iTravex.com is a division of Owner Direct Vacation Home Exchanges Inc. For purposes of the following any references to iTravex.com will implicitly include Owner Direct Vacation Home Exchanges Inc. (ODVHE)
IMPORTANT: This document affects your legal rights.
Please read this User Agreement (the "Agreement") carefully. The Agreement governs your use of the iTravex.com Website (the "Website") and the services and goods provided through or in connection with the Website (collectively, the "Service").
Any information on the iTravex.com Website can change without notice. In our sole discretion, we may add, delete, and modify terms at any time without notice. Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. Throughout this Agreement, iTravex.com includes its referrers, partners, affiliates, agents, assigns, and the Agreement is enforceable by any of iTravex.com authorized agents.
The materials in the iTravex.com Website are provided "as is" and without warranties of any kind either expressed or implied, unless otherwise specifically noted herein. You expressly agree that use of the service is at your own risk. To the fullest extent permissible pursuant to applicable law, iTravex.com disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the iTravex.com Website and any Website with which the iTravex.com Website is linked. iTravex.com does not warrant the functions, information or links contained on these sites or that their contents will meet your requirements, that these sites or their contents are fit for any particular purpose or that the operations of the iTravex.com website or sites linked to it or their contents will be uninterrupted or error-free, or that these sites or the server that makes them available are free of viruses, worms or other harmful components. Any material or data downloaded or otherwise obtained through the use of the service is done so at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. Without limitation, iTravex.com makes no representations and warranties, express or implied, with respect to any specific merchandise or service that will be available for or obtained by members through the redemption of rewards points.
iTravex.com does not warrant that your access to or use of the Website will be continuous, uninterrupted or totally secure. The Website may not be available from time to time due to upgrades or maintenance carried out in relation to the Site. You acknowledge that disruptions to the operation of the Website may occur which are outside iTravex.com 's control and which may affect your access to or use of the Site. Neither iTravex.com, nor its employees, officers or agents, will be liable for any loss or damage (including without limitation, any consequential loss, loss of profits or damage) suffered by you arising directly or indirectly from your inability to access the Site, your operation of the Website or in relation to any Services offered through the Site. In no event will iTravex.com ever be liable to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses and costs, whether in contract, tort or under fault or wrongdoing by iTravex.com in an amount exceeding the amount you paid to iTravex.com for the use of the service which is the subject of the claim.
In no circumstances will iTravex.com be liable to you or any third party for any indirect or consequential loss arising from damage caused to your computer or computer files as a result of your use of the Website or resulting from loss of data, loss of profits or business interruption even where iTravex.com has been advised of the possibility of such damages. You agree to indemnify and hold iTravex.com, its partners, subsidiaries, affiliates, officers and employees harmless from any claim or demand, whether known or unknown, which may arise from, or relate to, or are connected with your use of the service.
Each iTravex.com member shall be solely responsible to collect and remit to the appropriate taxing Authorities the applicable taxes and shall collect and record these as required by law if applicable to his exchange. Under no circumstances is iTravex.com responsible to pay any taxes on behalf of any Member. Transactions involving iTravex.com Points are generally treated as taxable events for federal, state or provincial and local tax purposes. iTravex.com may be required to report the exchange of points to the certain government taxing authority. Nevertheless, the responsibility for declaring and reporting of applicable taxes resulting from exchanges rests solely with the Member. Member agrees to indemnify and hold iTravex.com harmless for any actions iTravex.com takes to comply with federal, state or provincial and local laws.
Member shall abide by applicable international, federal, state or provincial and local laws or regulations pertaining to Exchange transactions. iTravex.com shall not be responsible for any failures on the part of Member to comply with such laws and regulations. Member agrees not to hold iTravex.com liable for any action iTravex.com takes to comply with applicable laws or regulations.
iTravex.com assumes no liability to members whatsoever, including without limitation, liability by reason of the termination of or amendment to iTravex.com program in whole or in part, or any change to the points and exchange program.
iTravex.com assumes no liability in respect to exchanges arranged between members and in particular shall have no responsibility for delay or cancellation of an exchange.
iTravex.com may terminate its facilitating of vacation home exchanges at any time and it shall be under no obligation to continue facilitating exchanges or to provide any notice of its termination of this service. Furthermore, if the service is terminated for whatever reason, iTravex.com shall have no responsibility to any Members who hold any unused exchange points;
iTravex.com links to other Internet Vacation services and may provide links to external websites or resources for your convenience and reference only. The linked sites are not under the control of iTravex.com and it is not responsible for the contents of any linked site. iTravex.com does not endorse and is not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. We encourage you to read their privacy statements, as their privacy policies may be different from ours. iTravex.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iTravex.com of the linked site. You cannot make any claim against iTravex.com arising out of your use of external websites or resources.
