Terms

The following are the terms and conditions (Terms of Use) on which Wild Dog Adventure Ltd (trading as Wild Dog Design) agrees to make the Canvas Guides service available for use by subscribers. By subscribing for the Canvas Guides service, you agree to comply with these Terms of Use.

Definitions

In these Terms of Use, the following definitions apply.

Agreement means the agreement entered into between WDD and the Customer for the use by the Customer of the Service subject to and in accordance with these Terms of Use.

Authorised Purpose means the use of the Software to create online itineraries for Customer Clients in connection with the travel and/or other services booked by the Customer Clients with or through the Customer.

Authorised User means an employee of the Customer who you have authorised to have access to the Service.

Canvas Guides App means the Canvas Guides app which forms part of the Service and which the Customer is authorised to make available to the Customer Clients for the Authorised Service.

Commencement Date means the date on which you first have access to the Service or, if earlier, the date on which you are provided with the means of accessing the Service.

Content means all material of whatever nature (including without limitation, images, videos and third party software) which is placed on, added to or otherwise used or displayed in connection with the Canvas Guides App whether by the Customer or any Customer Client(s) or any person who gains access to the Canvas Guides App as a result of the act(s) or omission(s) of the Customer or any Customer Client(s).

Customer Client(s) means the persons who are customers or clients of the Customer (or any of them) and to whom you make the Canvas Guides App available.

Data Protection Legislation means all UK, EU and other legislation relating to personal data and/or privacy (including without limitation, the General Data Protection Regulation (EU 2016/679) and the UK Data Protection Act 2018) which applies to WDD, the Customer and/or any use of the Service by the Customer.

Initial Subscription Period means the minimum period for which you agree to subscribe to the Service which will be 1 month from the Commencement Date.

Ongoing Subscription Period means the period which commences immediately after the end of the Initial Subscription period as referred to in clause A.1.

Service and Canvas Guides means the subscription service provided by WDD in accordance with the Agreement.

Software means the online software applications provided by WDD as part of the Service.

Subscription Fees means the fees payable by the Customer for use of the Service.

Term means the period during which the Customer is entitled to use the Service being the Initial Subscription Period and, where applicable, the Ongoing Subscription Period.

User(s) means the Customer, Authorised Users, persons who use or gain access to the Service as a result of any act(s) or omission(s) of the Customer (including without limitation, employees and contractors of the Customer who are not Authorised Users), Customer Client(s) and any person who uses or gains access to the Service as a result of any act(s) or omission(s) of the any Customer Client(s) (or any of them as the context requires).

We, us, our, WDD and Company means Wild Dog Adventure Ltd (trading as wild Dog Design).

You, your and Customer means the person (which includes an individual, corporate or unincorporated body and whether or not having a separate legal personality) which subscribes for the Service.

A) Subscription for the Service

1. Subject to payment of the applicable Subscription Fees and compliance by the Customer with all terms of the Agreement, WDD grants the Customer a non-exclusive, non-transferable right, without the right to grant sub-licences, to use the Service for the Subscription Period.
2. Subject to clause C3, the Agreement shall as a minimum last for the Initial Subscription Period. Unless the Agreement has been terminated in accordance with clause C3, the Agreement shall continue from month to month after the expiry of the Initial Subscription Period until terminated in accordance with clause C1, C2 or C3.
3. The Subscription Fees are calculated by reference to the information provided by you in respect of your use and expected use of the Service. You warrant that all such information is accurate, up to date and not misleading in any respect. You agree to promptly notify WDD in the event of any change or likely change in any such information. You acknowledge that WDD is entitled to increase the Subscription Fees in the event that your use of the Service is greater than expected or represented on the basis of the information provided. A variation fee may also be payable.
4. Sign up is on a month by month basis with monthly subscription fees payable in advance. Payment method prior to commencement date to be agreed by WDD.
5. All Subscription Fees and any other fees payable in connection with the Service are exclusive of value added tax which is payable in addition.
6. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
7. A login may only be used by the Authorised User to whom it is issued and may not be shared by multiple persons. Separate logins must be obtained for each Authorised User.
8. You are responsible for maintaining the security of your account and password. You are also responsible for the acts and omissions of all Authorised Users and for any other persons who gain access to the Service as a result of your acts or omissions. WDD has no liability for any loss, damage, expense or other consequence of any nature which results or arises from any failure to comply with your security obligations.
9. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
10. Any upgrade or downgrade in plan level will result in a new rate being charged for the next billing cycle. There will be no pro-rating for downgrades in between billing cycles. Increased subscription Fees, where applicable, will apply with immediate effect.
11. Downgrading your Service may cause the loss of features or capacity of your account. We do not accept any liability for such loss.
12. WDD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. In the event that the Services are: (i) modified, and such modification is unacceptable to the Customer; or, (ii) discontinued, the Customer may terminate this Agreement immediately by notice in writing to WDD.
13. All Subscription Fees are subject to change upon 90 days’ notice from us. Such notice may be provided at any time by posting the changes to the Canvas site or the Service itself.
14. WDD will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service which is in accordance with the terms of this Agreement.

