Travel Services and Online Course User Agreement
& Privacy Policy
Terms and Conditions - [Friendly Pantry Consulting Inc.] (the “Provider”) agrees to provide you with Travel Services and/or access to [The Food Allergy Travel Workshop and/or The Dining Out With Food Allergies Workshop or other workshops and templates] (the “Program”) upon the following terms and conditions. By using her services as a Food Allergy Travel Advisor and registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
Effective Date - This Agreement shall start upon first contact and/or registration by the Participant in the Program and shall be enforceable between the parties starting on that date.
Travel Services: The provider does not provide, own, or control any of the travel services and products that may be featured on the Website or provided as part of your trip, such as, but not limited to, flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled, or made available by third parties (the “Travel Providers”) either directly (e.g., airline) or as an agent. The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of all actual Travel Providers (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms.
Passports, Visas, and Health Requirements
It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each travel destination. In some countries, entry may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities Please note that entry to any country may be refused even if the required information and travel documents are complete.
You are urged to review advisories or warnings issued by your federal government. You can find the U.S. State Department (www.travel.state.gov) and the Centers for Disease Control and Prevention (www.cdc.gov) about risks to travelers. Both the U.S. State Department and the Centers for Disease Control publish and update important country-specific information for travelers. The Provider strongly recommends that anyone traveling or planning to travel internationally review them. They can presently be found at:
https://travel.state.gov/content/passports/en/alertswarnings.html
and
https://wwwnc.cdc.gov/travel/notices
The Provider bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your trip/vacation/holiday related to improper documentation or government decisions about entry.
Health
Recommended inoculations for travel may change, and you should consult a doctor for current recommendations before departure. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Review of Travel Documents
You must completely review all travel, itinerary, and other documents related to a trip upon receipt of them, whether from the Provider or a third party. Any errors, questions, or concerns should be communicated to the the Provider or third party from whom you received such documents.
Insurance
It is recommended that you take out a comprehensive travel insurance policy to cover yourself and all participants of the trip before, during, and after the trip. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Fora cannot be held responsible for denied entry if you or one of your travel participants is unable to provide details to authorities of insurance or denial of entry for any reason. Fora shall not be responsible for any costs incurred by you or any such participant of a trip before, during or after such trip as a consequence of inappropriate or insufficient travel insurance being purchased by you or such participant(s).
Assumption of Travel Risk; Covenant Not To Sue
You understand and agree that travel may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other guests, Travel Provider employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any agents or employees of Travel Providers or their third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
You understand that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of any trip, you are willing to accept the risks and uncertainty involved as being an integral part of your adventure. You hereby accept and assume full responsibility for any and all risks of illness, injury or death and agree to and shall hold harmless and fully release the Provider from any and all claims associated with a trip, including any claims of third party negligence, and you hereby covenant not to sue the Provider for any such claims or join any lawsuit or action asserting such claims against the Provider.
Program – The Provider agrees to provide access to all of the Program features described in the specific Program sales page on the Effective Date. The services provided and/or Program features may include accommodation recommendations and travel advice in the form of lessons, forms, worksheets, checklists, templates, ongoing live training sessions, coaching calls, and private discussion groups. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.
Limited License – By using the Travel Services or purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view, and use the Travel Services and/or Program. The Participant is granted the right to download, store and print single copies of items comprising the Program. All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.
Copyright - The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations, and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
Program Registration – The Participant agrees to provide true, accurate, current, and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of the use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate the access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, and fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Fees – The fees for Travel Agent Services are as outlined by the Provider in email correspondence and on the website. The fees for online courses and any membership programs shall be as set out on the Program Website and offered from time to time. Prices may be subject to change [without notice to the Participant]. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of the Provider.
Membership Fees and Renewals – If the Participant has subscribed to a membership site or coaching program as a component of the Program, the Participant agrees to the following terms of membership subscription:
Automatic Renewal – Unless canceled by the Participant in accordance with the cancellation policy in the Membership Cancellation Policy, or refunded under the money-back guarantee in Clause 10, all monthly or annual subscription plans of the Program shall automatically renew at the end of each subscription period.
Subscription Pricing – The Provider agrees not to change the monthly or annual subscription fees during the initial subscription period as agreed on the Effective Date. The Provider may change the subscription fees for subsequent renewal periods in accordance with Clause 7.
