cancelled by emailing info@algonquinbeyond.com; note that cancellation requests made by email may not be received immediately and therefore the Membership may not be cancelled immediately. Cancellation requests sent by email will receive a confirmation of cancellation; if you do not receive a confirmation of cancellation, that means the cancellation was not processed.
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Membership options. Your continued use of the Website after the price change becomes effective constitutes your agreement to pay the changed amount. Any changes in our fees and charges will not affect any ongoing Membership until the next Renewal Commencement Date. If you do not agree to the change, you may cancel your Membership on your Membership Account page or by emailing info@algonquinbeyond.com.
You are responsible for all applicable fees and charged incurred by your Membership, including applicable taxes and all Memberships purchased by you. The GST/HST Number for 1000124058 Ontario Inc. O/A Algonquin & Beyond is 74450 8904 RT0001.
The Payment Processor may receive and implement updated credit card or debit card information from your credit card issuer in order to prevent your Membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to the Payment Processor at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card or debit card issuer.
Our obligation to provide any Membership-restricted content on the Website that you have ordered through the Website pursuant to a Membership only comes into being when we have confirmed your purchase. We shall confirm your Membership and send you an email to confirm your access to the Membership purchased.
You are responsible for maintaining the confidentiality of your account, password and other user information and for restricting access to your device to further help protect such information. Algonquin & Beyond will not be liable for any loss or damage arising from your failure to comply maintaining the confidentiality of your account.
Members must be 18 years of age, or the age of majority in your province, territory or country. Individuals under the age of 18, or the applicable age of majority, may utilize the Website only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
Prices are in Canadian Dollars unless otherwise states. Applicable taxes may be additional. The GST/HST Number for 1000124058 Ontario Inc. O/A Algonquin & Beyond is 74450 8904 RT0001. You agree not to hold Algonquin & Beyond responsible for any banking charges or other fees incurred due to payments on your Membership.
The fee for a Membership is billed at the start of the Initial Term and subject to automatic renewal. By providing our Payment Processor with your Payment Method, you acknowledge and agree that our Payment Processor is authorized to charge your Payment Method for all charges due and payable under your Membership, including: i) Fees for the Initial Term at the rate secured at the time of purchase; ii) Fees for any Membership term after the Initial Term (each, a “Renewal Term”). After your Initial Term, and again after any subsequent Renewal Term, your Membership will automatically renew and continue for an additional equivalent period at Algonquin & Beyond’s then-current price for such Membership. You acknowledge and agree that you may be subject to this automatic renewal feature unless you cancel your Membership prior to the Renewal Commencement Date. If you do not cancel your Membership before the Renewal Commencement Date, your Payment Method will be charged for a Membership for the Renewal Term. Refunds cannot be claimed for any Memberships that have been purchased. All sales are final.
Free Trials and Other Promotions. Certain Membership offerings may be available on a free trial or other promotional basis (a “Promotional Offer”). Unless otherwise expressly set forth, your use of any such Membership will expire at the end of the Promotional Offer period, and any further use of such of the Membership is prohibited unless you purchase a Membership. To the extent expressly indicated at the time of signing up for a Promotional Offer, your Promotional Offer may automatically convert to a paid Membership and your Payment Method will be charged for the applicable Membership at the expiration of your Promotional Offer unless you cancel the Membership before the Promotional Offer ends. If you fail to cancel the Membership before the Promotional Offer ends, you will be responsible for payment for the full term of the Membership period. Unless otherwise expressly stated, any Promotional Offer must be used within the specified time of such promotion. Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Website, except where expressly stated otherwise. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the Initial Term, and any renewals will be charged at the rate in effect at the time of renewal for the type of Membership purchased.
Memberships are not transferable and cannot be sold, exchanged or transferred in any way. The Content made available to Members may not be shared anywhere outside of the Website. Memberships accounts cannot be shared and cannot be used by more than one person. You agree that Algonquin & Beyond, in its sole discretion, may suspend or terminate your Membership, for any reason, including, without limitation, as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. Algonquin & Beyond may also in its sole discretion and at any time discontinue providing Memberships and access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of these Terms may be affected without prior notice, and acknowledge and agree that Algonquin & Beyond may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Algonquin & Beyond will not be liable to you or any third party for any termination of your access to the Website. A breach of these Terms, includes without limitation, the unauthorized copying or downloading of any content from the Website.
MEMBERSHIPS ARE ONLY MADE AVAILABLE THROUGH THE ALGONQUIN & BEYOND WEBSITE. ANY OTHER WEBSITE, PRODUCT, SERVICE, OR APP DOES NOT HAVE THE AUTHORITY TO SELL MEMBERSHIPS AND ANY MEMBERSHIPS PURCHASED OUTSIDE OF ALGONQUINBEYOND.COM WILL NOT BE VALID.
11. NOTICE OF INFRINGEMENTS
Please let us know if you believe that any Content made available on and via the Service contains a violation of the law. The message can be sent by e-mail to the address info@algonquinbeyond.com.
If you as the copyright owner or as its representative believe that your copyrights are infringed by the Content of users stored, published or transmitted on the Website, please notify us by e-mail to info@algonquinbeyond.com including the following information: i) A description of the rights you consider to have been infringed; ii) A statement of the content you believe infringes your rights, preferably including a URL, and the part of the content you believe infringes the law; iii) Your address, telephone number and email address to contact you; iv) A statement by you that, to the best of your knowledge and in good faith, you believe that the use in question has not been approved or is not authorized by the rightsholder or its agent.
12. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Algonquin & Beyond be liable for any injury, loss, death, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Algonquin & Beyond and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
18. GOVERNING LAW
These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision.
19. CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
20. CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at info@algonquinbeyond.com.