B) Use of the Service

1. The Service may only be used for the Authorised Purpose.
2. You are responsible for all use and misuse of the Service by Users.
3. You are responsible for ensuring that use of the Service by you and the Customer Clients (including without limitation, the Content):
   1. is for the Authorised Purpose only;
   2. does not breach the copyright of any third party;
   3. complies with Data Protection Legislation;
   4. is not unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
   5. does not facilitates illegal activity;
   6. does not depict sexually explicit images;
   7. does not promote unlawful violence;
   8. is not discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
   9. is not otherwise illegal or unlawful;

   and WDD reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's access to the Service in the event of any breach of the provisions of this clause.

4. WDD shall not have any rights or claims to intellectual property, whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, over any Content.
5. WDD shall not, by virtue of this Agreement have any rights to use any trademarks or other intellectual property belonging to Customer or any of its commercial partners. WDD will not use Customer’s logo, trademarks or other intellectual property rights without Customer’s prior written consent.
6. WDD does not pre-screen Content, but reserves the right (but not the obligation) in our sole discretion to refuse or remove any Content from the Canvas App.
7. The Customer shall not:
   1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms of Use:
      1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
      2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
   2. access all or any part of the in order to build a product or service which competes with the Service; or
   3. use the Service to provide services to third parties; or
   4. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or available to any third party except the Authorised Users or the Customer Clients for the Authorised Purpose, or
   5. attempt to obtain, or assist third parties in obtaining, access to the Service, other than as provided under this clause; or
   6. introduce or permit the introduction of, any computer virus into the Service.

C) Termination

1. You may terminate the Agreement at any time on giving WDD not less than 3 months’ notice in writing. Termination may not take effect prior to the expiry of the Initial Subscription Period.
2. Without prejudice to clause C.3, we may terminate the Agreement at any time on giving you not less than 3 months’ notice in writing to take effect at any time after the expiry of the Initial Subscription Period.
3. We have the right to terminate or suspend your use of the Service at any time with immediate effect in the event;
   1. you breach these Terms of Use and where capable of remedy and not so serious as to justify immediate termination, you fail to remedy the breach within 14 days of being notified of the same and required to remedy it in writing; or
   2. or become insolvent or unwilling or unable to pay your debts as they fall due or suspend or threaten to suspend your business.
4. All Content will be inaccessible no later than 3 months after the effective date of termination.
5. Termination of the Agreement will result in the deactivation or deletion of your account or your access to your account and the Service.

D) Ownership of the Service

1. The Customer acknowledges that WDD and/or its licensors own all intellectual property rights in the Service including without limitation, the Software.
2. The copyright and all other intellectual property rights in the look and feel of the Service belong to Wild Dog Adventure Ltd. All rights are reserved.

E) General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is only provided via email. (Mon – Fri during business hours GMT) WDD will respond during business hours within 24 hours and will usually schedule a fix or answer within 24 hours.
3. You understand that WDD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify another website so as to falsely imply that it is associated with the Service or WDD.
5. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any third party's intellectual property or these Terms of Use.
6. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we will contact you before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
8. WDD does not warrant that: (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
9. You expressly understand and agree that WDD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, data or other intangible losses (even if WDD has been advised of the possibility of such loss or damage), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
10. Any failure of WDD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
11. The Agreement constitutes the entire agreement between you and WDD and govern your use of the Service, superseding any prior agreements between you and WDD (including, but not limited to, any prior versions of the Terms of Use).
12. WDD shall not, by virtue of this Agreement have any rights to use any trademarks or other intellectual property belonging to Customer or any of its commercial partners. WDD will not use Customer’s logo, trademarks or other intellectual property rights without Customer’s prior written consent.