Terms and Conditions

 

WEBSITE USAGE AND INFORMATION AGREEMENT

Please read these terms and conditions of use carefully before using this site. This is a binding legal agreement (referred to herein as “Agreement”) that governs the use of this website  (referred to herein as “site” or “website”), owned by Evolve Retreat Company (referred to herein as “we”, “us”, “our”, or “Evolve Retreat Co.) and our users or buyers (“you”).  By using, viewing, transmitting, caching, storing and/or otherwise utilizing the website, the services or functions offered in or by the website and/or the content and information of the website in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If you do not agree to each and all of these terms and conditions please do not use the website and leave the site immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes.

ELIGIBILITY

The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. You must be eighteen (18) years of age or older to buy any product or service offer on this website. If you are under the age of eighteen, you may contact the Evolve Retreat Co. directly for assistance. The website and the materials located on or through this website are provided by us for informational purposes only, with the understanding that we are by the provision of this information not engaged in the rendering of medical professional advice or service. The information contained in or through this website is based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to such accuracy.

RESTRICTIONS ON USE OF INFORMATION

All information contained in the Site is the copyrighted property of Evolve Retreat Company or affiliated companies and/or third party licensors. No material from the Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary of Evolve Retreat Company and may not be used by anyone for any purpose without our prior express written consent.

REVIEWS, COMMENTS, AND USE OF OTHER INTERACTIVE AREAS

We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Evolve Retreat Company and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable 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, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Evolve Retreat Company may choose to provide attribution of your comments or reviews at our discretion. You further grant Evolve Retreat Company the right to pursue at law any person or entity that violates your or Evolve Retreat Company’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

PROHIBITED ACTIVITIES

If you participate within the website, submitting reviews, comments and using other interactive areas, you must not: (i) defame, abuse, harass or threaten others; (ii) make any bigoted, hateful or racially offensive statements; (iii) advocate illegal activity or discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes and/or violates any right of a third party or any law; (v) post or distribute any vulgar, obscene, discourteous or indecent language or images; (vi) advertise or sell to, or solicit others; (vii) use the website for commercial purposes of any kind other than to facilitate a transaction on the Site; (viii) post or distribute any software or other materials which contain a virus or other harmful component; or (ix) post material or make statements that do not generally pertain to the designated topic or theme of any interactive areas. You shall remain solely responsible for the content of your messages and shall indemnify and hold the Indemnified Parties harmless for the content of such messages. We reserve the right to remove or edit content from any reviews and/or comments, at any time and for any reason.

CONTENT LINKED TO THE SITE

Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site. Please exercise discretion while browsing the Internet and using the site. You should be aware that when you are using the website, you could be directed to other sites that are beyond our control. There are links to other sites from our site might send you on a sponsor’s site, and/or content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive, and/or send cookies to users that we do not control.

We reserve the right to disable links from any third party sites to our website. We make no representations concerning the content of sites listed in any of the Site’s directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to our website. Keep in mind that whenever you give out information online, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

PRIVACY POLICY

Evolve Retreat Co. believes in protecting your privacy. Any personal information you post on the Website will be used in accordance with our Privacy Policy.

TRAVEL DESTINATIONS

When you book international travels, or plan international trips to reach the destination of products or services advertised in this website, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order. For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Evolve Retreat Company accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through the route to his or her destination. It is also your responsibility to consult your physician for current recommendations on vaccinations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

BOOKING SERVICES

By using our website’s booking services you acknowledge that you accept the practices described in our Privacy Policy and all of these terms and conditions. In addition, you warrant that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement, and that all information you supply is true and accurate. Any false or fraudulent reservation is prohibited.

When you book a reservation facilitated by Evolve Retreat Company’s website, we will collect your payment information and transmit it to the supplier to complete the transaction. Please note that the supplier, not Evolve Retreat Company, processes the payment that fulfills your reservation. Evolve Retreat Co. will not interfere with reservations arbitrarily, but we reserve the right to cancel or not process a reservation because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent.  In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, you will be contact by an Evolve Retreat Co. representative to make alternative arrangements or to cancel your reservation.

PRICING AND PAYMENT TERMS

All prices are updated and explain our pricing and payment terms which allow you to use our services and obtain our products. By using this website, you signify that you have read, understood, and agree to be bound by these Pricing and Payment Terms. The prices displayed on this website are per person in Canadian dollar, inclusive of any sales tax, unless otherwise stated.  Prices may change at any time without notice, and are only final once you have fully completed booking process and received its confirmation. Once you have completed the booking process, the total price will be due and payable in full. When you make a booking, you guarantee that you have authority to accept and do accept on behalf of your party these conditions, and accept responsibility for making all payments to Evolve Retreat Co. for all members of the party.

BOOKING DEPOSIT

A non-refundable CND$500 deposit per room booking is required to reserve your space in your selected retreat. Upon receipt of your deposit, we will send you a confirmation email detailing the information we require as part of your completed reservation.

The balance of payment will be processed one week prior to the commencement of your retreat. Trip Cancellation Insurance is MANDATORY: Please do not book airfare until your retreat has been confirmed.

CHANGES AND CANCELLATION POLICY

Evolve Retreat Company understands that sometimes you have to cancel or change your booking, and want to make the cancellation process as easy as possible. Nevertheless, as we incur costs related to your confirmed booking, a non-refundable fee of CAD $500 Canadian dollar will be retained and/or charged to your credit card, in case of cancellation. Below you will find the options of refund based on your cancellation date. If you ever have a question, please contact us at: info@evolveretreatco.com

More than 31 days to Departure – Refund the retreat price and retain CAD $500 per booking as the non-refundable reservation fee.  cancellation fee

30-15 Days to Departure – Refund 50% of the retreat price

Less than 14 days to Departure – No refund

Depending on circumstances the cancellation Fee may be covered by your insurance.  Requests for changes or cancellations must be made in writing by the person who completed the original booking, to our email address at info@evolveretreatco.com

In the case that Evolve Retreat Company, changes or cancels your booking due to unforeseen circumstances, we will provide a full refund of any money you have paid to us.

THIRD-PARTY SERVICES

Excursions, tours and activities that you may choose to book while you are on an Evolve Retreat Company’s retreat are not all part of the services provided by us. Any excursion, tours and activities that you might independently book, with a third-party operator will not be considered a service provided by our company and we will not be responsible for accidents, injuries, delays and/or cancellations that happen during, after or in consequence of a third-party service not related with our services.

LIABILITY DISCLAIMERS

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS EVOLVE RETREAT COMPANY’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.

THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. EVOLVE RETREAT COMPANY DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VENUE, SERVICES, PROGRAM AND ANY OTHER PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, EVOLVE RETREAT COMPANY EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT EVOLVE RETREAT COMPANY’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) FRAUDULENT MISSTATEMENT (IV) DELIBERATE BREACH OR GROSS NEGLIGENCE (V) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

THE EVOLVE RETREAT COMPANY HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OF AIRLINES COMPANIES OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

The information, including but not limited to, text, graphics, images and other material contained on this website and the Evolve Retreat Co. Magazine, are for informational purposes only. The purpose of this website is to promote broad understanding and knowledge of various wellness and health topics. It is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website and/or the Evolve Retreat Co. Blog.

The Evolve Retreat Company is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken prices and rates) errors listed on our Site. The Evolve Retreat Company reserves the right to make changes, corrections and/or improvements to the Site, and to the products and services described in such information, at any time without notice.

We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

INDEMNIFICATION

You hereby indemnify, defend and hold us and our venues and each of our and their owners, partners, subsidiaries, affiliates, guests, residents, visitors, licensees, invitees, permittees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with this Agreement, the services or products provided to you through the website or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of  Evolve Retreat Company  or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law).

In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall we be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the site or the services or functions of the site or arising out of your access to, or inability to access, the site or your reliance upon, the site or the services, content or materials in, or functions of, the site, provision of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence).

RELEASE

By utilizing the website, all users acknowledge and agree that the indemnified parties are released, discharged and held harmless from and are not responsible or liable for any liability with respect to all aspects of the site (including without limitation, any illness, losses, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy, reasonable attorneys’ fees and court costs) that may occur from use of the site or the acceptance, possession, use or misuse of information, materials, services or products related thereto or acquired therefrom. We reserve the right at any time and without liability to restrict or refuse access to the site and its services, content, materials and functions to anybody.

JURISDICTIONAL

Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation.

ACCESS AND INTERFERENCE

You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party.

SOFTWARE AVAILABLE ON THIS WEBSITE

Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote Evolve Retreat Company products, services, websites, and partners. This website is controlled and operated by Evolve Retreat Company from its office in Calgary, Alberta, Canada.

COPYRIGHT AND TRADEMARK

All contents of this Website are: ©2017 Evolve Retreat Company. All rights reserved. Evolve Retreat Co.’s logo, logo derivatives, its product and services names, and slogans displayed on this website are property of Evolve Retreat Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Evolve Retreat Company.

JURISDICTION AND GOVERNING LAW

This Website is operated by a Canadian entity and this Agreement is governed by the laws of the Province of Alberta. You hereby consent to the exclusive jurisdiction and venue of courts in Alberta, Canada and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires the application of another law and/or jurisdiction and this cannot be excluded by contract.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

For answers to your questions contact us at: info@evolveretreatco.com