PLEASE READ THIS PAGE CAREFULLY. By using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. If you do not accept the terms stated here, do not use the Website. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Website.
Your right to use the Website will terminate immediately, without any further action by travel advisors represented on MagicalTrips.ca, if you breach any terms of this Agreement. Magical Trips Inc. may terminate your use of the Website at any time, with or without reason.
The Website is a venue with the sole purpose of offering information on vacations world wide. Our mission is to provide valuable information to users; however, there may be content provided or generated by third parties that is incorrect. The Website may contain inaccuracies or typographical errors. Information may have been obtained from third party sources such as merchants, newspapers, magazines, and other publications and information sources.
Advertisements and other information on the Website has been obtained from merchants and other third party sources. We do not have control over the sale or offer of the goods or services published on the Website, and are not an advertising or other agency, merchant of goods or services, broker, dealer, sales representative, middleman or other intermediary. Any offers, sales or purchases you make with another person or entity, or decisions you make facilitated through the Website are strictly on your own. The publication on the Website of any advertisement or content does not constitute or imply an endorsement or recommendation by travel advisors represented on MagicalTrips.ca or an assurance of legality, quality or safety by travel advisors represented on MagicalTrips.ca. The travel advisors represented on MagicalTrips.ca shall not be responsible for any offer, sale, purchase or other transaction made, content posted, or other communications made by anyone posting advertisements or other information or offering goods or services on the Website. Any goods or services purchased by users are purchased directly from the respective merchant and that merchant is solely responsible to the user for every aspect of such purchase.
THE USE, POSTING, DISTRIBUTION, OR PUBLICATION OF ANY CONTENT OR INFORMATION DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT, RECOMMENDATION, ADVICE, OPINION OR COMMENT BY DWT NOR AN ASSURANCE OF LEGALITY, QUALITY OR SAFETY BY DWT. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THE TRUTHFULNESS OR ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE WEBSITE.
The Website is for use by adults only. By using the Website you represent that you are eighteen (18) years of age and older.
Copyright, Trademark and Other Restrictions
The Website and its contents (including text, graphics, images and other materials), and the hypertext markup language (HTML), scripts, active server pages (ASP), or other content or software used in the Website (collectively, the "Material"), are protected by copyright under Canadian and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may view and download a single copy of content on the Website solely for lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by travel advisors represented on MagicalTrips.ca. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
Magical Trips™ logo and other marks are tradenames and trademarks of JMagical Trips Inc. Magical Trips Inc. tradenames and trademarks may not be used by the user in connection with any product or service that is not offered by Magical Trips Inc. in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits Magical Trips Inc. Other trademarks, product names and company names or logos used on the Website are the property of their respective owners.
Any testimonials, information, materials, suggestions, ideas or comments that you post or send to the Website will be deemed non-confidential. By submitting any such information, you are granting the travel advisors represented on MagicalTrips.ca an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever.
You may not use the Website or the Material in any manner, or post any content, that: violates this Agreement, infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, or violates applicable laws, including without limitation, consumer protection and trade laws and regulations.
Except as specifically authorized in advance by Jaime Murphy Travel Professionals International, users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website.
Disclaimers and Limitations
The website and the material are provided on an 'as is' and 'as available' basis without any warranties of any kind. To the fullest extent permitted by law, the travel advisors represented on MagicalTrips.ca. disclaims all warranties, including the warranty of merchantability, non- infringement or third party rights, and the warranty of fitness for a particular purpose. The travel advisors represented on MagicalTrips.ca makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the material, content, services and links.
The Website may provide links to a external Web sites. Any Web site you may access through the Website is independent, and DWT has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Web site. You need to make your own independent decisions regarding your interactions or communications with any other Web site.
In no event shall travel advisors represented on MagicalTrips.ca, its affiliates, agents, suppliers, partners and their respective officers, directors, employees, contractors and agents (in each case, a "Released Party") be liable for any damages whatsoever (including without limitation, direct, indirect, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not such Released Party is advised of the possibility of such damages. In no event shall any Released Party be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on this Website or the information contained herein. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Website exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.
Indemnity and Release
As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys' fees and costs.
If you have a dispute involving the Website with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."