PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Your use of Kognitiv Corporation’s, and its affiliates, subsidiaries, and related entities (collectively, “KOGNITIV”) website and services, including any offline services via our call centre(s), (the „KOGNITIV Service“) is expressly conditioned on your acceptance of these Terms of Use without modification. By using the KOGNITIV Service, you signify your agreement to these Terms of Use. If you do not agree with any part of these Terms of Use, you may not use the KOGNITIV Service. KOGNITIV may at any time modify these Terms of Use and your continued use of the KOGNITIV Service will be conditioned upon the Terms of Use in force at the time of your use. You acknowledge and agree that these Terms of Use constitute a valid and enforceable contract.

AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of the use of the KOGNITIV Service. If you use the KOGNITIV Service, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You understand that you are responsible for all uses of the KOGNITIV Service by you and those using your login information. You confirm that all information provided by you on this Website or via a cell centre is true, accurate and not misleading, and if you provide any information about other individuals, you confirm that you are authorized to provide such information.

OWNERSHIP

The web sites and the KOGNITIV Service are the property of KOGNITIV and/or its third-party suppliers and content providers („Third Party Suppliers“). Certain data relating to schedules is the copyrighted work of third party information providers. In addition, the trademarks, logos and service marks displayed (collectively, the „Trademarks“) are registered and common law Trademarks of KOGNITIV and/or its Third Party Suppliers. No license or right to use any of the Trademarks without the written permission of KOGNITIV, or such other party that may own the Trademarks, is granted or should be implied. The KOGNITIV Service and the content provided thereby, including text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of KOGNITIV, and/or its Third Party Suppliers, except that you may download, display and print the materials presented by the KOGNITIV Service for your personal, non-commercial use only. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other web site, application or in any environment of networked computers is prohibited. Unauthorized use of the KOGNITIV Service and/or the materials provided thereby may violate applicable copyright, trademark or other intellectual property laws or other laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the KOGNITIV Service.

USE OF THE KOGNITIV SERVICE

KOGNITIV grants you a limited right to access and make personal use of the KOGNITIV Service in accordance with these Terms of Use. You may only use the KOGNITIV Service to make legitimate reservations or purchases for personal, non-commercial use and shall not use the KOGNITIV Service for any other purpose, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. For avoidance of doubt, this license does not include any resale or commercial use of the KOGNITIV Service or its contents or any derivative use of the KOGNITIV Service or its contents. Without limiting the foregoing, you may not:

1. use or authorize or permit any third party to use on your behalf any „robot,“ „spider“ or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content making a part of the KOGNITIV Service, in any case without the prior written consent of KOGNITIV;

2. utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that frames, modifies or adds content to the layout, design, or content of any web page or application making a part of the KOGNITIV Service;

3. transmit or otherwise transfer any web pages, data or content making a part of the KOGNITIV Service to any other computer, server, web site, application or other medium for mass distribution or for use in any commercial enterprise;

4. use any device, software or routine to interfere or attempt to interfere with the proper working of the KOGNITIV Service;

5. take any action that imposes a burden or load on the KOGNITIV Service’s infrastructure that KOGNITIV deems in its sole discretion to be unreasonable or disproportionate to the benefits KOGNITIV obtains from your use of the KOGNITIV Service; or

6. post or transmit via the KOGNITIV Service:

a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material,

b) any information or material that (i) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (ii) infringes the rights of others or violates their privacy or publicity rights, (iii) is protected by copyright, trademark or other proprietary right (unless with the express written permission of the owner of such right), (iv) contains a virus, bug or other harmful item, or (v) is used to unlawfully collude against another person in restraint of trade or competition.

7. Make any false or fraudulent booking or any booking in anticipation of demand.

In its sole discretion, in addition to any other rights or remedies available to KOGNITIV and without any liability whatsoever, KOGNITIV at any time and without notice may terminate or restrict your access to the KOGNITIV Service. If you have been notified by KOGNITIV that you are prohibited from using the KOGNITIV Service, then notwithstanding the foregoing you have no right to use the KOGNITIV Service and any access by you or on your behalf shall be unauthorized and unlawful. KOGNITIV may provide notice under this or any other section of these Terms of Use via an email sent to the email address contained in your user profile or otherwise used to make a booking via the KOGNITIV Service, or in any other reasonable manner. KOGNITIV reserves the right to cancel any and all bookings or other transactions you have made using the KOGNITIV Service after you have been prohibited from using the KOGNITIV Service, with no liability whatsoever to you.

SUBMITTED CONTENT; REVIEW OF TRANSMISSIONS

These Terms of Use apply to any journals, recommendations, reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by KOGNITIV from you (collectively „Submitted Content“). KOGNITIV shall have the right (but not the obligation) to, from time to time monitor and review Submitted Content and any other information transmitted or received through the KOGNITIV Service and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that KOGNITIV deems inappropriate or in violation of these Terms of Use. During monitoring, the Submitted Content may be examined, recorded or copied, and your use of the KOGNITIV Service constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and KOGNITIV disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that:

a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to KOGNITIV and for the use by KOGNITIV as stated herein, and

b) the use of such Submitted Content by KOGNITIV will not infringe the intellectual property rights of or otherwise violate the rights of any third party.

