Terms of Service

Last Updated: October 15, 2023

1. Introduction

Welcome to travel-secretwhisper.com, operated by Professional Tools Canada. By accessing or using our website, you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using our services.

If you do not agree with any part of these Terms, you must not access or use our website or services.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. The most current version will be posted on our website with the "Last Updated" date. Your continued use of the website after any changes constitutes your acceptance of the new Terms.

We encourage you to review these Terms periodically for any changes.

3. Accessing the Website

We reserve the right to withdraw or modify our website and any service or material we provide at any time without notice. We will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period.

You are responsible for:

  • Making all arrangements necessary for you to have access to the website
  • Ensuring that all persons who access the website through your internet connection are aware of these Terms and comply with them

4. Account Creation and Security

Some features of our website may require you to create an account. When you create an account, you agree to provide accurate, current, and complete information. You are solely responsible for:

  • Maintaining the confidentiality of your account and password
  • Restricting access to your computer or mobile device
  • Accepting responsibility for all activities that occur under your account or password

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

5. Intellectual Property Rights

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Professional Tools Canada, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
    • You may store files that are automatically cached by your web browser for display enhancement purposes
    • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
  • Modify copies of any materials from this site
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site

If you wish to make any use of material on the website other than that set out in this section, please address your request to: [email protected]

6. Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms. You agree not to use the website:

  • In any way that violates any applicable federal, provincial, local, or international law or regulation
  • To exploit, harm, or attempt to exploit or harm minors in any way
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate the company, a company employee, another user, or any other person or entity
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which may harm the company or users of the website or expose them to liability

Additionally, you agree not to:

  • Use the website in any manner that could disable, overburden, damage, or impair the site
  • Use any robot, spider, or other automatic device, process, or means to access the website for any purpose
  • Use any manual process to monitor or copy any of the material on the website
  • Use any device, software, or routine that interferes with the proper working of the website
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website

7. User Contributions

The website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions") on or through the website.

All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the website, you grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above
  • All of your User Contributions comply with these Terms

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the company, have full responsibility for such content.

8. Content Standards

User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations
  • Be likely to deceive any person
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

9. E-Commerce

For products and services made available through the website:

  • All items are subject to availability
  • We reserve the right to limit quantities of items purchased
  • Prices are subject to change without notice
  • We strive to accurately display product colors, but cannot guarantee that your computer's display will accurately reflect actual product colors
  • We reserve the right to refuse or cancel orders at any time

For more detailed information on shipping, returns, and refunds, please see our separate policies on those topics.

10. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.

THE WEBSITE AND ALL CONTENT, FUNCTIONALITY, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless the company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.

13. Governing Law and Jurisdiction

All matters relating to the website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

14. Waiver and Severability

No waiver by the company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Entire Agreement

These Terms, our Privacy Policy, and any other terms and conditions or policies referenced herein constitute the sole and entire agreement between you and Professional Tools Canada regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

16. Contact Information

Questions or comments about the website or these Terms of Service should be directed to: