The term “Pelican Club”, “we” and “us” refers to Pocha Hospitality Inc. Trading as “The Pelican Club”; a company incorporated under the laws of the Government of Canada and the Province of Ontario. The Pelican Club is a registered member of the Travel Industry council of Ontario (TICO) #50025195.
1. Definitions and Interpretations
1.1 In these conditions the following definitions apply: Conditions: these terms and conditions as amended from time to time. Member: a person registered as a member of the Members Club Membership: means membership of the Membership Club Membership Club: means The Pelican Club owned by Pocha Hospitality Inc. Membership Fee: means the annual membership fee payable by the Member to The Pelican Club. Joining fee: means the fee payable by the Member to The Pelican Club upon acceptance of a membership application. Trip Fee: means the fee payable by the client to The Pelican Club for planning one trip only. Website: means www.thepelican.club Request: means a request placed by a Member with The Pelican Club for The Pelican Club to arrange the supply of goods and/or services from a third party on the Member’s behalf Services: means the concierge, travel and lifestyle management services provided by ThePelican club to its members as part of their membership Supplier: means a supplier engaged by The Pelican Club on behalf of and as agent for a Member to provide goods and/or services to that member. Benefits: means the benefits available to Members by Suppliers.
1.2 In these Conditions the following rules apply; (a) A person includes a natural person, corporate or incorporated body (whether or not having separate legal personality) (b) A reference to a party includes its personal representatives, successors or permitted assigns (c) A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to acute or statuary provision includes an subordinate legislation made under the statute or statutory provision, as amended or re-enacted. (d) Any phrase introduced by the terms including include or in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. (e) A reference to writing and written includes emails.
2.1 The Pelican Club is a membership club that grants its members exclusive booking and travel privileges. In order to engage our services: (i) A person must first complete the membership application that has been provided to you and, receive written confirmation from The Pelican Club that you have been accepted as an annual member, and pay the Joining Fee and Membership Fee in the manner set out herein. (ii) alternatively, you may elect to engage our Services for a single trip for a fee that may be determined by The Pelican Club from time to time, in which case, you will be deemed a Member for the period commencing on the date payment in full is received by The Pelican Club, and terminating on the date your itinerary with us concludes. During such period, all rights and obligations set out in these Terms and Conditions shall apply to you.
The Pelican Club Membership shall at all times be governed by these Terms and Conditions, which may be amended or modified by The Pelican Club, in its sole discretion, from time to time.
2.2 All Membership applications are subject to acceptance by The Pelican Club at its sole discretion. The Pelican Club shall notify applicants in the event that his or her Membership application has been accepted. The Pelican Club is under no duty to disclose its reasons for rejecting any Membership application.
2.3 You are obliged to provide correct personal details when you apply forMembership. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify The Pelican Club promptly in the event that any information provided by you in connection with your Membership changes.
2.4 Your Membership is personal to you. You are responsible for ensuring that no one other (other than your personal assistant on your behalf, where applicable) uses or accesses the privileges available to you through your Membership.Should you wish to designate another person (booking agent, personal agent) to correspond with us on your behalf, you must first provide us with written notice that you authorize such person to do so.
2.5 Access to and use of your personalized Membership section of the Website is through a combination of user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify The Pelican Club immediately if you believe that there has been any breach of security, including the unauthorized use of your name and password.
3.1 For the first year of your Membership, Membership Fees and the Joining Fees payable shall be confirmed to you prior to acceptance of your Membership application. The Joining Fee shall be payable in full upon acceptance of yourMembership application. Any increase or decrease to the Membership Fees for subsequent years of Membership will be notified to all Members in advance or their Renewal Dates.
3.2 You acknowledge that your payment of the Joining Fee constitutes your express request for us to begin to supply you with the Services.
3.3 Subject to Clauses 3.5, 3.6 and 3.12, Membership Fees are non-refundable. YourJoining Fee covers our costs in setting up your Membership and is non-refundable in all circumstances.
