Please read these Terms of Use ("Terms") carefully before using the ochre-cove.com website ("Site") operated by Ochre Cove ("we," "us," or "our"). Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms.
Acceptance of Terms
By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Site. These Terms apply to all visitors, users, and others who access or use the Site.
Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, provincial, local, or international law or regulation
- Use the Site to transmit or send unsolicited advertising or promotional material
- Impersonate or attempt to impersonate Ochre Cove, an Ochre Cove employee, another user, or any other person or entity
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any server, computer, or database connected to the Site
- Use any robot, spider, or other automatic device to access the Site for any purpose
- Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful
Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ochre Cove, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent, except for your personal, non-commercial use.
User Submissions
By submitting any information through our contact forms or other means, you grant us the right to use such information for the purposes of responding to your inquiry and providing our services. You represent that any information you provide is accurate, current, and complete.
Service Bookings
Booking requests submitted through the Site are subject to availability and our acceptance. Submission of a booking request does not constitute a confirmed booking. A booking is only confirmed when you receive written confirmation from us. All bookings are subject to our full booking terms and conditions, which will be provided upon confirmation.
Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OCHRE COVE NOR ANY PERSON ASSOCIATED WITH OCHRE COVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER OCHRE COVE NOR ANYONE ASSOCIATED WITH OCHRE COVE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL OCHRE COVE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Indemnification
You agree to defend, indemnify, and hold harmless Ochre Cove, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Site.
Links to Other Websites
The Site may contain links to third-party websites or services that are not owned or controlled by Ochre Cove. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Ochre Cove shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, to resolve any dispute arising out of these Terms or the Site.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
No waiver by Ochre Cove of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ochre Cove to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Information
Questions about these Terms should be sent to us at:
Ochre Cove
1847 Westmount Drive, Suite 302
Vancouver, BC V6T 1W5
Canada
Email: [email protected]