Date: February 28, 2018
LAMP HOUSE CANMORE LTD. TERMS OF SERVICE THESE TERMS OF SERVICE GOVERN THE CONTRACT FOR ACCOMMODATIONS AND OTHER SERVICES BETWEEN THE GUEST AND LAMPHOUSE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE LAMPHOUSE WEBSITE, OR BY OTHERWISE MAKING A RESERVATION WITH LAMPHOUSE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE.
In these Terms of Service, unless the context otherwise requires: (a) “Accommodation” means a room or other accommodations, including any private, public or common area or space to which a Guest may be provided access at or by the Hotel;
(b) “Additional Services” means services other than the Accommodation which may be offered or provided to the Guest by the Hotel for an additional fee at the discretion of Lamphouse;
(c) “Arrival” means the Guest’s actual arrival at the Hotel for the start of their Reservation;
(d) “Lamphouse” means Lamp House Canmore Ltd., including any subsidiaries or affiliates thereof;
(e) “Lamphouse Account” has the meaning ascribed to it in section 2;
(f) “Lamphouse Customer Service” means services available via telephone, email, internet chat service or other communication method by which Lamphouse communicates with a Guest, or proposed guest of the Hotel, in respect of a Reservation or otherwise;
(g) “Lamphouse Website” means the internet website(s) through which information about the Hotel may be obtained or through which Reservations may be made or modified in respect of the Hotel;
(h) “Damage Claim” has the meaning ascribed to it in section 4;
(i) “Guest” or “you” means, collectively and individually, you, anyone travelling with you, the person who made the Reservation, any person named in the Reservation Confirmation, or any person who you invite to the Hotel whether or not such person is using any Accommodation, as the case may be;
(j) “Guest Access” has the meaning ascribed to it in section 2;
(k) “Payment Processor” has the meaning ascribed to it in section 5;
(l) “Reservation” means a booking to rent, for a specified period, or
(m) “Reservation Confirmation” means the written confirmation provided to the Guest by Lamphouse in respect of a reservation upon booking and full payment of the Reservation Price; such Reservation Confirmation may be provided to the Guest via email, fax or through the Lamphouse Website;
(n) “Reservation Price” has the meaning ascribed to it in section 4;
(o) “Hotel” means Lamphouse Hotels, 1102 Bow Valley Trail, Canmore, AB
(p) “Scheduled Arrival” means 4:00 pm on the first day of the Reservation, as set out in the Reservation Confirmation;
(q) “Security Deposit” has the meaning ascribed to it in section 4;
(r) “Service Provider” has the meaning ascribed to it in section 19; and
(s) “Terms” means these Terms of Service.
2. Account Registration
(a) In order to access certain features of the Lamphouse Website, you must register to create an account (“Lamphouse Account”). Certain features of the Lamphouse Website, including making and viewing reservations, may be accessed without creating a Lamphouse Account and by providing necessary information as a guest (“Guest Access”).
(b) Your Lamphouse Account will be created for your use of the Lamphouse Website based upon the personal information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Lamphouse reserves the right to suspend or terminate your Lamphouse Account and your access to the Lamphouse Website if you create more than one Lamphouse Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
(c) When creating your Lamphouse Account, you will be required to create a username and password. You are responsible for safeguarding your username and password at all times. You agree that you will not disclose your username or password created when registering for a Lamphouse Account to any third party.
(d) Unless expressly authorized by Lamphouse, you are not permitted to share your Lamphouse Account with anyone or allow others to access or use your Lamphouse Account. You agree that you will take sole responsibility for any activities or actions taken under your Lamphouse Account, whether or not you have authorized such activities or actions. You will immediately notify Lamphouse of any unauthorized use of your Lamphouse Account.
3. Travel Agents
(a) Any travel agent or other service provider (collectively a “travel agent”) used by
Guest to make a Reservation is, for all purposes, the Guest’s agent.
(b) Neither Lamphouse nor the Hotel shall be liable for any representations made by the Guest’s travel agent.
(c) No travel agent acts for Lamphouse or has the authority to modify or waive these Terms in any way, in whole or in part.