3.4 You have the right to cancel your Membership until the end of 14 days after the day on which we accept your Membership application ("Cancellation Period") and we would ask that you inform us of your decision in writing.
3.5 If you cancel your Membership within the Cancellation Period, you will be reimbursed for your Membership Fee, less deductions for the Services we have performed up until you informed us of your decision to cancel.
3.6 The Pelican Club reserves the absolute right to cancel or suspend your Membership where it has reason to do so. If The Pelican Club cancels your Membership, where it is reasonable to do so The Pelican Club shall refund the balance of the current annual Membership Fee on a pro rata basis in respect of the unexpired period to which the annual Membership Fee relates, provided that, your Membership Fee shall be non-refundable in the event you permit another person to use your Membership in contravention of Clause 2.6.
3.7 Membership Fees are due on acceptance of your Membership application and annually thereafter (the "Renewal Date"), and full payment will betaken by The Pelican Club annually in advance by direct debit or payment by a credit or debit card which you have authorized us to deduct such payment from("Payment Card") in accordance with the relevant invoice.
3.8 Where you have provided us with details of a Payment Card or have authorized a direct debit mandate, you hereby expressly authorize The Pelican Club to deduct collect renewal Membership Fees up to 28 days prior to or on your Renewal Date.Alternatively, you will be contacted directly in order to renew yourMembership.
3.9 If you do not wish to renew your Membership you must notify us at least 30 days prior to your Renewal Date.
3.10 If you do not notify us in accordance with Clause 3.9, The Pelican Club reserves the right to recharge the then current Membership Fee in order to renew the Membership.
3.11 The Pelican Club (and its affiliated offices) reserve the right to refuse to provide the Services should any payment due under these Conditions not be received.
3.12 The Pelican Club may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorize The Pelican Club deduct the credit sum from your Payment Card immediately.
4. Requests, Request Pricing & Payment
4.1 Members may place Requests by telephone, e-mail, text message and WhatsApp.
4.2The Pelican Club, acting reasonably, reserves the right to withdraw any of theServices and/or to refuse to accept any Requests at its sole discretion.
4.3 If The Pelican Club is unable or not obliged to deal with any Request, it will inform the Member as soon as reasonably practicable.
4.4 You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.
4.5 From time to time the procurement or provision of certain services, products or benefits may incur a Pelican Club services fee or handling charge (of which you will be notified in advance) and in such event you hereby authorize The PelicanClub to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
4.6 Our prices are shown in the local currency of the supplier and an estimated CAD conversion if given for reference. Charges are charged to the client in the local currency. Final conversion rate is determined by your bank. With exception, if The Pelican Club is paying on behalf of the client, the final converted CAD amount will be invoiced to the client. These prices are converted based on the latest exchange rate. Final conversion rate is determined by your bank.
4.7 Upon The Pelican Club providing the Member with the price associated with theRequest and Once your request is fully agreed upon receiving written confirmation from the Member to proceed, clients will receive an invoice for service cost which must be paid in full prior to booking / use of the service.
4.8 All quoted prices are passed on by third party suppliers and at their current published rates. Should the supplier amend the rate for the service; the client will be informed of the subsequent rate change. Once the client has made the payment, The Pelican club will confirm the booking at the given price, and advise the client if there is any change in the price from the supplier prior to making the payment.
5. Supply of Services Agreement
5.1 The Pelican Club shall supply the Services to the Member during the Membership in accordance with the Member's particular Requests, provided that The PelicanClub shall not be required to provide or facilitate the supply of goods and/or services that it deems at in its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
5.2 The Pelican Club shall use its commercially reasonable endeavours efforts to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
5.3 The Pelican Club shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and The Pelican Club shall notify the Member in any such event.