Annual Subscription – After the initial annual subscription has been completed by the Participant and the annual subscription has been renewed, the Participant shall be entitled to cancel the subscription to the Program and receive a refund of annual subscription fees on a prorated basis based on the number of full months left unused.
Membership Cancellation Policy – You may cancel your membership in writing by e-mail to [corinna@friendlypantry.com]. Your subscription shall continue until the end of the current subscription period (monthly or annually). The Participant shall not be charged by the Provider for any membership fees after the current membership period. Unless the Participant has canceled the Program within the period of the money-back guarantee in Clause 10, the Participant remains responsible to pay all amounts owing under a payment plan for the Program.
Money-Back Guarantee – All Travel Bookings are refundable based on the 3rd party rules. This is out of control of the Provider, and so you will be provided with cancellation policies prior to booking. Please ask if you do not receive them or understand.
If you have paid for an online program, the Provider wants you to be satisfied with the purchase of your Program so we offer a money-back guarantee for some programs (see the information page for each program to see if a money-back guarantee is applicable). To claim a refund under this guarantee, please send an e-mail to [corinna@friendlypantry.com] within 24 hours of your registration for the Program, workshops or templates. You will be required to provide your e-mail address, the name of the Product, the date of purchase, the payment method, and the name and e-mail address of the Participant and purchaser. You will also be required to send a copy of the completed workbook to show that you have done the work before a refund will be processed. After all items have been received, the refund will be processed within 10 business days by the Provider via the original payment method.
Passwords - Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any) and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
Credit Card Authorization – By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or another payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.
Privacy – The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Program in accordance with applicable privacy legislation in the Province of [Alberta]. The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Program. The full privacy policy of the Provider is available here – [https://www.friendlypantry.com/legal-privacy]. In addition to receiving applicable Program correspondence via e-mail or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration in the Program. The Participant may unsubscribe from any such marketing lists without affecting access to the Program.
Legal Disclaimer – Not Professional Advice – The information and recommendations shared by the Provider in the course of providing Travel Services and in the Program are provided to the Participant for informational and educational purposes only. The information contained in the Program, and shared during Travel Services including any interactions with instructors or coaches, and participation in any social media groups or chats, shall not be understood or construed as professional advice. The Participant shall be required to use their judgment in applying the information provided in Travel Services and/or the Program to their own personal circumstances and may wish to get additional professional advice where appropriate.
Legal Disclaimer – Not Medical Advice – The information and recommendations shared by the Provider in the course of providing Travel Services and in the Program are provided to the Participant for informational and educational purposes only. The information contained in the Program, and/or shared during Travel Services including any interactions with instructors or coaches, and participation in any social media groups or chats, shall not be understood or construed as medical advice. The Participant shall be required to use their own judgment in applying the information provided in Travel Services and/or the Program to their own personal circumstances and is strongly encouraged to get additional medical advice where appropriate.
Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.
Limitation of Liability. Subject to applicable law, in no event shall the Provider and its partners, service providers, employees, consultants, agents, or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages like anaphylactic reaction, medical health or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
Disclaimer of Warranties. The Travel Services and Program are provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Travel Services and/or Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Travel Services and/or Program including, without limitation, the Providers provide no representation or warranty that (i) the Travel Services and/or Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Travel Services and/or Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Travel Services and/or Program at your own risk and liability.
Release and Indemnity. The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents, and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents, or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including anaphylactic reaction) whatsoever arising from your use of the Travel Services and/or Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Travel Services and/or Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Travel Services and/or Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
Governing Law and Jurisdiction. The Travel Services and Program is operated by the Provider within the Province of Alberta, Canada. By accessing or using the Travel Services and/or Program, the Participant agrees that all matters relating to your access to, or use of the Travel Services and/or Program and its content shall be governed by the laws of the Province of Alberta, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Alberta, with respect to all matters relating to their access to and use of the Travel Services and/or Program.
Arbitration At the Provider’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of Calgary, Alberta, Canada.
Limitation To File Claims. Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within ONE (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Travel Services and/or Programs including cancellations or refunds of your Travel Services and/or Program fees, please e-mail us at [corinna@friendlypantry.com].
Entire Agreement - This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.
