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WEBSITE TERMS OF USE

Last Revised October 5, 2015

 

AGREEMENT BETWEEN CUSTOMER AND FRESH CARNIVAL

Welcome to www.freshcarnival.info (the "Website"). This Website is provided solely to assist customers in booking travel, securing carnival related merchandise, documenting destination experiences, and for no other purposes. The terms "we", "us", "our", "Fresh", and "Fresh Carnival" refer to Fresh Carnival mas band. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use” or "Agreement"). Please read the Terms of Use carefully. By accessing or using this Website, booking any reservations for travel products or services on this Website, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or agents. Fresh may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.

 

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) you have reached the age of majority in your province of residence; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with these Terms of Use; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

 

DEPOSIT TERMS

A $500 deposit is is required upon booking to secure your space for The Fresh Escape. 50% of the deposit is refundable until February 15th 2017. Upon special request & for promotional purposes only, bookings may be secured with a $300 deposit which is non-refundable.

 

PAYMENT OPTIONS

Acceptable forms of payment are electronic money transfers (EMT's), credit card, paypal and in some cases cash (pre-arranged with a committee member). Taxes are not included in the package pricing. Taxes are applicable and will reflect where you are located. (ex. Toronto, ON = 13%)

 

PAYMENT SCHEDULE AND DEADLINES

Upon submission of your deposit for The Fresh Escape travel package you will be contacted by a Fresh admin to coordinate/clarify payment deadlines. There are 3 payment schedules available.

1) General. Submit a $500 deposit, after which 50% of the remaining balance is due by January 1st, 2017. The remainder of the outstanding balance is due by March 31st, 2017.

2) Bi-Weekly -  Submit your deposit after which you pay $300 bi-weekly (or more) until March 21st, 2017 (or sooner pending package selection). Anything remaining unpaid after March 21st is due in full on or by April 3rd, 2017.

3) Monthly -  Submit your deposit after which you pay $300 monthly (or more) on the 15th of each month until March 2017 (or sooner pending package selection). Anything remaining unpaid after March is due in full on or by April 3rd, 2016.

 

• If you default on one payment, you will be charged a late fee of $15 (bi-weekly plan) or $25 (monthly plan) and your payment will be added to your next payment due.

• If you default on two consecutive payments, you forfeit your Fresh Escape and you will be refunded any monies paid, minus 50% of your $500 deposit.

You have up until February 15, 2017 to cancel your Fresh Escape without any penalties besides losing 50% of your deposit. If you cancel your Fresh

Escape after February 15, 2017 you will lose your entire deposit as well as pay a cancellation fee of $200.00. Any monies on top of these fees will be refunded, except in the event that airfares/accommodations have already been purchased, in which case the traveller may receive an airline voucher for the ticket. Other group travellers, if any, will be responsible for paying the difference in price for the adjustment in hotel occupancy.

• Payment amounts listed above are the minimum allowances. If you would like to increase the amount please advise the admin member once contacted after booking.

• Payment dates may be adjusted upon special request made by calling 905-999-4258

 

*Please note that one (1) Candy backline costume is included in The Fresh Escape package. Upgrading to frontline and/or any costume add-ons must be paid in full at time of section registration & will not affect the amount/payments of your package.

*Package prices will increase as of January 1, 2017 to accommodate the increasing airfare costs. This is non-applicable to anyone who secures their package and paid a deposit before January 1, 2017. 

 

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  1. use this Website or its contents for any commercial purpose;

  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

  3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

  6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or

  7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

 

If your booking or account shows signs of fraud, abuse or suspicious activity, Fresh may cancel any travel or service reservations associated with your name and email address.  If you have conducted any fraudulent activity, Fresh reserves the right to take any necessary legal action and you may be liable for monetary losses to Fresh, including litigation costs and damages.  To contest the cancellation of a booking please contact Fresh Carnival Customer Service directly via email at freshcarnival@gmail.com.

 

SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services.

Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.

 

We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses during your stay. Such deposit is unrelated to any payment received by Fresh Carnival for your hotel booking with the supplier.

 

Fresh is not liable for any costs incurred due to relocation.