5.4 Services will be provided in English.
5.5 You acknowledge that The Pelican Club reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
5.6 Telephone calls to The Pelican Club may be monitored or recorded for training and quality control purposes.
5.7 The Pelican Club shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.
5.8 Restaurants and clubs: (a) When you use the restaurant booking service you hereby authorize us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant which may be forfeited as a result of your cancellation of the booking. (b) When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit. (c) The Pelican Club reserves the right to deny restaurant requests from Members if Members repeatedly fail to honour their bookings or continuously violate cancellation policies. (d) Admission of Members to any club premises is at all times at the sole discretion of the club Supplier and The Pelican Club shall have no liability where aMember is refused admission to a club.
5.9 Tickets: (a) The Pelican Club may be able to obtain "best tickets" for you in relation to sold out events through one of its ticket agent partners. Please note that by instructing The Pelican Club to obtain such tickets on your behalf you are agreeing to purchase tickets above face value and the total cost may include a service charge to The Pelican Club in respect of our provision of services to obtain the seats for you. The Pelican Club is not the seller of the tickets and is not responsible for fulfilment of your order. (b) All such tickets and ticket agent partners (who shall be the seller in respect of the transaction) shall have their own terms and conditions (which we suggest you should read). Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. The Pelican Club shall not be able to provide you with any refund or obtain any such refund on your behalf. (c) In the event of a show being cancelled directly by the artist/promoter, it maybe possible to obtain a refund of the face value of the relevant tickets.(d)The Pelican Club or its ticket agent partner will dispatch your tickets through delivery agents at standard rates. Please note that The Pelican Club shall not be liable for any failure by delivery agents to deliver your tickets.
6. Cancellation & Changes of Travel & Services
6.1 Travel Insurance - We strongly recommend you purchase travel insurance which includes trip cancellation insurance and out-of-province health insurance to protect yourself from unexpected circumstances that may cause you to cancel or your trip to be cancelled. Please reach out to your Travel Advisor for an exact quote.
6.1 Travel Insurance - We strongly recommend you purchase travel insurance which includes trip cancellation insurance and out-of-province health insurance to protect yourself from unexpected circumstances that may cause you to cancel or your trip to be cancelled. Please reach out to your Travel Advisor for an exact quote.
6.2 Cancellation by You – The Pelican Club acts as a booking agent. Cancellation policies of any travel and services is dictated by the hotels, airlines, service providers and third parties that we book for you. We will always inform you of the cancellation policy for the services booked for you. For one -off trips made for non members, anon-refundable Pelican Club service fee will be charged.
6.3 Cancellation by The Pelican Club – The Pelican Club reserves the right to cancel any trip at any time for any reason determined in our sole discretion if the quality of the trip or the safety of Members is judged by The Pelican Club to be compromised. In such a case, refund of payments received by The PelicanClub shall constitute full and final settlement. In the event of cancellation,The Pelican Club is not responsible for any loss incurred on account of non-refundable or non-transferable air tickets or other unrecoverable travel costs. The Pelican Club retains the sole discretion to run any trip notwithstanding the occurrence of any event or the existence of any condition in or near any place of travel included on a trip itinerary, or in proximity to such a place or affecting travel, including air travel, in general. IfThe Pelican Club determines in good faith to run a trip, the then no refund under this paragraph shall be payable with respect to that trip and any traveler cancelling a reservation shall be bound by the cancellation policies identified in the preceding paragraphs.
6.4 Unforeseeable changes to your trip or service – It is sometimes necessary (or recommended) that changes be made to your itinerary after it has been confirmed. This is most common when a third party (i.e. airline, hotel) makes changes that are beyond our control, such as a flight cancellation or schedule change. In other instances, changes may be necessary due to extreme weather or events in the region. We will always do our best to rework the itinerary in a way that minimizes changes to the flow and pricing of your trip. However, if the itinerary changes require us tore-price your trip, you will be responsible for the difference in cost.
6.5 When you make changes to your trip - Clients are allowed to make minor changes to the itinerary once the service is confirmed, within reason as determined byThe Pelican Club and with sufficient advance notice. We will try our best toaccommodate your requests. However, major changes will incur additional supplier fees and/or non-refundable deposit payments in addition to the amount initially quoted. See the “Cancellation By You” section above.
