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Terms and Conditions of Use

Canadian North Inc. and Bradley Air Services Limited (“Canadian North”, “we”, “us” , “our”) thanks you (“you”, “your”) for using our website, https://canadiannorth.com/ , as well as any other websites that are owned and operated by us (collectively, the “Website”). This document sets out the terms and conditions (the “Agreement”) under which Canadian North allows you to use our Website to find out about us and our services or to carry out booking of travel services and other activities using the Website.

Acceptance of the Agreement

This Agreement governs your use of the Website. Please review this Agreement carefully before using the Website. Each time you access or use the Website, you are entering into a contract with us, and you agree to be bound by this Agreement. If you do not agree to be bound by and comply with this Agreement, please do not access or use the Website.

We also reserve the right to deny you access to or use of our Website if we have reason to believe that you do not comply with this Agreement.

Changes to the Agreement

Canadian North reserves the right to change this Agreement at any time. We will notify you of any changes by posting an updated/modified version of the Agreement on this Website. Please make note of the “last updated date” at the beginning of the Agreement. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement. If you use the Website after we make the changes, it means you have accepted the changes and that you agree to be bound by the Agreement as modified.

Canadian North also reserves the right to discontinue, either temporarily or permanently, the Website including any products, goods or services contained or referenced in this Website, with or without notice and without any liability.

Representations and Warranties

By accessing or using the Website, you represent and warrant to us that you:

  • are at least 18 years of age, and have the legal capacity to enter into this Agreement;
  • by purchasing any products, goods or services contained on the Website, you are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
  • consent, and (where applicable) you have obtained all necessary approvals, consents and authorizations from any third party, to submit information to us, including personal information and to delete or modify such information and all information submitted is true, accurate and complete;
  • accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of our Website under your name or account, as well as all use of others using your name or account on our Website; and
  • agree to supervise all persons who are not of the age of majority in your jurisdiction that access or use the Website under your name or that use your name or account. 

Compliance with rules and regulations

You agree you will follow all the rules and regulations set by Canadian North from time to time. Those rules and regulations are currently as set out in this Agreement, as well as in all applicable tariffs filed by Canadian North. These rules and regulations apply to the use of the Website and will apply to you.

Evidence

A printed version of this Agreement and of any notice given in electronic form will be accepted as conclusive evidence and admissible in any adjudicatory proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimers and warranties

Canadian North does not warrant that this website will operate error-free or that it and its server or servers are or will be free of computer viruses, trojan horses, or other harmful content, devices or programs. This website and its content and material, and access to the data, are all provided on an “as is, where is”, and “as and when available” basis without any representations, guarantees, conditions or warranties of any kind. Any information, software, goods, products, services, material or other content found or offered on or provided or accessible or obtained/obtainable from the website (“Canadian North Content”) may contain errors and/or omissions, may have become out of date, and may be modified from time to time by Canadian North and/or its suppliers, agents and contractors. 

To the fullest extent permitted by law, Canadian North disclaims any and all conditions and warranties, whether express or implied, including the condition or warranty of merchantability and the condition or warranty of fitness for any particular purpose.

Canadian North makes no warranty or representation of non-infringement. Canadian North further makes no warranties or representations concerning the accuracy, reliability, completeness, or timeliness of the data accessed by use of the website. 

While Canadian North strives to ensure the information on the website is accurate and current, we make no representations to you about the accuracy of the information contained on the website, or reliability of the services provided herein. 

In no event shall Canadian North or its suppliers, agents and contractors be liable for any direct, indirect, punitive, incidental, special, economic, exemplary or consequential damages arising out of, or in any way connected with, the use of, the delay or the inability to use, the website or any Canadian North Content, including, but not limited to, any damages caused by any failure to perform, error, omission, interruption, deletion, defect, delay in operation or transmission, non-delivery of notifications, email or text messages that are lost, intercepted, reviewed or altered by others, text messages sent to a valid phone number that you provided to us but which is not owned or no longer owned by you, computer virus and other damage to your mobile device, computers, computer networks or other property, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record or data or information or programs, whether such damages or injuries are based in contract, tort (including negligence), strict liability, or otherwise, even if Canadian North or its suppliers, agents and contractors have been advised of the possibility of such damages. To the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages, this particular limitation or exclusion may not apply to you.

Limitations of Use

You may not access or use this Website for any purpose that is unlawful or that is prohibited by this Agreement. You may only access or use the Website to determine the availability of and to purchase products, goods and services offered on the Website. Use of the Website for any other purpose, including any commercial use or purpose, is expressly prohibited.