4. Rates, Payment, Security Deposit and Liability for Damage
(a) Full payment must be paid by credit card at time of booking. Lamphouse reserves the right to cancel your Reservation if full payment is not received at the time a Reservation is made.
(b) All rates are subject to change at Lamphouse’s discretion until the full cost of the reservation for Accommodation, Security Deposit and any other fees (collectively, the “Reservation Price”) are paid in full.
(c) All rates are subject to change at any time due to the imposition of taxes or other government charges or other reasons or events beyond Lamphouse’s control. Lamphouse may reissue an invoice for any reservation to reflect any such changes, or to correct any error in the computation of the Reservation Price.
(d) All costs for travel to and from the Hotel, entry visas, passports, health certificates and items or services of a personal nature (including, but not limited to: laundry; meals; alcoholic beverages; spa services; internet access; telephone calls; faxes; gratuities; or, special services) not otherwise specified in the Reservation Confirmation or purchased as an Additional Service is not included in your Reservation or the Reservation Price.
(e) A minimum security deposit of 50% per room or Accommodation, as the case may be, is due when making a Reservation. In some instances, the Security Deposit may exceed this minimum. Lamphouse will advise you of the total amount of the Security Deposit prior to completing your Reservation and processing the Reservation Price. Group bookings are subject to different deposits which will be specified when making a group booking.
(f) The Security Deposit may be used, in part or in full, to set off any amount or other liability owing or which may become owing to Lamphouse by the Guest.
(g) As a Guest, you are responsible for leaving the Accommodation (including any property located at an Accommodation) in the condition it was in at Arrival. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation.
(h) In the event that Lamphouse claims and provides evidence of damage (which, for the purpose of this Article 4, includes loss or theft) to Lamphouse property (“Damage Claim”) to the Guest, including but not limited to photographs or a written statement of a Lamphouse or Hotel employee, you agree to pay the cost of repairing or replacing the damaged property.
(i) If you or any Guest agrees to pay Lamphouse in connection with a Damage Claim, or if Lamphouse determines, in its sole discretion, that a Guest is responsible for damaging an Accommodation or any personal or other property located at, or associated with, an Accommodation or the Hotel, Lamphouse will collect any such costs from you and/or against the Security Deposit. Lamphouse also reserves the right to otherwise collect payment from you and pursue any remedies available to Lamphouse in this regard in situations in which a Guest has been determined, in Lamphouse's sole discretion, to have damaged, or to be otherwise liable for damage to, any Accommodation or any personal or other property located at an Accommodation or the Hotel.
(j) Provided the Guest has not caused any damage to the Hotel or otherwise incurred any charges or liability in respect of the Guest's stay at the Hotel, Lamphouse will refund the full Security Deposit to the Guest within five days of the end of the Reservation or the Guest’s actual departure from the Hotel, whichever is later.
(k) Upon Arrival and check-in to the Hotel, you may be required to provide an additional deposit for incidental charges, including room service or other services which may be charged to your room. Terms, conditions and policies in respect of such a deposit will be explained to you upon check-in or by contacting Lamphouse Customer Service prior to Arrival.
5. Credit Card Processing
(a) Your use of your credit card number to apply payment in respect of the Reservation Price indicates your acceptance of and compliance with these Terms, whether or not you have actually signed the appropriate credit card slip or any other document.
(b) Lamphouse may use a third party payment processor (a “Payment Processor”) for the purpose of charging the Reservation Price, any adjustments or any refunds to or from the credit card you provide at the time a Reservation is made. In order to allow the Payment Processor to complete such transaction certain information about you and your Reservation may be provided to the Payment Processor. Such information may include, but is not limited to: your name; address; phone number; credit card number, expiration date, security code and other particulars; and the Reservation Price. You hereby consent to the disclosure of any required information to the Payment Processor, including in respect of any dispute or investigation that may be initiated by you, the Payment Processor, Lamphouse or the issuer of the credit card.
6. Currency and Local Time
(a) Unless otherwise expressly indicated, all rates, prices and other amounts are
quoted in Canadian funds.
(b) Any reference to time or date is the local time at the Hotel.