7. Eligibility & Responsibilities for Travel
7.1 The Pelican Club is committed to making your experiences as rewarding and fun as possible. But we require your help to do so. For example, we rely on you to provide us with necessary personal information (age, passport & flight details, allergies, etc.) and travel preferences (type of bed, dietary needs, special interests, etc.) so we can craft the right trip for you. We also ask that you respond to our questions in a timely manner so as not to delay the planning process. With regards to travel; it is your responsibility to become informed about the most current travel advisories and warnings for countries of travel. We will do our best to keep you informed of major developments but you must contact your relevant government agency to be aware of any travel advisories and warnings. Should you choose to ignore such travel advisories and warnings, you assume all risk of personal injury, death or property damage that may arise out of events advised or warned against. We require that members be at least 18 years of age. For travel planning the exception of ‘Family’ trips, where age limitations may apply, and travellers under the age of 18 must be accompanied by an adult.
7.2 Travel Documents and Passports - It is your responsibility to ensure that you have a valid passport and meet all necessary entry requirements of the country or countries you will be visiting. These requirements vary by country and nationality and can change from time to time. The Pelican Club will do its best to inform u of these general requirements, but we ask that you contact the appropriate embassy(ies)/consulate(s) in your country of residence. ThePelican Club is not responsible for delays, changes, or costs of any kind due to incomplete, expired or inaccurate travel documentation or if a Member is denied entry to a country due to a failure of a Member to (i) obtain the necessary visa(s) or (ii) satisfy the applicable entry requirements. ThePelican Club also cautions Members that applicable borders and customs agents have the discretion to deny a person entry into the country, and The PelicanClub shall bear no liability in such circumstance.
7.3 Health – By making your trip payment, you certify that you nor to your knowledge anyone travelling with you, if applicable, has any physical or other condition or disability that would make travelling unsafe for you or other TravellerMembers. It is your responsibility to ensure that you have received all appropriate vaccinations. Please consult your doctor before travelling with us and take all necessary precautions.
7.4 Insurance – Travel insurance is the sole responsibility of the Member and your Membership does not include any travel or health insurance coverage of any kind. Before travelling on a trip, we strongly recommend you review your personal insurance and health insurance to ensure you have coverage appropriate to meet your needs, and the needs of your family and dependents, in case of any loss of property or illness, injury or death. We highly recommend purchasing, trip-cancellation insurance and out-of-province medical insurance.
7.5 Risks — Travel and certain activities involve risks. Our experiences are at times off the beaten path and in developing countries with transportation, communication and healthcare standards that are different from what you may expect at home. Our trips may be physically demanding and there is a risk of serious personal injury, including permanent disability and death from accident, illness or the actions of negligence of other persons. Medical facilities and services may not be readily accessible and may not be sophisticated. As mentioned above, we also work with independent suppliers and third third-party service providers (hotels, local guides, transportation companies, airlines, tour operators) and cannot be held responsible for their actions or their failure to act. The Pelican Club has no right or ability to control their operations and therefore makes travel arrangements for the trips on the condition that The Pelican Club will not be liable for any act or omission of any independent supplier or any unrelated third party. The services provided by independent suppliers are subject to the laws of the place where the services are provided, and any conditions imposed by those suppliers. The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.
7.6 Privacy — Your privacy is important to us. The Pelican Club is required to collect personal information (such as passport details) in order to plan your trip. We appreciate the sensitive nature of this information and will never share it with third parties other than as required for booking air, hotel or other reservations as a part of your trip. By becoming a member, you are consenting to The Pelican Club collecting and using your personal information as required to plan your trip and requests and provide you with proper services.
8.1 The Member acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the Member and the relevant Supplier and that The Pelican Club is not a party to such contract.Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier's policies.
8.2 If a Request for a specific product or service is not available, The PelicanClub may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.
8.3 All descriptions of any products, services or Benefits on the Website have been approved by the relevant Supplier. The Pelican Club shall not be liable for inaccurate or misleading descriptions.
