5. Other Terms and Conditions
Additional terms and conditions and policies (collectively, the “Other Terms and Conditions”) apply to purchases of products and services through the Website and to specific portions, features or services of or offered through the Website, including terms and conditions contained in any published schedules or fare rules, any pages on the Website, on any ticket or receipt provided by Somatic or third party service providers.
6. Ownership of Website
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those items and the Website as a whole) are owned solely by Somatic and its licensors, and are protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
7. Your Information
You will ensure that all information you provide to Somatic, through the Website or otherwise, including account information (including your legal name, residential address, email address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current and complete. Somatic will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Somatic or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your account information and payment information if they change.
You authorize Somatic to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to Somatic’s affiliates and services providers; and (c) respond to your communications through the Website, by email or other means of communication.
Communications you send to Somatic are not effective unless and until they are processed by the responsible Somatic representative. Somatic may refuse to process any communications sent to Somatic , or may reverse the processing of any communications sent to Somatic , at any time in Somatic’s discretion, and without any notice or liability to you or any other person, including if Somatic believes the communication to be fraudulent, speculative, or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
9. Personal Information Privacy
Somatic and related logos are registered or unregistered trademarks, service marks and trade names owned or licensed by Somatic. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
11. Accounts and Codes
To access and use certain features and services of the Website you must have a valid website account and use a valid username and password (collectively “Codes”) accepted by Somatic. Accounts and Codes are personal, and may not be shared.
You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes). You may not disclose your Codes to any other person or permit any other person to use your account or Codes. You will immediately notify Somatic by telephone 1.604.669.0822 or email to email@example.com if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person.
Somatic is not under any obligation to verify the actual identity or authority of any person using your account or Codes. Somatic may act upon any communication that is given through your account or by using your Codes.
Codes do not restrict access by Somatic to password-protected information. Codes may not prevent unauthorized access to data or other information. Somatic may in its discretion cancel or suspend your account or change your Codes at any time without any notice or liability to you or any other person.
Somatic may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Somatic is not satisfied with the proof.
If your give feedback about the Website or any Somatic products or services (including any ideas or suggestions for enhancements or improvements) to Somatic (by direct communication or by posting comments with your feedback on the Website), then Somatic and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any way and for any purpose without providing any compensation or attribution to you or any other person.
13. Linked Sites
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from Somatic , and Somatic does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk, and you will not make any claim against Somatic arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
14. Prohibited Activities
You will not: (a) circumvent the ordinary navigational structure or presentation of the Website or its content; (b) access or obtain the Website content or other data by any means that is not purposely made available to you by the Website; (c) gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; or (d) test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.
Deep links to the Website without the express written permission of Somatic are strictly prohibited. Somatic in its discretion may cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
SOMATIC DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ANY OF THE FOLLOWING: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY SOMATIC TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Liability Exclusions/Limitations/Indemnity
IN THIS SECTION 16, “ SOMATIC ” MEANS SOMATIC HVAC AND EACH OF ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND CORPORATE PARENTS AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
17. Changes to Website/Termination of Use
18. Governing Law and Disputes
19. Other Matters