Destination Canada – Canadian Tourism Data Collective
IMPORTANT NOTICE – PLEASE READ BEFORE ACKNOWLEDGING RECEIPT OF THESE TERMS AND CONDITIONS
These terms and conditions of use (the “Terms”) apply to the use of Destination Canada’s Canadian Tourism Data Collective site (the “Site”) and the content contained therein. These Terms constitute an agreement between Destination Canada and the person accessing the site (“You”) and take effect when You click an “Accept” button or check box presented with these Terms or, if earlier, when You access the Site. If You do not unconditionally agree to all of these Terms, do not use any of the services described herein.
If you have entered into a separate written agreement with Destination Canada governing your use of other Destination Canada services, including other subscribed services accessed through the Site which may require an account, the terms and conditions of that agreement will take priority over these Terms to the extent that they are inconsistent with these Terms.
Destination Canada reserves the right, at its discretion, to modify these Terms at any time. You agree to periodically review these Terms in order to be aware of any such modifications. Continued use of the Site by You following such modifications constitutes Your acceptance of the modified Terms.
1.0 Site Content
1.1 You agree and acknowledge that all materials contained on the Site (including, but not limited to text, graphics, news articles, blog articles, reports, photographs, images, illustrations, audio clips and video clips, collectively known as “Content”) is owned or licensed by Destination Canada, including all copyright in the Content. Use of the Content without the consent of Destination Canada or contrary to these Terms is an infringement of Destination Canada’s copyright in the Content.
1.2 Trademarks used and/or displayed on the Site are the registered or unregistered trademarks or official marks (Canada) of Destination Canada or are trademarks licensed to Destination Canada by the trademark holder. No license to use the trademarks is granted without the express written permission of Destination Canada or as expressly set out in these Terms.
1.3 You may download, copy, and store the Content for Your personal and non-commercial use, provided that You maintain all copyright attribution and other notices contained in such Content. Copying or storing of any Content for other than personal and noncommercial use is expressly prohibited without prior written permission from Destination Canada, or from the copyright holder identified in such Content’s copyright notice.
1.4 You agree not to:
a) sell or otherwise commercially exploit any Content;
b) modify, correct, translate, adapt, enhance, further develop, or otherwise create derivative works of the Content; or
c) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any copyright, trademark, patent, or other intellectual property or proprietary rights or other symbols, notices, or marks on the Content.
2.0 Use of the Site and Content
2.1 You agree to use the Site and the Content only for purposes that are expressly permitted by these Terms and to comply with any restrictions set out in these Terms.
2.2 As a condition of Your use of the Site, You agree that You will:
a) comply with all applicable laws, including privacy laws and anti-spam laws;
b) not use the Site or its Content in a way that brings Destination Canada or any third party into disrepute or causes Destination Canada to be liable to any third party;
c) not engage in any activity that interferes with or disrupts the Site or interferes with Destination Canada’s ability to maintain the Site;
d) not use any automated means or form of scraping or data extraction to access or query;
e) not infringe, misappropriate or violate any third party’s intellectual property rights;
f) not include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Destination Canada’s sole discretion;
g) not involve, provide, or contribute any false, inaccurate, or misleading information;
h) not include, send, knowingly receiving, upload, download, use, or reuse any material that does not comply with these Terms;
i) not promote any illegal activity, or advocate, promote, or assist any unlawful act; and
j) not give the impression that Your opinions originate from or are endorsed by Destination Canada or any other person or entity if this is not the case.
2.3 Destination Canada reserves the right to prevent or suspend Your access to the Site if You do not comply with any part of these Terms or any applicable law.
3.0 Third Party Links
3.1 The Site may provide links to other online sites or resources for informational purposes. You understand and acknowledge that that by clicking or activating such links You will leave the Site and go to the other website. You acknowledge that Destination Canada does not screen, review, approve, or otherwise endorse any content or information contained in these linked websites. You further acknowledge and agree that Destination Canada is not liable or responsible for any content from such sites or resources and You hereby release Destination Canada from any such liability.
4.0 Privacy
4.1 Please refer to Destination Canada's Privacy Policy for information on how Destination Canada collects, uses, and discloses personally identifiable information from its users. Destination Canada’s privacy policy is hereby incorporated into these Terms.
5.0 Submitting Content
5.1 The Site may contain features that allow You to submit content to the Site (“User Submission”). You represent and warrant that any User Submissions You supply to Destination Canada is and shall be Your own original work and has been lawfully provided to Destination Canada and that You have all necessary consents to provide this to Destination Canada. You agree that You waive all moral rights You may have in any such User Submissions but that any personal data You supply with Your User Submissions may be used by Destination Canada as described in Privacy Policy. All content submitted through the Site must be in compliance with all applicable laws.