8.4 Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
8.5 The Member further acknowledges that for goods purchased on his or her behalf by The Pelican Club directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where The PelicanClub is asked to source a specific item for a Member, The Pelican Club shall inform the Member of the refund and exchange policy of that Supplier in advance. The Pelican shall not be liable to the Member where a Supplier does not accept the return or exchange of an item.
8.6 It shall be the Member's sole responsibility to retain all proof of return of goods to a Supplier, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
8.7 We will inform you when we become aware that a refund of an order has been processed by a Supplier.
8.8 All orders are subject to all applicable customs duties and sales taxes and shall not be refundable through The Pelican Club. It shall be the Member's sole responsibility to recover such monies. The Pelican Club shall have no liability for any items held by any customs or border agency.
8.9 In the case of premium courier services, if the Member is not at the specifiedDelivery address to receive their Order at the scheduled time, the Member may incur further charges for subsequent attempts to re-deliver the goods.
9. Limitation of Liability, Release and Indemnity
9.1 The Pelican Club shall not be liable to the Member, whether in contract, tort(including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership or anyServices provided thereunder; and
9.2 The Pelican Club total liability to the Member in respect of all other losses arising under or in connection with their Membership, whether in contract, tort(including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Member's annual Membership Fee.
9.3 Your contract for the supply of products or services is made with the relevant Supplier only. The Pelican Club acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against theSupplier.
9.4 You acknowledge that any contract entered into by you with any Supplier is an independent contract. The Pelican Club hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the ThePelican Club.
9.5 The Pelican Club shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member Default.
9.6 The Pelican Club shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of The Pelican Club's obligations in relation to the Services, if the delay or failure was due to any cause beyond The Pelican Club's reasonable control.
9.7 Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
9.8 This clause 7 article 9 shall survive termination of these Conditions.
To be eligible to take a Pelican Club trip, Members must accept the risks of travel, including those set out in “Risks” and otherwise set out in these Terms& Conditions, and assume full responsibility for any loss, injury, death or damage to them, their family or their dependents or property arising in connection with their participation, or the participation of their family, in the trip. TravellerMembers must have their own insurance appropriate to their needs and the needs of their family or dependents in respect of such loss, injury, death or damage.
In addition and without limitation, The Pelican Club is not responsible for any injury, loss, or death, or damage to property in connection with the provision of any goods or services whether resulting from, without limitation, to acts ofGod or force majeure, weather, quarantines, illness, disease, acts of war, civil unrest, insurrection/revolt, animals, labor unrest including strikes, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of means of transportation or travel delays, travel advisories or warnings.
10. Commencement & Termination
10.1 These Conditions shall take effect and be binding upon the Member and Pocha Hospitality Inc. trading as The Pelican Club upon acceptance by The PelicanClub of your Membership application or acceptance to plan your trip. TheseConditions shall be applicable for the duration of your Membership (or the duration of your trip for non-members) and shall only cease to have effect upon the expiry or termination of your Membership (or trip for non-members). You agree that your only rights and remedies under these Conditions shall be against Pocha Hospitality Inc. trading as The Pelican Club and no other entity.
11.2 Assignment and subcontracting: (a) The Pelican Club may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent. (b) The Member shall not, without the prior written consent of The Pelican Club, assign, transfer, charge, subcontract or deal in any other manner with all or undefinedany of its rights or obligations under these Conditions.
11.3 Waiver: (a) A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. (b) Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
11.4 Severance: (a) If a court or any other competent authority finds that any provision of theseConditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of theseConditions shall not be affected. (b) If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.5 Variation: The Pelican Club may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: The Pelican Club Newsletter, the Website, by Email orby phone. Your continued use of your Membership constitutes acceptance of such variations to these Conditions.
11.6 No partnership: Nothing in these Conditions is intended to, or shall be deemed to constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.No party shall have authority to act as agent for, or to bind, the other party in any way.
11.7 Third parties: A person who is not a party to these Conditions shall not have any rights under or in connection with it.
