THIS USER AGREEMENT (THE “AGREEMENT”) CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN FESTIVAL DU VOYAGEUR INC. (“FESTIVAL”) AND YOU AND GOVERNS THE FESTIVAL SITE (https://www.heho.ca). YOUR USE OF THE FESTIVAL SITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS; ALL PRODUCTS AND EVENT TICKET PURCHASES MADE THROUGH THE FESTIVAL SITE ARE SUBJECT TO THIS AGREEMENT. IF, FOR ANY REASON, YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY MAKE NO USE OF THE FESTIVAL SITE.
FESTIVAL RESERVES THE RIGHT TO CHANGE OR AMEND THIS AGREEMENT UPON NOTICE TO YOU, WHICH CHANGES OR AMENDMENTS SHALL TAKE EFFECT FROM THE DATE THAT THEY ARE POSTED ON THE FESTIVAL SITE. YOUR CONTINUED USE OF THE FESTIVAL SITE CONSTITUTES YOUR ACCEPTANCE OF ANY CHANGED OR AMENDED TERMS. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO ENSURE THAT YOU ARE UP TO DATE ON THE THEN-CURRENT AGREEMENT TERMS.
“Product” in this Agreement means any souvenirs or other products sold by Festival through the Festival Site.
“Tickets” in this Agreement means event tickets sold by Festival through the Festival Site that allow the ticket holder to gain access to Voyageur Park or other events in accordance with the ticket terms.
BY CLICKING “I AGREE” BELOW, YOU CONFIRM THAT YOU HAVE CAREFULLY REVIEWED THE TERMS OF THIS AGREEMENT AND THAT YOU AGREE TO THESE TERMS.
- Recitals, Policies
1.1. This Agreement is addition to any other agreement you may have with Festival.
1.2. The recitals above form an integral part of this Agreement. In addition to being a legally binding Agreement between Festival and you, Festival’s rights hereunder extend to its directors, officers, employees, contractors, agents and representatives.
1.4 Should you use the Festival Site for any reason, including the ordering of products or the purchasing of tickets, you undertake to, at all times, comply with the Festival’s policies, procedures or operating rules, as may be established by Festival from time to time.
- Amendments to Agreement Terms
Festival reserves the right to change, amend, delete and add to the terms and conditions contained in this Agreement upon notice to you, which notice will be provided by posting the amended Agreement on the Festival Site. All such changes take effect upon being posted. Please note that the Version Edit Date listed above will indicate the latest date that any such changes have been adopted by Festival.
- Festival Customer Account
3.1. When placing an order for Festival products or Event Tickets through the Festival Site, you have the option of registering for a Festival customer account. While a Festival customer account is not required in order to make your purchases, it will allow us to better communicate with you about your purchases and to provide you with information concerning upcoming Festival events. As a Festival customer account registrant, you may also subscribe for our electronic newsletter.
3.2. In order to establish a Festival customer account, you must be at least 18 years of age or older depending on the age of majority in your Canadian Province or country of residence. Any failure to provide accurate information as part of your Festival customer account is grounds for termination of your account. Festival relies on the information that you include as part of your Festival customer account for its communications with you – it is up to you to update your Festival customer account details as necessary from time to time. You are entirely responsible for any use by us of any incorrect or incomplete information that you provide and neither Festival nor its directors, officers, employees, contractors, agents, nor representatives will be held responsible for any fees, costs, losses, or charges of any kind arising from incorrect or incomplete Festival customer account information.
3.3. Use of your Festival customer account is personal and non-transferrable and shall be used solely to make purchases of Festival products and Event Tickets. You agree that any use of your Festival customer account to purchase products and Event Tickets shall be in accordance with any Festival purchasing policies as established from time to time.
3.4. In connection with the Festival Site, you must not:
- use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance availability or accessibility of the website;
- use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, or other malicious computer software; or
access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.
3.5. Festival reserves the right at any time and in its sole and absolute discretion to terminate your Festival customer account.