5.2 By providing any User Submission to the Site, You grant Destination its licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Submissions for any purpose.
6.0 Feedback
6.1 To the extent You provide Destination Canada with any feedback regarding the Site or its Contents, You acknowledge that such feedback is voluntary and, even if designated by You as confidential, Destination Canada may use the feedback for any purpose without obligation of any kind. Destination Canada will not disclose the source of any feedback to any third party without the consent of the party providing the feedback. Unless the parties specifically agree in writing, any feedback will not create any confidentiality obligation on Destination Canada.
7.0 No Reliance
7.1 The content of the Site is intended for informational purposes only and does not constitute legal, business, technical or other professional advice or an opinion of any kind. Any reliance on the Site and its Contents shall be at Your own risk. Destination Canada does not guarantee the accuracy, completeness, integrity, quality or appropriateness of any Content. You agree that it is solely Your responsibility to evaluate the use, accuracy, usefulness, completeness, or appropriateness of any Content.
8.0 Disclaimer and Limitation of Liability
8.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8.2 NEITHER DESTINATION CANADA NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENTS.
8.3 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DESTINATION CANADA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
9.0 Indemnity
9.1 You will indemnify all costs and legal fees, and hold harmless, Destination Canada, the federal government of Canada, their affiliates, directors, officers and employees, from and against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any claim or demand (i) made by any third party due to or arising out of Your use of the CTDC or its Contents; (ii) Your violation of these Terms; (iii) Your use of the CTDC or its Contents; or (iv) the infringement by You, or any third party using Your account, of any intellectual property rights or other rights of any person or entity.
10.0 Geographic Restrictions
10.1 Destination Canada is based on British Columbia, Canada. Destination Canada provides the Site for use only by persons located in Canada. The Site is not intended for use in any jurisdiction where its use is not permitted. If You access the Site from outside Canada, You do so at Your own risk and You are responsible for compliance with local laws of Your jurisdiction.
11.0 Reporting and Contact
11.1 The Site is operated by Destination Canada.
11.2 You believe in good faith that materials hosted by Destination Canada infringe Your copyright, You must provide Destination Canada with written notification. The procedure outlined below is exclusively for notifying Destination Canada that your copyrighted material has been infringed and is not a final assertion of any rights to the Content that You may have.
11.3 Your written notification must include the following:
a) a clear identification of Your copyrighted work that You claim is being infringed;
b) a clear identification on the Site(s) of the location of Your copyrighted work;
c) Your full name, telephone number, email address and physical address and your signature; and
d) send Your notice to:
Destination Canada
Attention: Legal Services
Suite 800, 1045 Howe Street
Vancouver, BC, V6Z 2A9
Tel: (604) 638-8300
11.4 Please note that You may be liable for damages if You make a false claim of copyright infringement.
11.5 Destination Canada will review and appropriately address all notices that comply with the requirements above.
Governing Law and Choice of Forum
11.6 These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the applicable federal laws of Canada without regard to the conflict of laws provisions thereof. You agree that all claims You may have against Destination Canada arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Vancouver, British Columbia, Canada. You consent to the personal jurisdiction of such courts over You, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
12.0 General
12.1 You may not call yourself (in any manner, whether orally or in writing, including in websites and emails) a partner of Destination Canada or any similar term merely because you have been granted access to the Site, nor will You represent or imply that Destination Canada has in any recommended, endorsed, or approved how You use the Content.
12.2 These Terms are not assignable, transferable, or sub-licensable by You except with Destination Canada’s prior written consent. Destination Canada may freely assign these Terms. The Agreement is binding on the parties and their respective permitted successors and assigns.
12.3 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
12.4 Destination Canada shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Destination Canada’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
12.5 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
12.6 The Terms and our Privacy Policy constitute the sole and entire agreement between You and Destination Canada regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Addendum: Terms of Use for AI Tools
This Addendum supplements and forms part of the Terms and Conditions (“Terms”) governing your use of the Canadian Tourism Data Collective website (the “Website”) and applies specifically to the use of AI-powered tools and services made available through the Website (“AI Tools”). In this Addendum, “DC”, “we” and “our” refer to Destination Canada, and “you” and “your” refer to the user of the AI Tools. Your use of the AI Tools indicates that you understand and agree to the Terms, including this Addendum, and Destination Canada’s Privacy Notice. You also agree and understand that any other agreements that you may have with DC will also continue to apply when you use the AI Tools.
Description of AI Tools
The Website may provide access to the AI Tools, which may include features such as natural language processing, predictive analytics, automated content summarization, personalization, and other machine-learning-driven functionalities.
Use and Functionality of the AI Tools
You understand and agree that:
The AI Tools are intended for general informational purposes only, and any information provided by the AI Tools is not, and should not be considered to be, marketing, investment or business advice and should not be relied upon in that regard. The information provided by the AI Tools is not a substitute for professional advice.
DC makes no representations or warranties, whether express or implied, in relation to the AI Tools and the Output (defined below), including without limitation implied warranties with respect to merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.
The AI Tools have limited capacity and may not be able to answer your questions or provide the information that you are seeking.
You are responsible for determining if the response provided by the AI Tools apply to you.
The responses generated by the AI Tools should not be considered as official statements or responses from DC.
We may monitor and/or record the discussion you have with the AI Tools for auditing purposes and to enhance the quality of the AI Tools.
If you have violated your responsibilities as set out in this Addendum, or for any other reason, at our discretion, we may end the AI Tool sessions at any time without prior notice and we may delete or restrict your access to the AI Tools and/or the Website. DC will not be responsible for any direct or indirect damages or losses that you or any third party may claim to suffer in such a circumstance.
Ownership of Inputs and Outputs
As between you and the CTC, you own all information and materials input into the AI Tools (the “Input”). By submitting your Input to the AI Tools, you grant to DC a non-exclusive, royalty-free, worldwide license to use, process, and store those Inputs solely for the purpose of operating and improving the AI Tools, including quality monitoring purposes. You represent and warrant that you have all necessary rights and permissions to grant these rights to DC, and that the grant of such rights does not and will not infringe on the intellectual property or other rights of any individual or entity.
DC owns the Website through which the AI Tools are accessed, the AI Tools, and, with the exception of your Input, all other information and content made available, displayed or transmitted in connection with the Website and the AI Tools. This includes, without limitation, all content generated or produced by the AI Tools (the “Output”).
You agree that the Output is provided to you on a non-exclusive basis. You may use the Output for your own internal, non-commercial purposes, including research, analysis, decision-making, or reporting within your organization.
Your Responsibilities when Using the AI Tools
When you interact with the AI Tools, you understand and agree that:
You will not ask the AI Tools any questions that include any personal or sensitive information, such as your contact information, address, gender or sexual orientation, ethnicity or country of origin, colour or race, disability, marital or family status, and religion, and you will not provide any of this information to the any of the AI Tools.
You will not put confidential information into the AI Tools.
You will not submit, send, post, or publish any material through the AI Tools that may be considered by us to be abusive, defamatory, illegal, indecent, threatening, obscene, pornographic, invasive of privacy or publicity rights or otherwise harmful to others.
You will not use the AI Tools in a way that violates any applicable laws or infringes, misappropriates or otherwise violates another party’s intellectual property rights.
You will not use the AI Tools or the Output in a manner that would jeopardize the security, integrity and/or availability of the AI Tools or the Output, including without limitation:
using the AI Tools or the Output for any unlawful or inappropriate purpose;
decompiling, disassembling, reverse engineering or otherwise copying any software associated with the AI Tools or the Output;
tampering with any portion of the AI Tools or the Output;
using the AI Tools or the Output to transmit any virus or other harmful or destructive computer code, files or programs or to conduct hacking and/or intrusion activities;
attempting to circumvent or subvert any security measure associated with the AI Tools or the Output;
taking any action that might reasonably be construed as likely to adversely affect other users of the AI Tools or the Output; or
removing or altering any proprietary symbol or notice, including any copyright notice, trademark or logo, displayed in connection with the AI Tools or the Output.
Risks Associated with AI
You acknowledge that if you choose to rely on the Output, you do so entirely at your own risk. You understand Artificial intelligence tools can generate inaccurate or untrue information and you are strongly encouraged to independently verify the Output to ensure that it is accurate before relying on it in any way.
While efforts are made to ensure responses are accurate and helpful, the AI Tools may produce incomplete, outdated, or incorrect information. You should independently verify any critical information obtained through the AI Tools.
DC does not guarantee the accuracy, uniqueness, or reliability of any Outputs. You acknowledge that the same or similar Outputs may be generated for other users.
Changes to These Terms
AI Tools may be modified, suspended, or discontinued at any time without notice. DC reserves the right to update the terms set out in this Addendum periodically. Continued use of the AI Tools constitutes acceptance of any such updates.
Limitation of Liability
You acknowledge that we will not be liable for any losses or damages that you may suffer as result of your use of the AI Tools, including if the AI Tools are unavailable for any reason or if the AI Tools are unable to provide you with the information have you sought or have provided information that does not apply to your situation; even if DC has been specifically advised of the possibility of any such loss or damage.
Governing Law
This Addendum is governed by the applicable laws of British Columbia and the federal laws of Canada. If there is any conflict or inconsistency between the provisions of this Addendum and the provisions any other existing DC terms and conditions or agreements, the provisions of this Addendum will govern.