In addition to the foregoing, you also agree that, in accessing or using the Website, you will not commit or participate in any of the following acts or actions, each of which is expressly prohibited under this Agreement:

  • directly or indirectly, access, use, encourage, solicit, permit, facilitate, aid, assist, or abet or participate in, including, but not limited to, the selling, licensing, distribution or provision to any entity or person by any means whatsoever that allow, the access, use, or agree to provide the access or use, of the Website through any manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web “bots”, deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or that is afterwards discovered, that performs the same or a similar function, in order to, without limitation: “data mine”; “screen scrape”; data process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion or content of the Website;
  • unless expressly provided for in this Agreement, create any derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filer or change of the order of any information, products, goods, services, and software contained or offered on, or obtainable by, through or from the Website. Without limiting the generality of the foregoing, you also agree not to cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of the Website;
  • access or use the Website in such manner, or otherwise take any action, that burdens our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of the Website, that otherwise interferes with the normal functioning of the Website or otherwise abuses or overuses the Website;
  • circumvent, or attempt to circumvent, any measures or precautions taken by Canadian North to prevent the use or access of the Website, or any other action, in violation of this Agreement;
  • access the Website to make any speculative, fraudulent, or false reservation, or any reservation in anticipation of demand. Canadian North reserves the right to cancel any and all such prohibited reservations without notice and without liability; or
  • engage in any other conduct or activity that either conflicts with this Agreement or that Canadian North deems, in its sole, absolute and unrestricted discretion, to be in conflict with this Agreement.
  • impersonating another person and / or employing misleading email addresses, or forged headers or otherwise manipulating identifiers in order to disguise the origin of the content transmitted through the Website.

Indemnity

As a condition of you accessing or using the Website, you agree to defend, indemnify and hold harmless Canadian North, its affiliates and their respective directors, officers, employees, agents, and licensees from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from or otherwise connected with: (a) Canadian North Content;(b) any information, including personal information you supply to us either on your behalf, or on behalf of a third party; (c) your use of the Website; or (d) breach of this Agreement by you. 

Proprietary rights and Grant of Limited License

You acknowledge that all software utilized in connection with this Website is protected by intellectual property. Canadian North grants you a non-exclusive, limited, non-transferable and personal, royalty-free license to access the Website. Unless otherwise indicated, the Website, Canadian North Content, including images, designs, contents, video clips, articles, etc. that are part of the Website are intellectual property owned, controlled or licensed by Canadian North and are protected by intellectual property laws. You are not permitted to use the same. You cannot link, make reference to, use, reproduce, republish or re-disseminate any content on our Website including any of Canadian North’s icons, logos, or trademarks without our prior written consent.

We may make certain records, documents, data and information related to travel arrangements and bookings (“Data”) available to you for download from the Website. Any and all such Data is the copyrighted work of and owned by Canadian North and/or its suppliers. Canadian North grants you a non-exclusive, limited and revocable license to download and view the Data and Canadian North Content available on the Website, for the purposes stated in this Agreement and for no other purposes.

Withdrawal of access to the Website & Termination

 You agree that Canadian North in its absolute discretion, will be the sole judge of whether you have breached any provision of this Agreement and that any privileges or permission granted to you as an individual under this Agreement may be revoked, suspended or terminated by Canadian North at any time without notice.

Canadian North may terminate this Agreement at any time without notice to you in its sole and absolute discretion.

Privacy

Canadian North collects, uses, stores and processes your personal information in accordance with the Privacy Policy.

Third Party Sites

You agree that Canadian North has no control over the content or performance of any website linked to or from this Website, that Canadian North expresses no opinion concerning the content or performance of any such website, and that Canadian North shall in no event be held liable or responsible for the content of any such website. These third-party websites and content are not maintained, operated or controlled by Canadian North and Canadian North does not provide any guarantees regarding these third-party websites. You assume sole liability for the access or use of such third-party websites and content.

Feedback you provide to Canadian North

Any feedback you provide to us as questions, comments and suggestions regarding our products, goods or services or the content on the Website is considered non-confidential. You hereby acknowledge that we have no obligation to you regarding such information and we can reproduce, use, disclose and distribute the information free of charge and without your permission, in accordance with our Privacy Policy. We are free to use any ideas, inventions, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing and marketing products, goods and services incorporating such information.

Governing Law

This Agreement shall be governed by the law applicable in Ontario, Canada, without regard to principles of conflicts of law. To the extent allowed by applicable law, any dispute shall be finally settled using binding, confidential, arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The seat or place of the arbitration shall be Ontario, Canada. Any hearings may be held by videoconference at the election of Canadian North. Nothing in this clause shall prevent Canadian North from seeking injunctive relief from courts in any jurisdiction subject to any such actions only seeking, and being limited to claims for, injunctive relief, or being in aid of an arbitrator’s award.

Entire Agreement

Subject to any other applicable agreement you may have entered into with us, this Agreement and any other notices or statements posted on the Website constitute the entire agreement between you and Canadian North with respect to the use of the Website, including the Canadian North Content and this Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Canadian North with respect to the Website and Canadian North Content.

Waiver

Any delay, omission or failure by Canadian North to exercise any of its rights, powers or remedies under this Agreement does not constitute a waiver by Canadian North of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent us from subsequently exercising any other right, power or remedy. Canadian North may assert at any time or against any person any such rights, powers or remedies.

Severability

If any provision of this Agreement is deemed to be invalid, unlawful or for any reason unenforceable, then such provision shall be severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Additional Terms and Conditions

You acknowledge and agree that products, goods and services contained on, referenced or described in or obtained or obtainable through the Website, whether such products, goods or services are those of Canadian North or of any third party, are subject to additional terms and conditions including, but not limited to, terms and conditions respecting payment of amounts due and availability of fares, products, goods or services, and you agree to abide by all such terms and conditions.