 

You acknowledge that some third-party providers 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. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

 

PRIVACY POLICY

Fresh Carnival believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, to understand our practices: Privacy Policy.

 

REVIEWS, COMMENTS, PHOTOS, AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, photos, videos, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Fresh Carnival, its subsidiaries and corporate affiliates (collectively, the "Fresh Partners") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "Fresh Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the Fresh Partners may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the Fresh Partners the right to pursue at law any person or entity that violates your or the Fresh Partners’ rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Fresh Affiliates or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions.

 

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Fresh Carnival may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

 

All photos submitted are subject to our Photo Submission Guidelines.

 

Fresh claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

 

Fresh Carnival’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

 

PHOTO SUBMISSION GUIDELINES

Any photos you submit must be:

  • On topic – All photos must be relevant to accommodation, restaurant, location, or general carnival experiences.

  • Community/family friendly –

    • Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.

    • Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.

    • Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).

    • Children under 13 may not submit photos or other materials.

  • Original – You may only submit your own photos. Do not submit photos from any other source (personal or commercial). Do not submit photos that infringe the copyright, trademark, or other property right of any third party.

  • Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.

  • No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Expedia and/or those using it.

 

INTERNATIONAL TRAVEL

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met.  Fresh has no special knowledge regarding foreign entry requirements or travel documents.  We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

 

Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

 

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. 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.

 

Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm

 

BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, FRESH DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

 

LIABILITY DISCLAIMER

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Fresh Partners and Fresh Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, and other travel/carnival products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Fresh Carnival expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

Hotel ratings displayed on this Website are intended as only general guidelines, and the Fresh Partners and Fresh Affiliates do not guarantee the accuracy of the ratings. The Fresh Partners, the Fresh Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The Fresh Partners, the Fresh Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.

 

The Fresh Partners, the Fresh Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Fresh Partners or the Fresh Affiliates. All such information, software products, and services are provided "as is” without warranty of any kind. The Fresh Partners, the Fresh Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Fresh Partners, the Fresh Affiliates and/or their respective suppliers are free of viruses or other harmful components. The Fresh Partners, the Fresh Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

 

In no event shall the Fresh Partners, the Fresh Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes[EU2], or otherwise, and even if the Fresh Partners, the Fresh Affiliates and/or their respective suppliers have been advised of the possibility of such damages. If, despite the limitation above, the Fresh Partners, the Fresh Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Fresh Partners, the Fresh Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Expedia, Inc. in connection with such transaction(s) on this Website, or (b) One-Hundred U.S. Dollars (US$100.00) or the equivalent in local currency.

 

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Fresh Partners, the Fresh Affiliates, and/or their respective suppliers.

 

INDEMNIFICATION

You agree to defend and indemnify the Fresh Partners, the Fresh Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: 

  1. your breach of these Terms of Use or the documents referenced herein;

  2. your violation of any law or the rights of a third party; or

  3. your use of this Website.

 

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than Fresh Carnival. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 

CURRENCY CONVERTER

If a currency convertor is available on the Website, the following terms and conditions apply: 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 the Fresh Partners, the Fresh Affiliates, and/or our respective 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. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

 

BANK AND CREDIT CARD FEES

Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

 

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are © 2015 Fresh Carnival All rights reserved.

Fresh, FreshCarnival.info, the Fresh logo, the Cocktails logo, are either registered trademarks or trademarks of Fresh Carnival in Canada and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Fresh Carnival is not responsible for content on websites operated by parties other than Fresh Carnival.

 

If you are aware of an infringement of our brand, please let us know by e-mailing us at freshcarnivalmedia@gmail.com. 

 

GENERAL

You agree that no joint venture, partnership, or employment relationship exists between you and the Fresh Partners as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

 

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Frsh Carnival with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Fresh Carnival with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

 

Any rights not expressly granted herein are reserved.

 

SERVICE HELP

For quick answers to your questions or ways to contact us by e-mail using our support and feedback form.

You can contact us by telephone, at Grand Cayman Islands​ (345) 927-5703​ or Toronto/North America 1+(416) 953-0905.

©2015 Fresh Carnival All rights reserved.

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