Terms of Use

These Terms of Use (the “Terms”) are entered into by and between you and Talaria Advisors Inc., a corporation organized under the laws of British Columbia, Canada, doing business as Seekrs Travel Club (referred to herein as “Seekrs”, “we,”  “us” or “our”). These Terms of Use, together with our Privacy Policy, https://www.seekrs.club/privacy, set forth the terms and conditions that apply to your access and use of our website, located at https://www.seekrs.club/ (the “Site”).  We may at times also ask you to review and accept supplemental terms that apply to your interaction with a specific product or service.

These Terms state that any disputes between you and us must be resolved in arbitration, pursuant to the dispute resolution clause set forth in Section 5.

1.                Acceptance of Terms.  By using or accessing the Site you agree to these Terms, as may be updated from time to time in accordance with Section 9 below. If you do not want to agree to these Terms, you must not access or use the Site. To use the Site you must (i) be at least eighteen (18) years of age, or, if you are under 18 years of age but are at least thirteen (13) years old, you must use the Site with the consent of your parent or legal guardian; (ii) have not previously had your access to the Site suspended or terminated; and (iii) do so in compliance with any and all applicable laws and regulations.  If you have any questions about these Terms, you may contact us at legal@seekrs.club.

2.                Account Registration.  To access some features of the Site, you may be required to register for an account.  When you register for an account, we may ask you to give us certain identifying information about yourself, including your email address and other contact information, and to create a user name and password (“Registration Information”).  When registering for and maintaining an account, you agree to provide true, accurate, and current information about yourself.  You also agree not to impersonate anyone, misrepresent any affiliation with anyone, use false information, or otherwise conceal your identity from us for any purpose. 

You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information.  For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else.  If you do share this information with anyone, we will consider their activities to have been authorized by you.  If you have reason to believe that your account is no longer secure, you must immediately notify us at legal@seekrs.club.

As further described in Section ‎8, we have the right to disable any account, user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. 

3.                Restrictions on Use.  In connection with your access and use of the Site, you agree not to:

A.    Use the Site for any illegal purpose, or in violation of any applicable municipal, provincial, federal, or international law;

B.    Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights;

C.    Post, or upload any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

D.    Interfere in any way with security-related features of the Site;

E.     Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

F.     Access, monitor or copy any content or information from the Site using any robot, spider, scraper, or other automated means or any similar or equivalent manual process for any purpose without our express written permission, except that operators of public search engines may use spiders to copy materials from the Site solely for the purpose of, and to the extent necessary for, the creation of publicly available searchable indices of materials;

G.    Conduct any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or

H.    Sell or otherwise transfer the access granted herein.

4.                Third Party Content and Links to Third Party Websites.  The Site may contain links to third party websites or services.  We provide such links as a convenience, and do not control, guarantee or endorse these websites or services.  You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any such third party websites or services. When you access any such third party websites or services through a hyperlink posted on the Site, please carefully read the terms and conditions of use, privacy policy and other policies of such third party websites or services as these Terms do not apply to such use.

5.                Intellectual Property Rights.  This Site and its entire contents and features (including all information, software, text, images, video, audio and the design, and the collection and arrangement of any of the foregoing) are owned by us, our licensors, or other providers of such material and are protected by applicable Canadian and international copyright, trademark, patent, trade secret and other intellectual property laws.  No materials from the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, downloaded, transmitted, or distributed in any way without our express written permission, except as may be required for you to access and view the Site in the manner permitted hereunder.

You may not modify copies of any materials from this Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.  Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.  We intend to vigorously enforce our rights, including our intellectual property rights.    

Our name, the terms, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. 

6.                Feedback.  We welcome your ideas, comments, suggestions and feedback regarding the Site or any of our products or services (“Feedback”).  All Feedback disclosed, submitted, or offered to us via the Site or otherwise, may be freely used by us without restriction (including without any obligation of confidentiality).  You represent and warrant that any Feedback that you submit to us are original to you, made in compliance with applicable laws and do not violate any right of any third party, including intellectual property rights.  By disclosing, submitting or offering any Feedback to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully assignable and sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, process, create derivative work from, distribute and display such Feedback and derivative works thereof throughout the world in any manner and in any media.