11.8 Governing law and jurisdiction: These Conditions, and any dispute or claimarising out of or in connection with it or its subject matter or formation(including non-contractual disputes or claims), shall be governed by, andconstrued in accordance with the laws of the Province of Ontario and thefederal laws of Canada applicable therein, Canadian law, and the parties irrevocably submit to the exclusivejurisdiction of the courts of Canada.
Pocha Hospitality Inc. (Trading as ‘The Pelican Club’) and our affiliates and subsidiaries (”Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes how we collect, use, disclose, and protect the personal information of our customers and website users (”you”), describes the types of information we may collect from you or that you may provide when you visit the website [www.thepelican.club] (our “Website”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.
We will only use your personal information in accordance with this policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.
Privacy laws in Canada generally define “personal information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or business contact information.
This policy applies to information we collect, use, or disclose about our customers and Website users:
On this website
In email, text, and other electronic messages between you and the Company.
This policy does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries).
Any third party, through any application or content (including advertising) that may link to or be accessible from [or on] the Website.
Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you indicate that you understand, accept, and consent to the practices described in this policy. This policy may change from time to time. Your continued use of this Website after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates.
Information we collect about you
We collect and use several types of information from and about you, including:
Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier, billing and account information, and any other identifier we may use to contact you online or offline (”personal information”).
We provide an opportunity for any user to unsubscribe from our mailings or opt-out of contact for marketing purposes on an ongoing basis by e-mailing firstname.lastname@example.org.
Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature.
Technical information, including your login information, browser type and version, timezone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website, and usage details.
Non-personal details about your Website interactions, including the full Uniform ResourceLocators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.
How we collect information about you
We use different methods to collect your information, including through:
Direct interactions with you when you provide it to us, for example, by filling informs or corresponding with us by phone, email, or otherwise.
Automated technologies or interactions, as you navigate through our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
Information you provide to us
The information we collect directly from you on or through our Website may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our membership service and/or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website and of the fulfilment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website.
You may also provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.
Information we collect through cookies and other automatic data collection technologies
Details of your visits to our Website, including traffic data, location data and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The technologies we use for this automatic data collection may include:
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that are used for browser cookies. For information about managing your privacy and security settings for Flash cookies.
Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs)that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How we use your information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it.
To provide you with notices about your account/subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements.
To notify you about changes to our Website or any products or services we offer or provide through it.
To improve our Website, products or services, marketing, or customer relationships and experiences.
To allow you to participate in interactive features, social media, or similar features on our Website.
To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
Wemay also use your information to contact you about our own and third-parties’ goodsand services that may be of interest to you, as permitted by law. If you do notwant us to use your information in this way, please e-mail us at email@example.com.
Disclosure of your information
To our subsidiaries and affiliates.
In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of The Pelican Club’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by The Pelican Club about our customers and users is among the assets transferred.
To contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
To fulfill the purpose for which you provide it and for any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
To enforce or apply our terms and conditions and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of The Pelican Club, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Transferring your personal information
We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us withWebsite improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.
By submitting your personal information or engaging with the Website, you consent to this transfer, storage, or processing.
Choices about how we use and disclose your information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Promotional Offers from the Company. If you have opted in to receive certain emails from us but no longer wish to have your [email address/contact information] used by theCompany to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to firstname.lastname@example.org.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of several third party ad servers’ and networks’ cookies simultaneously by using[an opt-out tool created by the Digital Advertising Alliance of Canada ][and][ or] an opt-out tool created by the Network Advertising Initiative]. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
Children under the age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not [use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use]. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
Accessing you correcting your personal information
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.
If you want to review, verify, correct, or withdraw consent to the use of your personal information you may send us an email at firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, however, we will notify you of any fee in advance.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:
Information protected by solicitor-client privilege.
Information that is part of a formal dispute resolution process.
Information that is about another individual that would reveal their personal information or confidential commercial information.
Information that is prohibitively expensive to provide.
Withdrawing your consent
Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at email@example.com. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.
Contact information and the challenging compliance
We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our [PrivacyOfficer] using the contact information listed above.