Last updated April 16, 2015
This website, Pesqa.com, and any related web sites contained herein (collectively, the “Website” or the "Site") make available to the Users of the Site, travel information, engaging in interactive travel forums, and searching for travel reservations. This Site, including the services and/or the products offered therein, is owned and operated by Pesqa Fishing Tourism, Inc., (“Owner”) and all rights therein are reserved by Owner. Your right to use the Site and obtain the services offered herein, is expressly conditioned on the user's ("User('s)" or "You(r)") acceptance of the terms and conditions and notices, set forth herein, and on other pages of the Site (collectively the "Terms").
BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE, OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, PROVISIONS AND NOTICES IN THIS SITE ("AGREEMENT"), WITHOUT MODIFICATION, AND YOU AGREE TO MAKE ALL APPROPRIATE PAYMENTS IN THE EVENT THAT SERVICES OR PRODUCTS ARE PURCHASED.
AGREEMENT BETWEEN CUSTOMER AND PESQA FISHING TOURISM, INC.
The terms “we”, “us”, “our”, and “Pesqa” refer to Pesqa Fishing Tourism, Inc., whose principal place of business is at 2298 Bowker Avenue, Victoria, B.C., Canada. References to “User”, “you”, “your”, and “Consumer” refers to the customer who visits www.pesqa.com or books a reservation on This Website.
NO REPRESENTATIONS AND WARRANTIES
You are using this Website at your own risk. We are not warranting the accuracy of anything found on this Website, and content can be inaccurate, incomplete, or out of date. We try our best to provide accurate information, but this Website is intended to be for general reference and informational purposes only. Your only legal remedy is to stop using this Website and nothing else. You specifically agree that we are not legally liable to you for any use you make of this Website.
The information that we disclose is based on the information provided to us by Provider(s). Provider(s) are fully responsible for providing all rates and other information which is displayed on our Website. While we try to do our best, we cannot guarantee that, all information is accurate, complete or correct, and you agree that we are not responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of This Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each individual Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on This Website. This Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any services made available by Providers. Obvious errors and mistakes (including misprints) are not binding. You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on This Website for any commercial or competitive activity or purpose.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Pesqa and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Pesqa may choose to provide attribution of your comments or reviews at our discretion. You further grant Pesqa the right to pursue at law any person or entity that violates your or Pesqa’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Pesqa does not edit or control the User Messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. Pesqa nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website ("Interactive Areas"). If Pesqa provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Pesqa or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Pesqa, and its licensees, successors and assigns, from any claims that you could otherwise assert against Pesqa by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
All prices will be quoted in USD, otherwise specified.
PRIVACY AND COOKIES
Pesqa is not a travel agency and does not provide or own transportation services or accommodations. Although Pesqa displays information about properties owned by third-party suppliers and may facilitate reservations with certain suppliers on Instant Booking and affiliate sites, such actions do not in any way imply, suggest, or constitute Pesqa’s sponsorship or approval of third-party suppliers, or any affiliation between Pesqa and third-party suppliers. Although Pesqa members may rate and review particular properties based on their own experiences, Pesqa does not endorse or recommend the products or services of any third-party suppliers. You agree that Pesqa is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites or apps.
This Website may link you to supplier sites or other websites that Pesqa does not operate or control. For further information, please refer to the "Links to Third-Party Sites" section below.
International Travel. When you book international travel reservations with third-party suppliers or plan international trips using this Website, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Pesqa accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Pesqa urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the Canadian Government, local government, and destination country governments prior to booking travel to international destinations. BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, Pesqa DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, the software required for our services or available at or used by our Website and the intellectual property rights (including the copyrights) of the contents and information of and material on our Website are owned by Pesqa, its suppliers or Provider(s).
Pesqa exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) This Website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in This Website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Pesqa. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
You understand that you are personally responsible for your behaviour while using This Website and Sites and agree to indemnify and hold Pesqa and its licensees, respective offices, directors, employees, agents, successors and assigns harmless from and against any loss, damage, liability, cost or expense of any kind (including legal fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of This Website including posting of any content or access to the sites, or your violation of either these Terms and Conditions or the rights of any third party.