(c) For the purpose of computing time, a day means 24 full hours.
(a) For cancellation by Guest, cancellation charges depend on when Lamphouse receives notice of the cancellation (a “cancellation notice”). Minimum cancellation charges are as follows: (i) if a cancellation notice is received six or more days prior to Scheduled Arrival, no cancellation charge is payable by the Guest, and Lamphouse will return the Reservation Price in full;
(ii) if a cancellation notice is received five days or less, but more than 72 hours, prior to Scheduled Arrival, 50% of the Reservation Price (excluding the Security Deposit) will be retained by Lamphouse; and
(iii) if a cancellation notice is received within 72 hours prior to Scheduled Arrival, 100% of the Reservation Price (excluding the Security Deposit) will be retained by Lamphouse.
(b) In the event of cancellation, the Security Deposit paid by the Guest as part of the Reservation Price will be refunded in full by Lamphouse to the Guest within five days of Lamphouse receiving a cancellation notice.
(c) In order to receive a refund of a Reservation Price, in whole or in part, if applicable or available, Guest must request and receive written confirmation of cancellation from the Lamphouse Website, or via email if the cancellation is made through Lamphouse Customer Service.
(d) Any cancellation charges outlined in these Terms or otherwise charged to the Guest are liquidated damages and not a penalty.
(e) Refunds for Additional Services may be subject to additional restrictions, as indicated in the Reservation Confirmation or as indicated at the time any Additional Services are booked.
(f) No reimbursements or refunds will be issued for unused travel services or any component of the Reservation or any Additional Services, except in accordance with these Terms.
(g) Refunds are not granted for bookings cancelled due to inclement weather or illness, unless otherwise cancelled and eligible for a refund in accordance with these Terms.
(h) No refunds or adjustments will be granted if a sale or otherwise reduced price is advertised after a Reservation is confirmed.
(i) If the price of Accommodation is displayed incorrectly on the Lamphouse Website or otherwise in Lamphouse’s reservation system or if the Reservation Price was incorrectly displayed, provided, quoted or charged by Lamphouse, Lamphouse reserves the right to cancel the Reservation at the incorrect price anytime prior to check-in. If a refund is owed to the guest, it will be processed within 7 business days.
(j) In the event that Lamphouse or the Hotel is unable to honour your Reservation, Lamphouse will refund the full Reservation Price, but will not be liable for any cost incurred due to relocation or otherwise, directly or indirectly, as a result of such inability of the Hotel to provide Accommodations. Alternatively, Lamphouse may substitute accommodation of equal or greater quality, including at a location other than the Hotel, at Lamphouse’s discretion.
(k) If you do not check-in for the first night of your reservation but plan to check-in for subsequent nights of the Reservation, you must confirm your intention to arrive late with Lamphouse no later than the day of your Scheduled Arrival to prevent cancellation of the whole Reservation. If you do not confirm such late check-in with Lamphouse, the whole Reservation may be cancelled and no refund will be provided (except for the Security Deposit).
(l) All requested changes to Reservations, including upgrades or changes to the name of the registered guest(s), are subject to Lamphouse’s sole discretion. Any changes must be approved in writing by Lamphouse. Changes are subject to additional charges or adjustment to the Reservation Price. Such changes to the Reservation Price will be communicated to the Guest by Lamphouse prior to any charges to the Guest or the Reservation Price are made.
(m) Lamphouse will contact you at Lamphouse’s earliest convenience to notify you if there are any changes to your Reservation.
(n) Any refunds or credits will be made to the original method of payment, or by such other method that Lamphouse determines, in its sole discretion.
8. Pet-Friendly Accommodation
Lamphouse Hotels prides itself on its ability to offer its guests the convenience of traveling with their pets. When making a reservation, guests must notify Lamphouse Hotels whether pet (maximum of one) will be present during their stay to ensure they can be accommodated accordingly. (a) An additional charge of $25/night for each pet will be applied to the reservation.
(b) There are limited pet-friendly rooms and these specific rooms are the only ones that are able to accommodate pets. If a pet is found in a non-pet-friendly room, due to lack of notification by the guest, a fine of $350 will be charged to the guest.
