Terms & Conditions

Pomegranate Journeys Inc. Terms of Use

1. Definitions

This Web site (www.pomegranate.travel) is an online service operated by Pomegranate Journeys Inc. ("The Site"), on the World Wide Web of the Internet, and consists of information, services, and content provided by the The Site. By accessing the The Site, you have deemed to have agreed to comply with all of the terms and conditions hereof.

2. General

Pomegranate Journeys Inc. shall have the right at any time to change or discontinue any aspect or feature of the The Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms

Pomegranate Journeys Inc. shall have the right at any time to change or modify the terms and conditions applicable to your use of the The Site or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on The Site or by any means of notification by which you obtain actual knowledge thereof. Any use of the The Site by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.

4. Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of The Site and all charges related thereto.

5. Your conduct.

(A) You shall use The Site for lawful purposes only. You shall not post or transmit through The Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute criminal offense, give rise to civil liability or otherwise violate any law, or which, without Pomegranate Journey's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a you that in The Site's discretion restricts or inhibits any other users from using or enjoying The Site will not be permitted.

(B) The Site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Web site are copyrighted as a collective work under the United States and Canadian copyright laws. Pomegranate Journeys owns and/or controls copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of Pomegranate Journeys and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

(C) You shall not upload, post or otherwise make available on The Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials uploaded are in the public domain. You shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submission. You hereby grants the Pomegranate Journeys the non-exclusive right without limitation to edit, copy, publish and distribute any material made available on the The Site by you including but not limited to any material posted by you on the Web site's forums, and any email queries submitted by you to Pomegranate Journeys, including without limitation publish and distribute such material on The Site and in any print publications published and distributed by Pomegranate Journeys or any of its affiliates. Specifically, without limitation, Pomegranate Journeys may from time to time reproduce selected user email queries forums so that other users may respond hereto.

6. Disclaimer of Warranty; Limitation of Liability.

(A) YOU EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. POMEGRANATE JOURNEYS INC DOES NOT WARRANT THAT THE THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

(B) THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGES THAT THE ONLINE DISTRIBUTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

7. Monitoring

Pomegranate Journeys shall have the right, but not the obligation, to monitor the content of the Web site, including bulletin boards and forums, to determine compliance with this Agreement and any operating rules established by Pomegranate Journeys. Pomegranate Journeys shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, Pomegranate Journeys shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of this User's Agreement access to the Web site.

8. Indemnification

You agrees to indemnify and hold harmless Pomegranate Journeys Inc. from and against all claims and expenses, including attorneys' fees, arising out of the use of the Web site by you.

User Agreement

Pomegranate Journeys Inc. Website Terms, Conditions and Notices Dec. 23, 2009

This Website is provided solely to assist customers in gathering information regarding our trips, booking trips and interacting with other website features. The terms “we”, “us”, “our”, “Pomegranate Journeys” and “PJ” refer to Pomegranate Journeys Inc., a Canadian corporation and/or our subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement, just as if you had signed this agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. 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:

• (i) use this Website or its contents for any commercial purpose;
• (ii) 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;
• (iii) 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;
• (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• (v) deep-link to any portion of this Website for any purpose without our express written permission;
• (vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization;
• (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used in connection with the Website or the services;
• (viii) resell, redistribute, broadcast,transfer or use the information or content in a searchable, machine-readable database;
• (ix) use the Services to collect personally identifying information about users of the Services in violation of our Privacy Policy

TRAVEL DESTINATIONS

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Pomegranate Journeys urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the Canadian and United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.voyage.gc.ca/index-eng.asp www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, POMEGRANATE JOURNEYS DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS 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, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. POMEGRANATE JOURNEYS, ITS SUBSIDIARIES AND CORPORATE AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY CONTENT APPEARING ON THIS WEBSITE OR THE INFORMATION AND DESCRIPTION OF THE HOTEL AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.)

POMEGRANATE JOURNEYS INC. MAKES 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 POMEGRANATE JOURNEYS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. POMEGRANATE JOURNEYS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE SITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POMEGRANATE JOURNEYS HEREBY DISCLAIMS 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 PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL POMEGRANATE JOURNEYS, THEIR PARTNERS (ITS OFFICERS, DIRECTORS AND AFFILIATES) 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 WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED 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, OR OTHERWISE, AND EVEN IF POMEGRANATE JOURNEYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of POMEGRANATE JOURNEYS and its corporate affiliates and parent companies.

INDEMNIFICATION

You agree to defend and indemnify POMEGRANATE JOURNEYS and any of their officers, directors, employees and agents from and against any claims, causes of action, suits or proceedings, demands, recoveries, losses, liabilities, 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:

• (i) your breach of this Agreement or the documents referenced herein;
• (ii) your violation of any law or the rights of a third party; or
• (iii) your use of this Website.
• (iv) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of this User Agreement; and (d) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than POMEGRANATE JOURNEYS. 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.

SOFTWARE AVAILABLE ON THIS WEBSITE

Unless otherwise specified, the materials on the Website are presented solely to provide information regarding and to promote POMEGRANATE JOURNEYS’s services, websites, partners and other products. Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned or licensed by POMEGRANATE JOURNEYS, and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

CURRENCY CONVERTER

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 may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but POMEGRANATE JOURNEYS does 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.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2009 POMEGRANATE JOURNEYS Inc. All rights reserved. POMEGRANATE JOURNEYS is not responsible for content on websites operated by parties other than POMEGRANATE JOURNEYS. POMEGRANATE JOURNEYS, and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of POMEGRANATE JOURNEYS and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of POMEGRANATE JOURNEYS or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of POMEGRANATE JOURNEYS and may not be copied, imitated or used, in whole or in part, without the prior written permission of POMEGRANATE JOURNEYS. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by POMEGRANATE JOURNEYS.

Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

GENERAL

This Website is operated by a Canadian entity and this Agreement is governed by the laws of the Province of Ontario. You hereby consent to the exclusive jurisdiction and venue of courts in Ontario, 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. You agree that all claims you may have against Pomegranate Journeys Inc. arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the province of Ontario. Since you should have no reason to have a grievance with us, as a disincentive to unwarranted litigation, you agree that if you sue us and don't win, you will pay all our costs, including reasonable fees for in-house and outside counsel. U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this User Agreement. 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.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and the POMEGRANATE JOURNEYS 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 concerning 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 6 months 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 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.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Pomegranate Journeys concerning this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Pomegranate Journeys concerning 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. The headings used in this Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this Agreement or any provision hereof.

Any rights not expressly granted herein are reserved.

Pomegranate Journeys
2441 Guenette Montreal, Quebec Canada
H4R 2E9