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TERMS OF USE
Revised September 25, 2024
Please read and ensure you understand all Terms and Conditions and respective Policies when accessing, utilizing, subscribing or purchasing from Viral Travel Deals/VTD (“Company” or “VTD”) or through viraltraveldeals.com or any of its associated or authorized sites or pages (“Site”). By continuing to access, utilizing, subscribing or purchasing through the Company and/or Site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must discontinue use of the site(s) immediately. We reserve the right to modify these Terms and Conditions and our Policies at our sole discretion. Upon material modification, the date of the most recent update will be noted on this page. It is your responsibility to check this site for changes to these Terms. Each access of information on this Site will be a separate, discrete transaction based on the then prevailing terms. Information communicated through the Site or other forms of electronic communication such as email are considered forms of electronic communication.
ACCESS AND USE
Our Site and products are intended to be utilized by adults. By accessing our Site or purchasing our products, you affirm that you are at least eighteen (18) years old or the legal age of majority in your state or province of residence, have read, understand and agree to these Terms and Conditions, and have the legal capacity to enter into a binding Agreement with VTD. VTD reserves the right to refuse service and/or cancel a purchase in our sole discretion.
To access the benefits of any purchase, you will be required to register for and/or create an account with VTD or our service provider. In doing so, you represent and warrant that the information provided is true and accurate, and that you are not representing another person/party or business you are not authorized to represent.
SERVICE INTERRUPTION
We make every reasonable effort to ensure maximum uptime and limit service interruptions, however we do not have control over third party networks and/or service providers which may be used to provide fulfillment on products and services, so you understand and agree that interruptions of the site may occur.
RIGHT TO MODIFY PRODUCTS AND SERVICES
We reserve the right to add, subtract or modify elements provided as part of your purchase or subscription, or to make modifications that may affect certain aspects of your purchase in the event such modification does not change the primary features and deliverables of the product(s) that you purchased and in the event we deem such modification will enhance our overall products/services delivered. You understand and agree that your purchase and/or subscription is not contingent on the future modification, added function or feature.
ELECTRONIC COMMUNICATIONS
By using the site, you agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Users are not required to opt in to any promotional message subscription in order to use or make a purchase from VTD. Promotional text messages are completely optional and not a requirement. As a user you will only receive promotional text messages if you opt in through online or application-based enrollment forms. Regardless of the opt in method utilized to opt in, you agree that these terms apply to your participation. Message and data rates may apply. Reply “STOP” to end and “HELP” for help. Users opting in must understand and agree that any other method of opting out, including but not limited to texting words other than those set forth above or verbally requesting VTD remove you from a list is not a reasonable means of opting out. By opting in, you agree to receive auto dialed or prerecorded messages at the phone number associated with your opt in. While you consent to receive messages sent using an autodialer, the foregoing shall in no way be interpreted to suggest or imply that any or all of our mobile messages are sent using an autodialer.
Due to the digital nature and communication related to our products, users are required to provide an email address in order to complete a purchase or gain access to portions to certain portions of the Site required for fulfillment or to access the full features of their purchase, and for communications related to your purchase and fulfillment on your purchase. Promotional emails are completely optional and are not a requirement. As a user, you will only receive promotional emails if you opt in through online or application-based enrollment forms. Regardless of the opt in method used to opt in, you agree that these terms apply to your participation. To unsubscribe from an email list to which you have subscribed, follow the unsubscribe link/instructions contained in the email.
Users who have opted in to receive communications or who have made a purchase may receive electronic communications and/or text messages and/or telephone calls as part of their purchase which are not considered to serve a ‘promotional’ purpose; such communications are for fulfillment related to a purchase.
USE RESTRICTIONS
All content contained on the Site and/or in our Programs (collectively, “Content “), such as text, graphics, logos, icons, images, audio and video content, digital downloads, data or software, is our property or property or our licensors/licensees; the compilation of which is our exclusive property and is protected by Canada, United States and international copyright laws, treaties and conventions. All software used on the Site or as part of our Programs is our property or the property of our software suppliers and protected by Canada, United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each a “Mark“) contained in our Content are proprietary to us or our licensors/licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear in the Site or Content are the property of their respective owners, who may or may not be affiliated with VTD.