TERMINATION OF YOUR RIGHTS
You agree that, Owner may, at his sole discretion and at any time, discontinue and terminate your access to the Site or discontinue your access to its services. This discontinuance, or termination, may include deletion, or other restriction, of any username, passwords or other information, and may be done without notice to you.
You agree that you use this website, the internet address of which is http://www.pesqa.com, is at your own risk. The site, and any related information, contents and/or materials are provided on an "as is" basis without warranties of any kind. The owner of the site, Pesqa Fishing Tourism, Inc., hereby disclaims all warranties, either express or implied, including but not limited to: warranties of title; implied warranties of merchantability; guarantees of accuracy or completeness; fitness for a particular purpose; non-infringement; and those arising by statute, or otherwise in law, or from a course of dealing or usage of trade; other than those warranties which are imposed by, and incapable of exclusion, restriction, or modification, under the laws applicable to this agreement. By your use of the Site you expressly agree that Owner will not be responsible or liable for any damages, whether liquidated or unliquidated, in the event that your account, or any personal information associated therewith, is hacked, stolen, modified or otherwise compromised in any way, by any person. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
No oral communication, opinion, advice or written correspondence, or other information provided by Owner, or the Site, will create a warranty of any kind, and you should not rely on any such information, opinion or advice. You acknowledge and agree that the provisions of this Disclaimer shall apply to all opinions, comments, advice, information and all services that you have purchased from the Site or that you may purchase in the future.
You acknowledge and agree that the use of this website and the information and services provided by this website are fully voluntary on your part. You acknowledge and agree that everyone is different and your particular personal satisfaction is not, in any manner, warranted or guaranteed. You acknowledge and agree that the Site and Owner make no warranty, either express or implied, as to the accuracy, or completeness, of the content of this website. You acknowledge and agree that the use of this website is entirely voluntary and at your own risk. The website and Owner make no guarantees as to the accuracy, completeness, or timeliness of the information contained on this website. You acknowledge and agree that all information provided by the website, including but not limited to, all opinions, comments, advice, texts, pictures, videos, graphics, links to other sites, or other travel information, as well as any information given by Owner, or by the website or by any third party provider, or any other content contained or shown on the website whatever, may be modified, altered, updated, deleted or otherwise changed at any time and without any notice to you or to the public. You acknowledge and agree that, in the event that you make a travel reservation on the website, or purchase any other item or product shown, or otherwise marketed on the website, that Owner does not make any guarantees or warranties as to result, and that Owner has no liability for any such result, favorable or unfavorable, which arises therefrom, nor do his agents, representatives or licensors, or any third party providers of products, or services, related to this site.
LIMITATION OF LIABILITY
In no event shall the website or Owner, his agents, representatives or licensors, or any third party providers of products, or services, related to this site, be liable to you, or any other party, for any loss or injury, or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise (including, but not limited to personal injury, financial damages, whether liquidated or unliquidated, or any other issues of any type whatsoever) resulting from, or in any way connected to: (a) your use of this site; (b) any information that you receive from this site; or (c) the performance, or nonperformance, by Owner, , his agents, representatives or licensors, or any third party providers of products, or services, related to this site; even if such party has been advised of the possibility of damages to such parties. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to you. You hereby waive any and all claims against the Site, Owner, his agents, representatives and licensors, or any third party providers of products, or services, related to this site, rising out of, or in any way connected to your use of the site and/or any related products or services.
You expressly agree that, in the event Owner is held liable for any damages related to this site, your sole and exclusive remedy as to damages and legal relief will be limited to the reimbursement of the charges for any services, or products, which may have been paid by you, and which were not provided to you, if such reimbursement can be reasonably obtained by Owner from the other party in such transaction, or the amount of any fee received by Owner as a result of such transaction, whichever amount is less.
You hereby waive any and all rights to bring any claim, or action related to this site, against the website, Owner, his agents, representatives and licensors, or any third party providers of products, or services, related to this site beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.
