Terms & Conditions
The Trans Canada Trail (the “Trail”) is Canada’s nationwide trail system. It is the longest multi-use trail system in the world, reaching every province and territory and connecting all three of Canada’s coastlines, and it is still growing. Each section of the Trail is managed locally. Trans Canada Trail (“Trans Canada Trail”, “we” or “us”), is a registered charity that advocates for, stewards and champions the Trail through collaboration and partnerships with local trail organizations, corporate partners and local governments, providing leadership, guidance, resources, outreach and engagement (the “Mission”).
This website and the mobile applications and services available in connection with this website, including our websites tctrail.ca and sentier.ca and applications for mobile devices (the “Trail Apps”), as well as any fundraising platform including GreatCanadianHike.ca (collectively, the “Site”), are made available to users (“users” or “you”) by Trans Canada Trail subject to these terms and conditions, including those set forth in the Trans Canada Trail Privacy Policy (the “Terms”). By accessing, using or downloading any materials from the Site, you agree to follow and be bound by the Terms, which may be updated by Trans Canada Trail from time to time without notice to you. You can review the most current version of the Terms at any time at Terms & Conditions.
Trans Canada Trail and its third party providers may make improvements and/or changes in the information, images, videos, products, services, mobile applications, features, programs, and prices described in the Site (“Content”) at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages or Apps on the Site.
BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
Trans Canada Trail reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portion thereof with or without notice.
The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site.
Content Submitted to the Site
You grant Trans Canada Trail a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit any information about yourself or others that you submit or make available to the Site (including your Feedback and information you submit on GreatCanadianHike.ca), (collectively, “Your Content”) and agree that such information forms part of the Content of the Site, and Trans Canada Trail may use such information for the purposes for which you submitted or made the information available, including to provide and promote the Site, and the features and services available on the Site, and otherwise to advance and support Trans Canada Trail’s Mission.
Conditions of Use
As a condition of use of the Site, you agree to accurately represent yourself, any fundraising efforts, or other information you provide to the Site. You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Trans Canada Trail. By way of example, and not as an exhaustive list, you agree that you will not
- access content and data that is not intended for you;
- impersonate any person or entity, or misrepresent any information you provide to us;
- communicate via the Site or any part of it in an abusive or offensive manner;
- engage in unauthorized scraping, spidering or harvesting of Content, or use any other unauthorized means to compile information from Site or any part of it, including for clarity from any related App or peer-to-peer fundraising platform;
- exploit the Site, including any Trail App, fundraising platform or any of our services in any unauthorized or unlawful manner whatsoever, including but not limited to, trespass or burdening network capacity, attempting to circumvent or violate the security of the Site or any part of it, or to disrupt or interfere with the proper functioning of the Site or any part of it;
- reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, republish or transmit any material on the Site or any part of it; or
- engage in any other conduct that restricts any person from using the Site or any part of it, or otherwise access or use the Site or any part of it for any other purpose that is not permitted under applicable laws; or that, in our sole judgement, exposes us, other users, or any third party to any liability, damages or detriment of any type.
You are responsible for protecting any other identifiers or credentials used to facilitate access to any part of the Site, and are responsible for all uses of those credentials, including unauthorized use by third parties or use without your consent, and acknowledge that Trans Canada Trail shall not be responsible for verifying the identity of any users.
If you participate in the Great Canadian Hike, you agree to comply with the community guidelines and terms available on that platform.
Links
The Site may provide, or third parties may provide, links to external Internet websites or resources. You acknowledge and agree that Trans Canada Trail is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Trans Canada Trail or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.
Proprietary Rights
You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any Content available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Trans Canada Trail or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or Content available on the Site (other than Your Content), in whole or in part.
Trans Canada Trail grants you a personal, non-transferable and non-exclusive right and license to access and use the Site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site. You agree not to access the Site by any means other than through the interface that is provided by Trans Canada Trail for use in accessing the Site.
The term Trans Canada Trail, the Trans Canada Trail logo and other Trans Canada Trail logos and product and service names are the exclusive trademarks of, and are owned by, Trans Canada Trail, and you may not use or display such trademarks in any manner without Trans Canada Trail’s prior written permission. Any third party trademarks or service marks displayed on the Site are the property of their respective owners.
Trans Canada Trail reserves all rights not expressly granted hereunder.
Claims of Copyright Infringement
If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below.
If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted on the Site links to materials that infringe your copyright. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Site; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Your notice must be signed (physically or electronically) and must be addressed as follows:
Copyright Agent c/o Trans Canada Trail
150 Elgin Street, 8th Floor,
Suite 1053, Ottawa, ON
K2P 1L4
info@tctrail.ca
Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to Trans Canada Trail a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Trans Canada Trail any Feedback that you do not wish to license to us as set forth above.
Disclaimers
Trans Canada Trail is a national organization that publishes a wide range of information about the Trail, including resources, maps, suggested itineraries and activities to assist users in planning their trips on the Trail. Trans Canada Trail makes no warranties, either expressed or implied, and assumes no responsibility for the accuracy of the information available on the Site. Users of the Trail assumes the entire responsibility and risk as to the use of or reliance on any or all information presented on the Site. If you are planning a trip on the Trail, you should not rely solely on the Site. You should consult other resources for the most up to date information, including Parks Canada, local trail organizations and local weather information.
By participating in any hike or other trip along the Trail, including without limitation the Great Canadian Hike, users acknowledge they do so at their own risk and are responsible for ensuring their own physical safety and compliance with local laws and trail use guidelines.
No Warranties
The Site and all parts of it, including GreatCanadianHike.ca are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind.
Trans Canada Trail does not warrant that the Site or any part of it, or the Trail Apps, or any platform used for fundraising by Trans Canada Trail, including GreatCanadianHike.ca will be uninterrupted, timely, or error-free, nor does Trans Canada Trail makes any representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date. Your use of the Site is at your own risk and neither Trans Canada Trail nor its licensors (if applicable) has any responsibility or liability whatsoever for your use of the Site or the Content including without limitation for any loss or corruption of information, incomplete transactions, or inaccuracy of data. Trans Canada Trail cannot and does not guarantee or warrant that files or data available for downloading from the Site will be error free, free of viruses or other destructive code. To the extend permitted under applicable law, Trans Canada Trail waives all liability relating to your use of the Site and your computer, internet, and data security.
Indemnity
You agree to indemnify and hold Trans Canada Trail and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the Trans Canada Trail, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and Trans Canada Trail as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and Trans Canada Trail with respect to your use of the Site. The failure of Trans Canada Trail to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Trans Canada Trail’s notice to you via email, regular mail or notices or links on the Site shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Support and Questions
We welcome your questions and comments regarding these Terms. Please send any questions or comments via email to info@tctrail.ca