- Event Tickets – Festival du Voyageur
4.1. Event Ticket Pricing. Pricing for Event Tickets shall be as indicated at the point of purchase; prices are subject to change at any time without notice. Proof of age may be requested upon entry.
4.2. Purchases Final. All Event Ticket purchases, whether purchased through the Festival Site or in person, are final. There are no exchanges or returns. Event Tickets are non-transferrable and are not redeemable for cash. Unauthorized or illegal resale of Event Tickets may result in in seizure or cancellation of such Event Tickets without compensation.
4.3. Lost or Stolen Tickets. If Event Tickets are lost, stolen or destroyed, they cannot be replaced by Festival. Once issued, all Event Tickets are the responsibility of the ticket holder.
4.4. Authentic Tickets Only. As with any Event, Festival will honour original tickets only. Reproduction of Event Tickets is prohibited.
4.5. Fees Paid at Time of Purchase. All fees for Festival products or Event Tickets shall be paid for in full at the time of purchase and are subject to applicable taxes and fees as indicated at the point of sale. Festival reserves the right to utilize the services of third party payment processors in connection with purchases made through the Festival Site. The cost of all products and Event Tickets listed on the Festival Site are set out in Canadian dollars.
4.6. Event Tickets. All Event Tickets are only valid during the duration of the Event as indicated for the subject Event Ticket. The last admission to Voyageur Park is 60 minutes prior to the Event closing time. A Voyageur Park Event Ticket grants access to Voyageur Park only, and does not guarantee access to any specific activity and/or tent within the park. Event schedules and activities are subject to change without notice.
4.7. Voyageur Park Event Tickets – Adult Day Passes – Important Changes for 2018. Effective January 1, 2018 [NOTE: Confirm], Adult Day Passes available for purchase will be classed into 8 different day passes, where each different day ticket corresponds to one of Voyageur Park’s 8 days of public programming. Your Voyageur Park Event Ticket is date specific and can only be used on the Event date selected. Unused Voyageur Park Event Tickets are void if not used on the date selected and are cannot be used on a different Event date. Please note that these changes will affect the Adult Day Passes only. Youth Day Passes and Senior Day Passes will still be valid and available for use on any day of the Festival du Voyageur.
4.8. Day Pass Re-Entry. With the purchase of an Adult Day Pass, Senior Day Pass or Youth Day Pass, you may come and go throughout the Event that day, but all attendees who wish to leave the Event must first visit the Festival Information Centre [NOTE: Insert link to information or map] to obtain a special day pass bracelet in order to be allowed to re-enter the Event should you choose to leave at any point. All special day pass bracelets must be worn by the requesting Voyageur Park Event Ticket holder only and must be worn as attached by Festival staff. Special day pass bracelets are intended to allow for re-entry by the Event Ticket holder only and are non-transferrable. Should it appear that the bracelet has been removed or tampered with, Festival reserves the right to deny such person entry/re-entry. Re-entry will be granted for that Event Day only and the bracelet will expire with the expiration of your Voyageur Park Event Ticket.
4.9. Compliance with Event Rules. All Event attendees shall comply with Event policies and procedures and operating rules as may be established by Festival from time to time. Festival reserves the right to refuse to admit or remove from the Event any individual for disruptive behavior or should he or she fail to comply with policies, procedures and operating rules as established by Festival.
- Limit to the Amount of Tickets Being Sold
5.1. Limit of Event Tickets. To better manage the flow of visitors at Voyageur Park during Festival du Voyageur, to reduce the length of line-ups and to offer an even more enjoyable experience to our festivalgoers, Festival has introduced a limit to the number of Event Tickets that will be on sale for the Festival du Voyageur for 2018.
5.2. Pre-Purchase Recommended. While Festival may make Event Tickets for sale at the gate if available, given the introduction of Event Ticket limits, it is conceivable that certain days could sell-out. To guarantee admission to the Festival Event on a particular day, Festival strongly encourages festivalgoers to buy their Tickets in advance.
- Attendance, Risk
6.1 Attendance at Own Risk. Your attendance at the Festival du Voyageur Events or at Voyageur Park is completely voluntary and entirely at your own risk. You assume all risks of personal injury incidental to the Event, whether occurring prior to, during, or subsequent to the Event. Festival is not responsible or liable to you for any injury, loss, damage, cost or expense you may suffer or incur as a result of your attendance at the Festival du Voyageur or at Voyageur Park or on account of your participation in activities at the Event, regardless of the manner in which that injury, loss, damage, cost or expense is suffered or incurred by you.
6.2. Belongs Subject to Search. You and your belongings are subject as a condition of entry to being searched to ensure compliance with Event attendance restrictions. Searching is pre-caution to assist in the protection of all Event attendees. Failure to submit to a search may result in the denial of entry notwithstanding any valid Event Ticket. Certain items may not be brought into the premises, including without limitation, outside food and drink, alcohol, drugs, and controlled substances.
7.2. Should you choose to transmit any personal information using the Internet (including as part of the Festival Site), you acknowledge and agree that there are inherent risks in such transmission and that, while Festival takes customary precautions concerning the Festival Site, it shall have no responsibility or liability for the general security of information transmitted online.
7.3. The Festival Site may use electronic cookies to improve your user experience. Should you wish to disable cookies; you may do so in your settings, but any such adjustment may impact your use of certain features on the Festival Site.
7.4. You may be captured either on video or by photograph as part of attending the Festival du Voyageur. Festival reserves the right to use these videos and photographs for promotional purposes only. You acknowledge that no further consent is required from you in order for Festival to use same for its promotional purposes.
- No representations – Festival Site
8.1. Any information provided on the Festival Site, including concerning any products or Event Tickets is provided for informational purposes only. Festival does not warrant the completeness or accuracy of any of the information provided on the Festival Site, which may be subject to change, nor that its materials are up-to-date, nor that the Festival Site will remain available. You must make your own determination as to which Product or Tickets will be suitable for an intended purpose, and Festival makes no representations or warranties of any kind in this regard, including without limitation merchantability or fitness for a particular purpose.
8.2. Festival reserves the right to discontinue or alter any or all of the website services at any time without notice and to stop publishing the Festival Site altogether without notice.
8.3. To the maximum extent permitted by applicable laws, Festival excludes and disclaims all representations and warranties concerning the Event and the Festival Site.
- Limited License to Use the Festival Site
Festival authorizes eligible users to view the pages from the Festival Site in a web browser and to stream audio and video files from the Festival Site if same are made available for viewing by Festival from time to time. The Festival Site is to be used for personal and business uses only as intended.
Except as expressly permitted by Festival, you must not copy, edit, translate or otherwise modify any material on the Festival Site, in whole or in part. Unless you own or control the relevant rights to any material featured on the Festival Site, you must not: (i) republish material from the Festival Site (including without limitation on another website); (ii) sell, rent or sub-license material from the Festival Site; (iii) show any material from Festival Site in public; (iv) exploit material from the Festival Site for a commercial purpose not expressly approved by Festival; or (v) redistribute material from the Festival Site.
Festival reserves the right to restrict access to areas of the Festival Site. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Limited Warranties and Liabilities
10.1. Festival does not warrant or represent:
- the completeness or accuracy of the information published on the Festival Site;
- that the material or information on the Festival Site is up to date; or
- the Festival Site or any service on the Festival Site is or will remain available.
10.2. Festival reserves the right to discontinue or alter the Festival Site and any or all of its products, Event Tickets or services featured on the Festival Site at any time without notice.
10.3. Festival is not responsible or liable to any person for or in connection with products purchased or acquired from Festival or the Festival Site. All products are provided as-is and Festival is not responsible or liable to any person for any product use by the purchaser or any third party, or any resulting losses, costs, damage, injury or death, howsoever caused, whether by the products directly or their use.
10.4. Festival will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.1. If a provision of this Agreement is determined by any court of competent jurisdiction to be unlawful or unenforceable, the other provisions will continue in effect.
11.3. This Agreement is governed by the laws of the Province of Manitoba, Canada. Should there be a dispute with respect to the subject matter of this Agreement, the parties irrevocably attorn to the jurisdiction of the Courts of Manitoba.