By using the www.edgard.ca website (the “EDGARD Platform“) and transactional pages (in the latter case, available to Members only), you agree to abide by these Terms of Use, the Terms of Sale and our Privacy Policy, which are subject to change without notice. In addition, you agree to review these Terms of Use, Terms of Sale and Privacy Policy from time to time and acknowledge that your continued use of the EDGARD Platform signifies your acceptance of any changes that may have been made.
For purposes hereof, the terms “EDGARD”, “we”, “us” and “our” refer to the EDGARD Platform, which can be reached at 819-277-6072 or info@edgard.ca. The term “you” refers to the visitor of the EDGARD Platform.
EDGARD offers a subscription service that allows members of the EDGARD community (“Members“) exclusive access to unoccupied seats on charter flights operated by partner airlines for the benefit of its employees. As used herein, the terms “EDGARD service,” “our service,” or “the service” mean the service provided on the EDGARD Platform to search for and access flight opportunities from partner airlines, including all functionality, our websites and user interfaces, and all content and software associated with our service, including but not limited to the ability to charter a flight.
1.1 Only Members are entitled to the EDGARD service. Your subscription to the EDGARD Platform continues until terminated. To use the EDGARD service, you must have Internet access and a device that is compatible with the EDGARD Platform, and you must provide us with one or more Payment Methods. A “Payment Method” means a current, valid, accepted payment method that may be updated from time to time and may include payment through your account with a third party. Unless you terminate your subscription prior to your billing date, you authorize us to bill you for the subscription fees for the next billing cycle via your Payment Method (see “Termination” below).
1.2 Subscription packages have detailed terms and restrictions, which you will be informed of at the time of registration or in other communications made available to you. Specific details of your EDGARD subscription can be found by visiting the EDGARD Platform and clicking on the “Profile” link available at the top of the pages under your profile name.
In order to become a Member, you must warrant that: (a) you are the duly authorized representative of a legal entity (corporation, partnership, limited partnership, joint venture, not-for-profit legal entity) that employs individuals who are required to travel on behalf of the Member from time to time, (b) you are of the age of majority in your province of residence, (c) you have the legal right to incur a legal obligation on behalf of the Member, (d) you will use the EDGARD Platform in accordance with these Terms of Use and exclusively for the account of the Member (e) you will use the EDGARD service only to make legitimate travel reservations for employees of the Member made on the Member’s behalf, (f) you will inform such employees of the Terms of Use that apply to the reservations you make on their behalf, including any rules and restrictions applicable thereto, and (g) all information provided by you on the EDGARD Platform is true, accurate, valid and complete.
If you have created a profile on the EDGARD Platform, you are responsible for protecting the information in that profile and for supervising the use of your profile by you or any other person, and you will take full responsibility for doing so. Our Privacy Policy applies to all subscriber profiles. If your reservation or profile shows signs of fraud, misuse or suspicious activity, EDGARD may cancel any reservation associated with your name, email address or profile and close any associated profile. If you have engaged in fraudulent activity, EDGARD reserves the right to take legal action and you may be liable for financial losses to EDGARD, including litigation costs and damages. To dispute the cancellation of a reservation or the freezing or closing of a profile, please contact us at the contact information listed at the beginning of these Terms of Use.
4.1 Any software that may be downloaded from the EDGARD Platform (“Software“) is the copyrighted work of EDGARD and/or its suppliers. Your use of such Software is subject to the final terms and conditions of the license agreement, if any, that accompanies or is included with the software (a “License Agreement“). You may not install or use any Software that is accompanied by or includes a License Agreement unless you have first agreed to the terms of the License Agreement. For any Software that may be downloaded from the EDGARD Platform that is not accompanied by a License Agreement, we grant you, the visitor, a limited, personal, non-exclusive, non-transferable license to download, install and use the Software to display or use the EDGARD Platform in accordance with these Terms of Use and for these purposes only.
4.2 Please note that all Software, including all HTML code and Active X controls contained on the EDGARD Platform, is the property of EDGARD and/or their respective suppliers 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 fullest extent of the law.
4.3 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANOTHER SERVER OR LOCATION, WHETHER FOR REPRODUCTION OR REDISTRIBUTION, IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
5.1 Content of the EDGARD Platform
5.1.1 Errors or omissions. We strive to ensure that the information on the EDGARD Platform is reliable when posted. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free of errors or omissions, or that it is current at all times. We cannot guarantee that the EDGARD Platform will be accessible at all times, without interruption or without error. We are not responsible for any damages that may result from the inaccessibility of the EDGARD Platform or any difficulties you may experience in accessing the EDGARD Platform, including interruption of service, network failure, hardware or software malfunction, or any faulty, incomplete, incomprehensible or deleted transmissions, whether or not such difficulties have been brought to our attention.