(c) The guest is responsible for any damage incurred by their pet during their stay and charges will be applied to the reservation upon checkout. Additional cleaning required for excessive mess from pet waste, pet feeding, coat shedding, paw marks on carpet/furniture or the likes, will incur a cleaning fee of $350 for deep cleaning. (d) Pets must be fully house trained and leashed whilst on the property. Pets are not allowed on furniture, bedding or carpeted areas of the property. Pets are not to be bathed in bathrooms.
(e) If pets are to be left alone in the property they must be placed in a kennel or carrier.
(f) Any disturbances, such as barking, must be curtailed immediately to avoid inconveniencing neighboring guests of the property. If lost revenue results from disturbing other guests the owner will be responsible for reimbursement.
(g) Guests are fully responsible, morally and financially, for any and all damages and/or personal injuries resulting from their pet’s presence during their stay.
(h) Guests agree to indemnify and hold harmless the property, its owners and its operators from all liability and damage suffered as a result of the pet’s presence.
(i) Hotel Management reserves the right to perform room inspections during your stay.
9. Special Requests
Lamphouse cannot guarantee that it will satisfy special requests (including, but not limited to, requests for specific rooms or room locations, adjoining rooms, bed sizes, etc.). Lamphouse is not responsible if such requests are not honoured or accommodated.
10. Persons with Disabilities (a) Lamphouse cannot guarantee that all areas of the Hotel or the Accommodations are barrier free, wheelchair accessible, or otherwise accessible by persons with physical or other disabilities.
(b) Neither the Reservation nor the Reservation Price includes any services that may be required as a result of any physical or other disability.
(c) Guests with physical or other disabilities must contact Lamphouse prior to making a Reservation to ensure that the Hotel is able to accommodate the respective Guest’s disability and to determine if accessible or suitable accommodations are available for such Guest.
(d) Guests travelling with equipment that have unusual electrical or other requirements, and those Guests travelling with service animals, are requested to contact Lamphouse Customer Service prior to making a reservation to ensure that the Guest can be fully and properly accommodated.
11. Room and Hotel Changes
(a) Lamphouse may, for any reason, at any time, and without prior notice, substitute Hotels and/or Accommodations for accommodations of equal or greater value than those specified in the Reservation Confirmation, including at a location other than the Hotel, if necessary at the Lamphouse’s discretion. Lamphouse shall not be liable for any loss or additional cost to Guest caused by such substitution.
(b) Occupancy of any Accommodations is limited to the number of people specified in the Reservation Confirmation. Lamphouse reserves the right to limit the number of people that may stay in any room or other Accommodation.
12. Check-in and Check-out
The usual check-in time for the Hotel is 4:00 pm and the usual check-out time is 11:00 am, regardless of your arrival or departure times.
13. Accuracy of Information
(a) Lamphouse will make every effort to ensure that the information about the Hotel, Accommodations, Additional Services and any other information described on the Lamphouse Website or obtained from Lamphouse Customer Service is current and accurate. In the event if any such information is found to be inaccurate, Lamphouse is not responsible for any such inaccuracy or omission.
(b) Hotel and Accommodation information, including photographs, contained on the Lamphouse Website or otherwise provided by Lamphouse Customer Service is provided as a guideline only and not a guarantee that everything is exactly as depicted.
(c) Prices or other information could be different when visiting the Lamphouse Website or contacting Lamphouse Customer Service at different times, including on the same date.
14. Compliance with Local and Other Laws
The Guest is responsible for knowing, obeying and complying with the laws and regulations of Canada, Alberta and Canmore as they apply to the Guest’s stay in Canmore and at the Hotel. Neither Lamphouse nor any Hotel staff has any duty to inform or warn Guest about any laws or regulations.
15. Assignment of Terms
You may not assign or transfer these Terms, by operation of law or otherwise, without Lamphouse’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Lamphouse may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
16. Modification or Amendment of Terms
(a) Lamphouse reserves the right, at its sole discretion, to modify the Lamphouse Website, any Additional Services or Accommodation, or to modify these Terms, including in respect of fees, policies and prices, at any time and without prior notice.