Pesqa requires that you agree to follow the following basic rules of conduct when using This Website and any websites of the Providers: (1) You will follow these Terms and Conditions and all applicable laws;(2) You will only provide truthful and accurate information; (3) You will not harass, threaten or abuse other people in any manner; (4) You will not interfere with others, including by interrupting other users' sessions, or otherwise act in a way that negatively affects other users; (5) You will not post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights; (6) You will not collect or store personally identifiable information about any other individual or otherwise stalk, repeatedly contact, or harass another user; (7) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with us; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another; (8) You will not post any content that contains any viruses harmful code, or other computer software or program designed to interrupt This Website and services we provide, other users ability to enjoy This Website, or the proper functioning of any software, hardware or equipment or materials used in connection with This Website; (9) You will not use any information on This Website for any commercial purposes, except as expressly authorized by Pesqa; (10) You will not search, mine or link any data or information to or through This Website without Pesqa’s express consent and authorization; and (11) You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of This Website. If you violate any of the guidelines set forth above, or any other aspect of these Terms and Conditions, we reserve the right to suspend or terminate your rights to use This Website without giving you any notice.
You agree that Owner has no obligation to, but may, monitor and review information you transmit over, or upload to, the Site. You agree that Owner may censor, edit, remove or prohibit the transmission or receipt of any information that Owner deems inappropriate or in violation of these Terms, and use any such information as necessary to protect the Site, and/or to protect the rights or properties of Owner. You agree that Owner may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
PASSWORDS AND SECURITY
You may choose or be given a password to use in connection with some of the pages on This Website. You will never give your password to anyone, and it is your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, you are solely responsible for any and all activities that occur under your account. You shall notify us immediately of any unauthorized use of any account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You shall be solely responsible for all use of your accounts and passwords and all consequential, indirect, exemplary, special or incidental damages resulting therefrom.
LINKS TO OTHER SITES
This Site may include links to other web sites. Owner may provide such links solely as a convenience to You and for informational purposes only. Owner has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Owner’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on, or available from, such web sites. Neither Owner nor any other providers of products, or services, related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access any such other web sites, You do so at Your own risk. Other web sites may include links to this Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from this Site.
Regarding Links from other sites to this Site, You are, under certain circumstances, and subject to the terms of this agreement, allowed to link to this Site. The Site and Owner has the right to withdraw Your right to do so at any time. If You receive notice from the Site or Owner to disable such link, You must do so immediately and remove it from the Site. Any link connected to the Site must do the following: a) the link must direct the user to only the Site’s homepage; and b) the link must direct the user to the Site in full screen display; c) the link must be text only and the Uniform Resource Locator (URL) must be clearly discernable. Any link connected to the Site must not do the following: a) the link must not allow pop up advertising or other un-triggered windows; b) the link must not indicate, in any way, that the entity establishing the link is associated, or connected, with the Site or with Owner; c) the link must not be associated with any site offering obscene, profane or sexually explicit material and Owner reserves the exclusive right to make such determination, whether such material is obscene, profane or sexually explicit; d) the link must not in any way damage, or disparage, the reputation or goodwill of the Site or Owner.
Owner and any other providers of products, or services, related to this Site, are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Owner and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. Owner and any other providers of products or services related to this Site may cancel or modify reservations where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
Neither this Site nor Owner grant permission to, or otherwise permit, minor children, under the age or 18 years, to use, access or view this Site.
RIGHTS ASSOCIATED WITH THE USE OF THIS SITE
Owner grants you a limited right to use this Site under only the conditions set forth herein. This right to use, or License to use, is limited and it is a personal, revocable, non-exclusive, royalty free right for the content of this Site only and is contingent upon your compliance with these Terms. This limited right is non-transferrable.
The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceable ity of any other remaining provisions.
If Owner takes any action to enforce this Agreement, Owner will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Owner may be entitled.
Owner may at any time modify these Terms, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. Accordingly, you agree to review these Terms periodically, and your continued access, use and/or posting on this Site shall be deemed your acceptance of the changed Terms.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the Province of British Columbia, Canada, applicable to contracts entered into and to be performed entirely within said Province. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action.
These Terms, together with those incorporated herein or referred to herein (including, without limitation, the terms, conditions and provisions of the Privacy Statement , relating to this Site) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.