We grant you a limited license to access and make personal use of the Site and/or our Program. Our Site, Content or any other website or application owned, operated, licensed, or controlled by us may not be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose.
The license granted to you does not include, and specifically excludes, any rights to resell or make any commercial use of our Site, Content or Programs, collect and use any product listings, descriptions, or prices, make any derivative use of the Site, Content or Programs, download or copy account information for the benefit of anyone else; or use any form of data mining or data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our (and each applicable owner’s) express written consent. Any unauthorized use automatically terminates any license granted to you hereunder.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
COPYRIGHT, LINKS AND CONTENT OWNERSHIP
The contents of this Site and any text, graphics, databases, HTML code or other intellectual property in our programs is protected by Canadian, US and International copyright laws. All rights reserved. Any custom work whether logos, graphics, icons or otherwise are registered trademarks. VTD does not grant you rights to use these trademarks for your own purposes. The placement of the VTD logo on any third-party site does not automatically imply our consent or endorsement.
Under no circumstances is VTD responsible for any content generated by users or affiliates using the tools or services available on the site. VTD bears no obligation to audit all content produced by its users or affiliates. Users and Affiliates are advised to consider the implications of their own production, as in case of any legal or judicial backlash the user would hold complete and sole liability.
VTD is not necessarily affiliated with any/all sites that may be linked, and therefore bears no responsibility for content located on third party sites. The sites are linked for the convenience of the User, and should be accessed at the User’s own risk. Any links or references to other websites, products, services or publications do not imply any endorsement or approval, other than its subsidiaries and affiliates. Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of VTD or other entities.
The display of trademarks on this Site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
USE AND PROTECTION OF ACCESS AND CREDENTIALS
Users of the Site or Programs may be assigned a username and password (“Credentials”) in order to access certain areas of the Site and/or your purchase. Assignment of Credentials deems User to be authorized to access the Site and/or Programs. User acknowledges and agrees that User is solely responsible for all access to and use of the Site and/or Programs, including any and all communications and transmissions, financial obligations and purchases made through the Site, by anyone using the Site and/or Programs using the Credentials assigned to you, whether or not such access or use was authorized by you, which results from such access or use. As the User, you are solely responsible for protecting the security and confidentiality of your Credentials, and shall immediately notify VTD of any unauthorized use or disclosure, breach or threatened breach of the security to the Site and/or Programs which you are or become aware of. In short, YOU are responsible for any and all activity conducted using your Credentials.
REQUIREMENTS FOR USE
Access to the Site may require internet access, audio/video software or a compatible player or device (“Systems”). Such Systems may require you to obtain updates/upgrades periodically in order to continue effective use. Your ability to access or use the Site and/or Programs may be affected by the performance of such Systems. Taking full advantage of the features of your program may require you to possess a valid identification and/or passport, or have the ability to obtain one. Travel to certain geographical areas, airlines, hotels, cruise or other travel or hospitality providers may also have additional requirements related to utilization of their service(s) or location(s) – you and you alone bear any responsibility or costs associated with meeting such requirements.
USER GENERATED CONTENT
By submitting content to VTD via email, social media postings or otherwise, including any reviews related to your purchase such as travel or property reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively "Submissions"), you:
You also acknowledge and agree that VTD and our partners or affiliates may choose to use the name that you submit with such Submission to attribute your Submissions (for example, listing your first name and hometown on a review that you submit) at our discretion in a non-identifiable format. Such Submissions may also be shared with our fulfillment company and/or respective travel provider or venue. Submissions are non-confidential and non-proprietary.
If possible, you expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions. You agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by our VTD or our partners or affiliates.
You are fully responsible for the content of your Submissions. You must not post or transmit and agree that any Submissions you make do not contain any content that:
You will be solely liable for any damages resulting from not complying with the rules above, or any other harm resulting from your posting or submissions to VTD. We may exercise our rights (for example: to use, publish, display, delete, etc.) to any Submissions without notice to you. We claim no ownership or endorsement of, or affiliation with, any Submissions made by you.
DISCLAIMER OF WARRANTIES
Unless otherwise expressly stated, VTD Site, Products, Content, Programs and Services or features made available in conjunction with or through the same are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, VTD and its affiliates disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy and reliability.