(b) If Lamphouse modifies these Terms, we will post the modification on the Lamphouse Website and/or provide you notice of the modification by email. Lamphouse will also update the date at the top of these Terms.
(c) Changes to the Terms will be effective at the time of posting to the Lamphouse Website.
(d) Your continued access or use of the Lamphouse Website, or your use of the Accommodations, the Hotel or Additional Services, will constitute your acceptance of such modified Terms.
(e) If such modified Terms contain material changes applicable to an existing Reservation (by decreasing your rights, increasing your responsibilities or otherwise changing a fundamental term of a Reservation or your use of the Accommodations, the Additional Services or the Hotel), Lamphouse will attempt to provide you with notice prior to the changes taking effect.
(f) If the modified Terms are not acceptable to you, your only recourse is to cease using the Lamphouse Website and to cancel your Reservation in accordance with these Terms. If you do not cancel your Reservation and close your Lamphouse Account (if you have one) you will be deemed to have accepted the modified Terms in full.
17. No Waiver and Severability
(a) The failure of Lamphouse to enforce any right or provision of these Terms will not
constitute a waiver of future enforcement of that right or provision.
(b) The waiver of any right or provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Lamphouse.
(c) Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(d) If any term or condition or any portion of the Terms is held invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect, and, if possible, the portion(s) found unenforceable will be construed in a manner consistent with the remaining portions.
(a) Any notices or other communications to the Guest permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Lamphouse to the Guest via the email, postal address or phone number that you provide or by posting such information to the Lamphouse Website. (b) Written notice or any claim against Lamphouse must be addressed as indicated below and received by Lamphouse no later than 14 days of the end of the Reservation. Send notice or claim to: 1102 Bow Valley Trail, Canmore, AB T1W 1N6
19. Limitation of Liability
(a) LAMPHOUSE’S LIABILITY FOR ANY LOSS, DAMAGE OR INJURY, WHETHER TO PROPERTY, PHYSICAL OR MENTAL, ARISING FROM ITS OWN ACTS, OMISSIONS OR NEGLIGENCE, IS LIMITED TO THE RESERVATION PRICE (LESS THE SECURITY DEPOSIT) THAT YOU PAID TO LAMPHOUSE FOR THE RESERVATION WITH RESPECT TO WHICH YOU ARE CLAIMING.
(b) You agree to indemnify and save harmless Lamphouse against any liability, actions (including legal fees), claims, losses, costs and damages, which Lamphouse may incur, sustain or pay arising out of or in connection with the customer’s negligent or intentional act or omission, in relation to any incident alleged to have occurred in relation to Accommodations, the Hotel, Additional Services, or other services provided by Lamphouse.
(c) Lamphouse assumes no responsibility for any claim, loss, damage, cost or expense arising out of personal injury, accident or death, loss, damage, delay of baggage or other property, or delay, inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from any of the following: (i) the act of omission of any third party including suppliers, vendors or Service Providers;
(ii) sickness, death, theft, labour dispute, mechanical breakdown, quarantine, government actions, weather, or any other cause beyond our direct control;
(iii) your failure to obtain the documentation required for your travel to the Hotel such as passports, visas, and certificates;
(iv) your failure to follow instructions provided by Lamphouse on the Reservation Confirmation, the Lamphouse Website, through Lamphouse Customer Service, or otherwise; or
(v) cancellation or change of the Reservation for any reason, except as provided in these Terms.
20. Release, Waiver, and Indemnity
(a) Any optional and/or physical activity that you choose to undertake at the Hotel, as a result of your voluntary purchase of an optional tour, excursion or activity inside or outside of the Hotel, including but not limited to Additional Services, may inherently create a risk of personal injury, death, loss or damage to you and/or your personal possessions.
(b) You hereby expressly agree to assume the entire risk of any and all such injury, death, loss or damage which you may suffer during or arising out of your participation in such optional tour, excursion or activity, or Additional Services, howsoever caused.