All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of iTravex.com and other parties. Canadian, U.S. and international copyright laws protects all Content available on the Website. No part of this online database may be reproduced, stored in a retrieval system, transmitted in any form or in any language, by any means, electronic, mechanical, photocopied, recorded or otherwise. Unauthorized use of this Website will be fully exposed and will be confronted to the fullest degree of all applicable laws, both national and international. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, non commercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
Ownership, Copyright and Trademarks
You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to iTravex.com, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by iTravex.com to others.
Grant of License
You hereby grant to iTravex.com and its partners, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to iTravex.com that are not clearly marked as confidential ("Member Content") and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with iTravex.com's current content submission guidelines. iTravex.com shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Website at any time in its sole discretion. iTravex.com has no obligation to monitor Member Content submitted by you or others in connection with the Website. Unless or until iTravex.com specifies another form of delivery of Member Content or another URL address, you may submit Member Content to iTravex.com at http://www.iTravex.com. As the sole consideration for the license and rights granted to iTravex.com under the Agreement, iTravex.com will consider posting Member Content on the Website.
If you believe that any content posted on the Website infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing to iTravex.com to email@example.com
iTravex.com may change this address at any time by posting a notice to the Website: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISPUTE RESOLUTION (The "Arbitration Clause")
In the event of a dispute, you and iTravex.com agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a dispute as a class action. The Arbitration shall take place in British Columbia, Canada with either one of the following arbitration organizations if they are still providing services. They are the British Columbia Arbitration and Mediation Institute and the British Columbia International Commercial Arbitration Centre. If both these arbitration organizations are no longer in operation, then arbitration shall be by an arbitrator of the Province of British Columbia, as mutually agreed to between the Parties
Arbitration shall be conducted by a person licensed to practice law and knowledgeable in the area of dispute, jointly selected by the parties pursuant to applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in Vancouver, British Columbia. All costs associated with the dispute resolution shall be divided equally between the parties. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. The prevailing party in such action shall be entitled to recover reasonable attorneys’ fees. "Prevailing party" includes, without limitation, a party who agrees to dismiss an action upon the other party’s payment of the sums allegedly due or performance of the covenants allegedly breached, or who obtains substantially the relief sought by it.
The arbitrator's award is final and binding on all parties. The Commercial Arbitration Act of British Columbia governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.
Except as set forth below, you must make all notices to iTravex.com in writing via conventional mail to 871 Westpoint Drive, Kelowna, BC or e-mail addressed to firstname.lastname@example.org.
RULES & REGULATIONS
You must register as a Member with iTravex.com to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. iTravex.com is not liable for any loss that you may suffer through the use of your password by others. You agree to notify iTravex.com immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to webmaster@iTravex.com.
If you breach any provision of this Agreement, you may no longer use the Service. iTravex.com may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If iTravex.com terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, iTravex.com may remove from the Website and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
iTravex.com membership is a privilege which can be revoked by iTravex.com at its discretion at any time and without compensation for abuse by the member of any of the Terms and Conditions of the program or any other actions deemed by iTravex.com, acting in its sole discretion, to be deleterious to iTravex.com, the exchange program or the interests of its partners. Any member that has his membership revoked shall be considered a suspended Member. (“Suspended Member”).
NO AFFILIATION WITH A THIRD PARTY VACATION RENTAL SERVICE
From time to time a third party Vacation Rental Service (the “Referrer”) may offer its members an opportunity to join iTravex.com, either as a group or individually. An individual joining iTravex.com as a Member accepts and agrees that iTravex.com is a separate and unrelated service to the Referrer, and therefore, further agrees that the Referrer is not responsible to the Member for iTravex.com’s service nor for any of the acts or omissions of iTravex.com, and that the Referrer is not responsible for any claims that any Registered iTravex.com Member may have against iTravex.com.
iTravex.com is family-oriented based service. This is in response to clients’ requests. iTravex.com does not promote pornography in any manner whatsoever or other illegal activities and/or causes as determined in its sole discretion. iTravex.com may allow, or disallow, your participation at any time for any reason whatsoever. You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except iTravex.com) any information you obtain about or from other users of the Service, or you obtain from iTravex.com if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, or (g) send any unsolicited e-mail or advertising to any known user. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. iTravex.com assumes no responsibility whatsoever for such content or actions.
