You agree that this Agreement will apply whenever you use the Website. If you do not agree with any of the terms of this Agreement, including any linked documents, do not use the Website.
“Sunwing.com" reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the Website, you should review the current terms and conditions of the Agreement and all linked documents. Your continued use of the Website will indicate your acceptance of the current Agreement.
This Website is intended exclusively for your personal and non-commercial use. The content and data as well as the Website infrastructure used to provide such content and information, is proprietary to Sunwing.com. As a condition of using the Website, you agree not to use its contents or information for any commercial or non-personal purpose. This Website may only be used for lawful purposes. As a condition of your use of the Website, you warrant to Sunwing.com that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
Unless otherwise agreed upon, in writing, by Sunwing.com, you may not commit any of the following acts either directly or indirectly:
- Use any automatic device or manual process to copy or monitor content of the Website without prior written consent.
- Use or access the Website in any way that, in the opinion of Sunwing.com, has a negative effect on the performance or function of the Website, or any other computer systems or networks used by Sunwing.com.
- Attempt to upload or transmit to the Website or use any device, software or routine that contains malicious computer programming routines that are intended to damage, interfere or attempt to interfere with, intercept, the normal operation of the Website, or take any action that imposes an unreasonable load on our computer equipment.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- Access data not intended for you or logging onto a server or an account that you are not authorized to access.
- Send unsolicited and unauthorized e mail on behalf of Sunwing.com, including promotions and/or advertising of products or services.
- Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website.
- Post, transmit, or otherwise make available through or in connection with the Website including: [a] anything that is or may be: threatening, harassing, degrading, hateful, intimidating, defamatory, fraudulent, obscene, indecent, pornographic or otherwise objectionable, or protected by copyright, trade mark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; [b] any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"; or [c] any material, non public information about a company without the proper authorization to do so.
Sunwing.com, at our sole discretion, may terminate or restrict your access to all or any component of the Website Sunwing.com at any time, regardless of whether or not access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the WebsiteSunwing.com. If you continue to access the Website after such termination, your use shall constitute an act of trespass.
Any cosmetic or functional part of the Website may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you.
Privacy and Security
Intellectual Property Rights
All material contained on the Website, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. User acknowledges that all right, title and interest in and to the Website and any and all intellectual property rights associated therewith are exclusively owned by Sunwing.com. User will not contest the validity of any trademark or Sunwing.com' exclusive ownership of it.
User assumes the sole risk of making use of and/or relying on the information or services, made available by Sunwing.com. Sunwing.com makes no representations about the suitability, completeness, timeliness, reliability, or accuracy of the information or services described or provided by the Website for any purpose. Sunwing.com does not warrant that the Website will meet all of User's requirements or that performance of the Website will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the Website. All such information or services are provided "as is" without warranty of any kind, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, SUNWING.COM DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTIONS DISPLAYED ON THIS WEBSITE [INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, GENERAL DESCRIPTIONS, ETC.], MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUNWING.COM AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME, FOR ANY REASON.
In no event shall Sunwing.com or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for any information or services offered or available [or not available] through the Website, or otherwise arising out of the utilization of the Website, whether based in contract, tort, strict liability, or otherwise, even if Sunwing.com has been advised of the possibility of damages.
User shall indemnify and save harmless Sunwing.com and its affiliates against any liability, actions (including legal fees), claims, losses, costs and damages, which Sunwing.com may incur, sustain or pay arising out of or in connection with the User's breach of any of the provisions of this Agreement, or any negligent or intentional act or omission, in relation to any incident alleged to have occurred in relation to services provided by Sunwing.com. .
This Agreement has been made in and will be construed and enforced in accordance with Ontario law. Any action will be brought in the courts of the Province of Ontario, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Sunwing.com of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.
Relationship Between the Parties
No joint venture, partnership, employment, franchise, or agency relationship exists between User and Sunwing.com as a result of this Agreement or User's utilization of the Website.
This Agreement represents the entire agreement between User and Sunwing.com with respect to the use of the Website. Any rights not expressly granted herein are reserved.
User may not assign its rights or delegate its obligations under this Agreement without Sunwing.com' prior written consent.