LIABILITY
By using or purchasing from VTD, you acknowledge and agree that VTD acts solely as an intermediary between you and various third-party travel vendors, such as airlines, hotels, car rental agencies, and other travel-related services (collectively referred to as "Vendors"). VTD does not own, operate, or control any of these Vendors or the services they provide. To the fullest extent permitted by law, VTD shall not be liable for any losses, damages, injuries, delays, cancellations, or other issues arising from your use of services provided by these Vendors, including but not limited to:
You assume all risks associated with your travel and agree that any disputes, claims, or actions arising from your travel experience must be directed toward the Vendor(s) providing the services. Under no circumstances will VTD be held responsible for any act, omission, or negligence of any Vendor or third-party provider. In no event shall VTD be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or lost funds, even if we have been advised of the possibility of such damages.
GOVERNING LAW AND VENUE
These Terms and Conditions of Use, and any Agreement entered into between you and VTD, and any issue or dispute arising out of or otherwise related to said Terms or Agreement shall be governed and construed exclusively by the laws of British Columbia, Canada, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws. The parties agree any such claim or dispute shall be exclusively brought in and decided by the provincial or federal courts located in Vancouver, British Columbia, Canada, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
ARBITRATION
If you have a complaint or dispute, you agree to first contact us at support@viraltraveldeals.com to attempt to resolve such complaint or dispute. Any controversy or claim arising related to the use of the Site, Content, Programs, these Terms and Conditions of Use or your Agreement or your relationship with VTD which cannot be resolved through such communications or negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the ADR Institute of Canada (“ADRIC”) and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in the Indemnification clause below. The arbitration will be conducted by a single neutral arbitrator in Vancouver, British Columbia, Canada, unless both parties agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the ADRIC. The arbitration will be conducted in accordance with the provisions of the ADRIC’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement, this arbitration provision, and any other terms incorporated by reference into the Terms of this Agreement. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or VTD. The arbitrator shall follow the substantive law of Vancouver, British Columbia, Canada without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Canadian Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Both parties agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. Both parties expressly waive any right to pursue any class or other representative action against each other
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within one (1) year after the claim arises (such period includes the one hundred and twenty (120) day informal resolution procedures described above). This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Canadian Arbitration Act. Payment of all filing, administration, and arbitrator fees will be governed by the ADRIC’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding arbitration. You acknowledge and agree that you are waiving your right to trial by jury, and agree to have any claims decided individually and only through final, confidential and binding arbitration in accordance with this provision.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless VTD, its managers, officers, employees, independent contractors, subcontractors, suppliers, affiliates, parent and/or sister companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Site, software, products, or services, (2) information you submit or transmit through the Site, (3) your breach of these Terms of this Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
THIRD PARTY (VENDOR) CONTENT, SITES AND PURCHASES
VTD may provide access to third-party content, websites, and purchases through links or other methods on our platform. While we may make these third-party services available for your convenience, you acknowledge and agree that:
VTD shall not be held liable for any actions, omissions, or policies of these third-party providers, including but not limited to the handling of your personal data, security practices, or the fulfillment of services purchased through their platforms.
ASSIGNMENT
VTD may assign its rights under this Agreement at any time, and without notice to you. Your rights under this agreement may not be assigned without our express written consent.
FORCE MAJEURE
VTD shall not be responsible for any delay, damage or failure caused by any act of nature or other causes beyond our reasonable control.
SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
OBLIGATION TO PURCHASE
The information provided through this Site is designed to be informational. Recommendations may be provided for consideration; however you are under NO OBLIGATION to purchase any products or services. Any and all decisions to utilize such recommendations, or purchase any product(s) should be made by you, and based on your own due diligence.
DISCLAIMERS
All information (including but not limited to advertisements, this website, sales and marketing materials, content) is designed for informational purposes only. VTD makes no guarantees or representations, express or implied, and disclaims all warranties and liability for damage or loss incurred as a consequence of participation, whether directly or indirectly, of this. Furthermore, VTD makes no endorsement or representations as to the truthfulness, reliability or accuracy of any information offered or referred by any third party.
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