(c) Lamphouse may make arrangements with independent contractors (“Service Providers”) to provide services in connection with optional tours, excursions, activities or Additional Services. Lamphouse exercises great care in choosing its Service Providers, but does not have control over them and therefore cannot accept responsibility for, nor can be held liable for, any acts or omissions or negligence of the Service Providers, their employees, servants, agents, subcontractors or unrelated third parties.
(d) Some Service Providers may not be agents or employees of Lamphouse, notwithstanding their use of any signage or clothing which may contain the name “Lamphouse” or other related trade names or logos. Moreover, these optional tours, excursions and activities are subject to conditions and limitations imposed by such Service Providers as well as any applicable laws.
(e) You hereby release, discharge and indemnify Lamphouse from any and all liability or claims of any nature arising out of or in relation to any loss, damage, death, injury or illness whether physical or mental, resulting from any delay, substitution of equipment, or any act, omission or negligence of Service Providers, their employees, servants, agents, subcontractors or unrelated third parties resulting from or arising out of any optional tours, excursions, activities or Additional Services in which you voluntarily participate and/or any optional tour, excursion, activity or Additional Services arranged at the request and/or cost of any Guest, whether booked prior to Arrival or while at the Hotel, and you agree to accept all risks associated therewith. You hereby expressly waive any claim against Lamphouse for any cause of action or liability arising out of or related to the actions, omissions, or negligence of any person or party other than Lamphouse. Furthermore you understand and agree that you forever discharge and indemnify Lamphouse from any and all claims of any nature arising out of or related to any optional tours, excursions, activities or Additional Services, and agree to assume all risks associated therewith.
(f) Regardless of Lamphouse’s liability, any incidents, including injuries, service cancellation or problem, or any dissatisfaction must be reported to Lamphouse as soon as possible to allow Lamphouse an opportunity to provide assistance, investigate, and to otherwise obtain and secure evidence.
21. Force Majeure
(a) Lamphouse and/or its suppliers and contracts cannot assume liability for any loss, damage or injury of any nature in whole or in part resulting from an act of God or any other force majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, water or power shortages or failures, tropical storms or hurricanes, avalanche, road closures, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, strikes or other labour disruptions, restraints of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories or warnings or alerts of any kind or nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to the Hotel or its facilities or any other factor unforeseen by Lamphouse that impacts negatively on or hampers its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, Lamphouse shall be excused, discharged and released from its liability and performance to the extent such performance is so limited or prevented, without liability of any kind.
(b) A refund will not be granted where cancellation of a Reservation must be made by Lamphouse or a Guest for any force majeure.
22. Entire Agreement
(a) Except as they may be supplemented by a document referenced and incorporated herein or by additional Lamphouse policies, guidelines, standards, or terms for the Hotel or for a specific Accommodation product, feature, service, Additional Services or offering, these Terms constitute the entire and exclusive understanding and agreement between you and Lamphouse regarding the booking and modification of a Reservation, the use of the Accommodations, and the use of the Hotel or Accommodations pursuant to any Reservation made through the Lamphouse Website or by way of Lamphouse Customer Service.
(b) These Terms supersede and replace any and all prior oral or written understandings or agreements between you and Lamphouse regarding Reservations, the Hotel or Accommodations, including, but not limited to: any advertising or promotional materials; communication of any kind in respect of Lamphouse, the Hotel, Accommodations, Additional Services or Reservations; or any communication with Lamphouse Customer Service or through the Lamphouse website to the extent of any inconsistency.
(d) You agree that Lamphouse’s Website Terms and Conditions (as may be updated from time to time) governs your use of the Lamphouse Website.
(a) These Terms are to be interpreted and governed by, and construed in accordance with, the laws of the Province of Alberta and the federal laws of Canada applicable therein and are to be treated in all respects as an Alberta contract.
(b) Any and all disputes arising under these Terms, whether as to interpretation, performance or otherwise, are subject to the exclusive jurisdiction of the courts of the Province of Alberta. You hereby irrevocably submit and attorn to the jurisdiction of the Courts of the Province of Alberta.
Les parties aux présentes ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent et/ou qui en découleront soient rédigés en la langue anglaise. The parties hereto have required that these Terms and all documents and notices resulting herefrom be communicated only in English.