TERMS & CONDITIONS
A Taste Of Kelowna Food Tours Customer and Company Policies (Waiver): Terms & Conditions
By purchasing tickets for and/or participating in the food tasting and history walking tours (“Tour”) offered by A Taste of Kelowna Food Tours (the “Company”), and in consideration for my being allowed to participate on the tour, the receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”).
1. Voluntary Participation. I understand and confirm that my participation on the Tour is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tour.
2. Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Tour including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tour takes place in public venues under conditions largely beyond Company’s control.
3. Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation on the Tour. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation on the Tour.
4. Release of Liability; Limitation of Damages. I hereby forever and unconditionally release the Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation on the Tour, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. The Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tour be greater than $400. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tour is cumulative and not per incident. In no event shall the Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if the Company has been informed of the possibility thereof.
5. Consent to Medical Treatment. I authorize the Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon the Company to provide such assistance, transportation, or services.
6. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
7. Promotional Release. I hereby grant to the Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation on the Tour, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). The Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that the Company is, and shall be, the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
8. Cancellation Policy. No refund will be provided for cancellations made less than 24 hours in advance, or in case of no-show.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ this entire document. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY Agreeing to its provisions. By continuing to participate in the tours, I am indicating my voluntary agreement to the provisions of this WAIVER AND RELEASE OF LIABILITY. Participation in the tours by a person who is not yet 18 years old indicates that a parent or legal guardian has also read and consented to this waiver.
We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
We collect such Non-personal and Personal Information for the following purposes:
To provide and operate the Services;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
To comply with any applicable laws and regulations.
Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by atasteofkelownafoodtours.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.
If you don’t want us to process your data anymore, please contact us at [your email] or send us mail to: [your physical mailing address].
If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at firstname.lastname@example.org