Earned Points have a face value of 1/10th of 1 U.S cent per Point and that will be the redemption value if any point is redeemed or refunded for cash to a member or his inheritors for any reason whatsoever. In case of fraud, misrepresentation, abuse, or violation of applicable rules involving Points, iTravex has the right to take appropriate administrative and/or legal action, on behalf of all of the Members including the forfeiture of accumulated Points, in order to maintain the integrity of the Point system. All decisions by iTravex shall be final and binding on all of the Members.
To resolve Point discrepancies, Members must contact iTravex at the mailing address provided below within 30 days of a transaction that earned or spent points. Members must provide iTravex with sufficient written documentation of the transactions in question. Written requests must also include the Member’s name, address, and daytime telephone number. In the case of a dispute regarding Points, iTravex's decision will be final.
The Website iTravex.com acts as an online marketplace for you to find and transact with other, iTravex Members, (the "Users") showing products or services on the Service or otherwise associated with the Service. iTravex.com is not a broker, lender or seller. iTravex.com is not party to any agreement you may make with another iTravex Member regarding any Exchange. Any information you provide to iTravex users in connection with your Inquiry to Stay or Confirmed Reservation remains with that party.
iTravex.com does not endorse, warrant or guarantee the products or services of any iTravex Users. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information. iTravex.com is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the information.
Earned points do not expire unless a member is deemed to be inactive. Inactive status will occur if the member (i) fails to abide by the terms and regulations of iTravex or has had multiple complaints about his actions from other iTravex members and, as a consequence, has his membership terminated by the iTravex administrator and is deemed a Suspended Member, (ii) has not logged in to his iTravex account for a one year period, or (iii) fails to respond to more than thirty (30) inquiries in a row or fails to respond to all inquiries during a six (6) month period of time, provided that there have been at least fifteen (15) inquiries during such six (6) month period.
iTravex makes no guarantee that suitable properties will always be available for exchanges for its members that are using accumulated or Earned points.
Reactivation of Inactive Accounts
After a member has been deemed Inactive by iTravex, unless he is a Suspended Member, he may reactivate his account upon payment of a reactivation fee of $99.00 and he provides a written request for reactivation to support1@iTravex.com. A Suspended Member may apply for reinstatement and reactivation to support1@iTravex.com, but iTravex.com is under no obligation to reinstate him and his reactivation may be subject to certain conditions and probationary periods above and beyond the terms and conditions of membership set out herein.
A member can terminate his account at anytime provided that, the member honors and accepts any outstanding completed and future Reservations that are current in his account for his listed property.
If at any time an iTravex member voluntarily terminates his account and has a positive Points balance, the member will continue to have the right to use those Points for the purpose of conducting an exchange until the expiry date of those Points regardless of whether the member has a property listing in iTravex or until they become an Inactive member as stated in the section above. Any refund requested by a member, for a positive point balance at any time, for whatever reason, will be at the face value of 1/10th of 1 cent per point.
If at any time an iTravex member voluntarily terminates his account, becomes inactive or is suspended and has a negative Points balance, the member will have the obligation to pay $1.20 per point to iTravex for any outstanding negative Points within 10 days of termination..
Steps Taken by Members
After making an Inquiry on a specific Property, the member making the Inquiry ("Guest") waits for a response ("Dialogue") from the property owner ("Host"). If agreement is reached, the Host confirms the proposed Reservation details and the Guest completes the agreement ("Reservation").
Transaction Processing by the iTravex
When the Guest completes the Reservation, iTravex collects the iTravex Exchange Fee from the Guest and transfers the Points from the Guest's account to the Host's account.
The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties. ITravex.com and any of ITravex.com's Licensees, Referrers and Affiliates (collectively "ITravex.com Partners") assume no liability, obligation or responsibility in connection with any transactions between you and the other Users of the Website.
ACCEPTABLE USE OF THE WEBSITE
Your use of the Service must be lawful and consistent with the rules set out here and you agree to be bound by them. In addition, the following rules apply to your use of the Service:
1. You certify to iTravex.com that you are at least 18 years of age.
2. You assume full responsibility for the use of the Service by any minors.
3. Your use of the Service is subject to all applicable local, province, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
4. You are solely responsible for the content of your transmissions and the products you sell through the Service. You acknowledge and agree that iTravex.com does not endorse the actions, the contents of communications, or the products of the Users.
5. You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.
6. You must complete all transactions you agree to complete in connection with the Service.
iTravex.com will be the final authority as to the interpretation of these Terms and Conditions.
The web site iTravex.com is operated by Owner Direct Vacation Home Exchanges Inc. ("ODVHE") a British Columbia corporation, from its offices at 871 Westpoint Drive, Kelowna, British Columbia, Canada , V1W 2Z4. Owner Direct Vacation Home Exchanges Inc. reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use, and you agree to be bound by such modifications, alterations or updates.