5.1.2 Damages. In general, without limiting the specific limitations of liability set forth in these Terms of Use, and notwithstanding any contrary provision, we will not be liable for any damages that may result from or relate to the EDGARD service, the EDGARD Platform or its contents.
5.1.3 The EDGARD Platform (including its content) and the EDGARD service are provided “as is” and “as available” without warranty, condition or representation of any kind, either express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement, and without warranty as to title, quality, performance, accuracy, completeness or timeliness; EDGARD hereby expressly declines all liability in this regard to the fullest extent permitted by law.
5.1.4 In no event shall EDGARD or its suppliers, representatives and contractors be liable for any direct, indirect, punitive, incidental, special, economic, exemplary or consequential damages arising out of the use of, or delay or inability to use, the EDGARD Platform or the EDGARD service, including without limitation, damages arising out of a failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, failure to transmit any notification, email or text message that is lost, intercepted, reviewed or altered by anyone, or a text message transmitted to a valid telephone number that you have provided us but for which you do not have or no longer have the number, a computer virus or other damage to your mobile device, computer, computer network or other property, communication line failure, theft or destruction or alteration or use of records, data, information or programs, or loss of use of your mobile device, computer, computer network or other property, information or programs, or unauthorized access to records, data, information or programs, whether in contract, tort (including negligence), strict liability or otherwise, even if EDGARD or its suppliers, agents and contractors have been advised of the possibility of such damages. Where applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages, this limitation or exclusion may not apply to you.
5.1.5 Compensation. As a condition of your use of or access to the EDGARD Platform, you agree to provide a statement of defence to any suit, action or proceeding brought against EDGARD and its officers, directors, employees, agents, and licensees, and you guarantee to EDGARD and its officers, directors, employees, agents, and licensees from and against any and all claims, demands, suits, actions, legal proceedings, obligations, judgments, penalties, taxes, fines, and damages, costs and expenses (including reasonable attorneys’ fees) arising out of (a) the EDGARD Service (b) information, including personal information, provided by you to us on your behalf or on behalf of a third party; (c) your use of the EDGARD Platform (or the use of anyone else acting under your name or profile); or (d) a violation of these Terms of Use.
5.2 EDGARD Platform Features
5.2.1 Classification of results. As a visitor to the EDGARD Platform, you have many features to help you find the flight that’s right for you. The ” sort” settings allow you to sort the search results according to your preferences, based on the criteria set out in the search results. The ” filters ” allow you to include or exclude various options that meet your needs. If you do not select any options, the default sort order is by date of flights.
5.2.2 Links to other sites. The EDGARD Platform contains hyperlinks that may direct you to the websites of our service providers or third parties. The fact that the EDGARD Platform provides links to other websites does not mean that we endorse or approve the content of those websites or the products, services or publications that may appear on them. The content available through these hyperlinks is not subject to our policies. Therefore, we are not responsible for any damages you may suffer when you are redirected to another website by means of a hyperlink.
These Terms of Use shall be governed by the laws applicable in the Province of Quebec and the applicable laws of Canada, without regard to conflict of laws. You hereby agree that any dispute arising out of or relating to the use of the EDGARD Platform shall be subject to the jurisdiction of the Quebec courts in the district of Rouyn-Noranda.
These Terms of Use are binding upon EDGARD and you and our respective heirs, agents, legal representatives, assignees, successors (including any successor resulting from a merger or other statutory arrangement), and assignees.
You shall not assign or transfer your rights and obligations hereunder without the prior written consent of EDGARD, which consent may be withheld in EDGARD’s sole discretion.
If you have any questions or concerns regarding your use of the EDGARD Platform, please contact us using the contact information at the beginning of these Terms of Use.
EDGARD reserves the right to update the Terms of Use at any time and without notice of changes to legal or regulatory requirements. You can see when the Terms of Use were last updated by checking the “last updated” date at the top of the Terms of Use..
You acknowledge that your subscription to the EDGARD Service, the products, commodities and services on the EDGARD Platform or referenced or described therein, or obtained or obtainable by you in any manner on the EDGARD Platform, whether from EDGARD or a third party, are subject to additional terms and conditions, including without limitation those relating to payment of amounts due and availability of rates, products, commodities and services, and you agree to comply with all such terms and conditions.