7.                User Content[JB1] .  This Site may contain message boards or forums that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.  You represent and warrant that (i) you own or otherwise have the right to grant the license granted above with respect to any User Contributions you post to the Site and (ii) all of your User Contributions will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you post, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

We do not undertake to review any User Contribution before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 7.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.  Furthermore, we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity.  We may also take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe, in our sole discretion, that such User Contribution infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.  YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

8.                Termination.  If you violate these Terms, your permission to use our Site will automatically terminate.  In addition, we, in our sole discretion, may suspend or terminate your user account, Membership and/or suspend or terminate some or all of your access to the Site at any time, with or without notice to you.  You may terminate your account at any time by contacting us at legal@seekrs.club.  After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.  The following provisions shall survive any termination of these Terms: Section ‎5 (Intellectual Property Rights), Section ‎6 (Feedback), this Section ‎8 (Termination), Section ‎10 (Warranty Disclaimer), Section ‎11 (Limitation of Liability), Section ‎12 (Indemnity), Section ‎14 (Governing Law), Section ‎15 (Dispute Resolution) and Section ‎17 (Miscellaneous).

9.                Modification of the Terms.  We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of our Site.  Such modifications and additional terms and conditions will be effective immediately upon their posting on the Site.  We will make reasonable efforts to notify you of any material changes to the Terms, including by providing a notice to our Site or by sending an email to any address you may have provided to us.  Notwithstanding the foregoing, your continued use of the Site after any modifications to the Terms or new or additional terms or conditions are posted will be deemed acceptance of any such modifications or new or additional terms or conditions.

10.            Warranty Disclaimer.  OUR SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF CANADA AND THE PROVINCE OF BRITISH COLUMBIA.  Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical issues or factual errors or inaccuracies.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  We specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade.  You assume all risk for any damages that may result from your use of or access to our Site.  The information presented on or through the Site is made available solely for general information purposes.  We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through our Site.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents. 

11.            Limitation of Liability.  IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA), WHETHER CAUSED BY OR BASED IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY, STATUTE OR ANY OTHER LEGAL THEORY (EVEN IF FORESEEABLE), AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  Some jurisdictions, including certain provinces in Canada, do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations or the disclaimer of warranties in Section ‎11 may not apply to you.

12.            Indemnity.  You agree that you will be personally responsible for your use of our Site, and you agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees and costs), arising out of or in any way connected with (i) your access to or use of our Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property, publicity, confidentiality or privacy right; or (iv) any disputes or issues between you and any third party.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

13.            Geographic Restrictions.  We provide this Site for use by individuals located in Canada and internationally. We make no claims that the Site or any of its content is appropriate or available in all jurisdictions. If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.

14.            Governing Law.  These Terms shall be governed by, and construed in accordance with, the laws of the Province of British Columbia and the laws of Canada, without regard to conflict of law principles.  Subject to Section ‎15, which provides that disputes are to be resolved in arbitration, to the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the courts located within Vancouver, British Columbia, for the purpose of litigating all such disputes.

15.            Dispute Resolution.  At Seekrs’ sole election, any dispute, controversy, or claim arising out of or in connection with these Terms may be submitted to and resolved by binding arbitration in accordance with the Arbitration Act, SBC 2020, c. 2 (British Columbia), with the seat of arbitration in Vancouver, British Columbia. The arbitration shall be conducted by a single arbitrator in English.

You and Seekrs agree that, to the fullest extent permitted by applicable law:

A.    any and all claims will be resolved on an individual basis and not as part of a class, consolidated, or representative proceeding;

B.    you waive any right to participate in a class action or class arbitration against Seekrs; and

C.    you waive any right to a jury trial.

Notwithstanding the above, either party may seek injunctive or other equitable relief in the courts of Vancouver, British Columbia in the event of actual or threatened infringement or misappropriation of intellectual property rights or confidential information.

If a court or arbitrator determines that any part of this Section is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), the remainder of this Section shall still apply to the maximum extent permitted by law.

16.            Modification of the Site.  We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you.  You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

17.            Miscellaneous. 

A.    Entire Agreement.  These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.

B.    No Waiver.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  

C.    Paragraph Headers.  Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.  

D.    Severability.  In the event that any part of the Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

E.     Language. These Terms of Use are drafted in the English language. In the event they are translated into another language, the English version shall prevail. The parties confirm their express wish that these Terms, and all related documents, be drawn up in English only.

Les parties confirment leur volonté expresse que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais seulement.

Contact

Questions or concerns regarding these terms should be directed to legal@seekrs.club

Last Updated: June 3, 2025