You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the KOGNITIV Service. You agree that if you provide Submitted Content, you grant KOGNITIV a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you, and you waive all moral rights with respect thereto. You further grant KOGNITIV the right to pursue at law any person or entity that violates your or KOGNITIV’s rights in the Submitted Content by a breach of these Terms of Use. You agree that KOGNITIV may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our sole discretion, and that such Submitted Content may be shared with KOGNITIV’s Third Party Suppliers, distribution partners, customers and other third parties.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Such notice must include:

· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

· A description of the copyrighted work that you claim has been infringed upon;

· A description of where the material that you claim is infringing is located on the site;

· Your address, telephone number, and e-mail address;

· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices and counter-notices with respect to the site should be sent to inquiries@kognitiv.com.  

CURRENCY CONVERSION

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but KOGNITIV and/or its Third Party Suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.

EXCLUSION OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KOGNITIV NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKE ANY WARRANTY OF ANY KIND REGARDING THE KOGNITIV SERVICE AND/OR ANY MATERIALS PROVIDED VIA THE KOGNITIV SERVICE, ALL OF WHICH ARE PROVIDED ON AN „AS IS“ BASIS. NEITHER KOGNITIV NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA PROVIDED VIA THE KOGNITIV SERVICE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER KOGNITIV NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THAT THIS THE KOGNITIV SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM JURISDICTIONTO JURISDICTION. THE KOGNITIV SERVICE PROVIDES LINKS TO OTHER WEB SITES SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY KOGNITIV OR ITS THIRD PARTY SUPPLIERS OF THE CONTENTS OF SUCH OTHER WEB SITES OR THE GOODS OR SERVICES PROVIDED THEREON. NEITHER KOGNITIV NOR ANY THIRD PARTY SUPPLIER 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 OR THE GOODS OR SERVICES PROVIDED THEREON. IF YOU DECIDE TO ACCESS OTHER WEB SITES, OR TO USE SUCH GOODS OR SERVICES, YOU DO SO AT YOUR OWN RISK. BY MARKETING TRAVEL TO INTERNATIONAL DESTINATIONS, KOGNITIV DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. KOGNITIV EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT THIRD PARTY SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) AND/OR TO CHANGE OR CANCEL PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR CREDIT CARD CHARGED. IN THE EVENT OF A CORRECTION TO A PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION, AND REFUND YOU IF APPLICABLE, WITHOUT PENALTY.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, KOGNITIV ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF, THE KOGNITIV SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE KOGNITIV SERVICE. IN NO EVENT SHALL KOGNITIV OR ANY OF ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THE KOGNITIV SERVICE OR CONTENT FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NONPERFORMANCE BY KOGNITIV OR ANY OF ITS THIRD PARTY SUPPLIERS, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE THIRD PARTY SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF KOGNITIV. KOGNITIV IS NOT LIABLE FOR THE UNINTENTIONAL OR INTENTIONAL ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR AGENTS OF THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. KOGNITIV RELIES ON THE ACCURACY AND COMPLETENESS OF THE INFORMATION SUPPLIED BY A THIRD PARTY SUPPLIER. KOGNITIV SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IF, NOTWITHSTANDING THE FOREGOING, KOGNITIV OR ANY THIRD PARTY SUPPLIER SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THE KOGNITIV SERVICE OR ITS CONTENT, THE LIABILITY OF KOGNITIV AND THE THIRD PARTY SUPPLIERS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID TO KOGNITIV IN CONNECTION THEREWITH. SOME JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE SELECTION OF ONTARIO LAW AS DESCRIBED BELOW, DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You shall defend and indemnify KOGNITIV and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the KOGNITIV Service (including without limitation any violation by you of these terms and conditions, any law or the rights of a third party).

GOVERNING LAW AND VENUE

These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the Province of Ontario, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. The parties expressly consent to the personal jurisdiction and venue in the province of Ontario for any lawsuits arising from or related to these Terms of Use. The prevailing party in any such action shall be entitled to recover all reasonable attorney’s fees and any costs of litigation.

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to KOGNITIV as may be irreparable by monetary damages alone, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that KOGNITIV shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, without having to post a bond or other security.

PRIVACY

You have read the KOGNITIV Privacy Policy , the terms of which are incorporated herein, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information by KOGNITIV and/or its Third Party Suppliers in accordance with the terms of and for the purposes set forth in the KOGNITIV Privacy Policy.

PROMOTIONS

All special offers or promotions are marked as such. Special offers and promotions are available for a limited time only. Additional terms and conditions may apply to the provision of special offers and promotions.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions of KOGNITIV and/or its Third Party Suppliers may apply to reservations, purchases of goods and services and other uses of the KOGNITIV Service. You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any amounts paid for such reservation(s). KOGNITIV may debit your credit or debit card account or charge you for any costs we incur as a result of such violation. You acknowledge that some Third Party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.

COMPLAINTS

Specific claims or complaints should be made directly at the Third Party Supplier(s) who provided your travel(s).

If you have a complaint against KOGNITIV, please submit all correspondence to:

inquiries@kognitiv.com .

MISCELLANEOUS

The relationship between KOGNITIV and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. KOGNITIV may assign, convey, subcontractor or delegate its rights, duties or obligations hereunder. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. These terms and conditions 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 enforceability of any other remaining provisions. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect the terms and conditions herein. These Terms of Use, together with any terms and conditions incorporated herein or referred to herein 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 through the KOGNITIV Service.