These Terms of Service ("Terms") form a binding agreement between you and Banff Advisor ("Banff Advisor", "we", "us", "our"), and govern your access to and use of the website located at www.banffadvisor.caand any associated services (collectively, the "Site").
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 13 years of age to use the Site. If you are under the age of majority in your jurisdiction, you may use the Site only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. By using the Site, you represent that you meet these requirements.
2. Accounts
Browsing the Site does not require an account. Saving favourites and similar features require you to sign in with Google. You agree to:
- Provide accurate information when you sign in.
- Maintain the confidentiality of your Google account credentials.
- Accept responsibility for all activity that occurs under your account.
- Notify us promptly if you suspect any unauthorized use of your account.
You may delete your account at any time by contacting us at admin@banffadvisor.ca.
3. Acceptable use
You agree not to:
- Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
- Submit content that is false, misleading, defamatory, infringing, obscene, harassing, or otherwise objectionable.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Interfere with or disrupt the Site, its servers, or any networks connected to the Site, or violate any requirements, procedures, policies or regulations of those networks.
- Attempt to gain unauthorized access to any part of the Site, accounts, computer systems, or networks.
- Scrape, harvest, crawl, or otherwise extract data from the Site by automated means without our express written consent.
- Use the Site to send unsolicited communications, advertising or spam.
- Reverse-engineer, decompile, or attempt to extract the source code of the Site, except as permitted by applicable law.
- Use the Site to develop a competing product or service.
4. Content on the Site
The Site aggregates information about restaurants, venues, events, specials and similar listings in Banff, Canmore and the surrounding area. This information is provided by venues, organizers and other third parties ("Listings"), supplemented by editorial content and publicly available data.
We do not guarantee the accuracy, completeness, timeliness, or availability of Listings. Hours, pricing, availability of menu items, performers, event details and venue policies can change without notice. Before relying on a Listing — for example, to plan a meal, attend an event, or make a reservation — we strongly recommend that you confirm directly with the venue or organizer.
References to alcohol, live music, late-night venues or similar content are provided for informational purposes only and are not an endorsement. You are responsible for complying with all applicable laws, including those relating to age of majority, responsible alcohol consumption, and safe transportation.
5. User-submitted content
If you submit content to us — including but not limited to contact-form messages, suggested corrections, listing submissions, feedback and reviews ("User Content") — you grant Banff Advisor a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display that User Content, in whole or in part, in any media now known or later developed, for the purpose of operating, promoting and improving the Site.
You represent and warrant that:
- You own or otherwise control all rights in and to the User Content you submit.
- Your User Content does not infringe any third-party right, including intellectual property, privacy or publicity rights.
- Your User Content is accurate, not misleading, and complies with these Terms and applicable law.
We may, but are not obligated to, monitor, edit, refuse, or remove any User Content at our sole discretion.
6. Intellectual property
Other than User Content and content owned by third parties, all content on the Site — including text, graphics, logos, icons, photographs, software, design, layout, and the "Banff Advisor" name and marks — is owned by Banff Advisor or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for personal, non-commercial purposes. No other rights are granted by implication.
7. Third-party links and services
The Site may contain links to third-party websites, including restaurant websites, social media, booking platforms and map providers. These links are provided for convenience only. We do not control, endorse or assume responsibility for any third-party site or service. Your access to and use of any third-party site is at your own risk and subject to that site's terms and privacy policy.
8. Advertising
The Site is supported in part by advertising, which may include ads served by Google AdSense or other advertising partners. We are not responsible for the content of advertisements or for any transactions you enter into with advertisers.
9. Promoted Listings
Restaurants, organizers and other partners may pay to promote a specific event, special or listing on the Site. Promoted Listings are labelled as such. The presence or position of an organic Listing is not influenced by payment.
10. Disclaimers
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BANFF ADVISOR DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE OR ANY LISTING WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR UNINTERRUPTED, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BANFF ADVISOR, ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR SUBSTITUTE GOODS OR SERVICES — ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY LISTING, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify and hold harmless Banff Advisor and its owners, employees, contractors, agents and licensors from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any third-party right, including any intellectual property, privacy or property right.
13. Termination
We may suspend or terminate your access to the Site, with or without notice, at any time and for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Site will cease immediately. Sections that by their nature should survive termination — including ownership provisions, warranty disclaimers, indemnity and limitations of liability — will survive.
14. Changes to the Site and these Terms
We may modify or discontinue the Site, or any part of it, at any time without notice. We may also revise these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Material changes will be brought to your attention through the Site or by email where appropriate. Your continued use of the Site after a change becomes effective constitutes acceptance of the revised Terms.
15. Governing law and dispute resolution
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to applicable consumer-protection laws, you and Banff Advisor agree to submit to the exclusive jurisdiction of the courts located in Calgary, Alberta, for the resolution of any dispute arising out of or related to these Terms or the Site.
16. Severability and waiver
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
17. Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Banff Advisor relating to the Site and supersede any prior agreements between you and us relating to the Site.
18. Contact
Questions about these Terms? Reach us at:
You can also reach us through our contact form.