Purpose of the Site

The content of this site is provided for general information purposes and nothing on this site should be construed as an offer to provide any goods or services. By communicating with us electronically or using this site, you are legally bound by these Terms & Conditions.

Use of Site

1. The information contained in this web site is intended for general information purposes only. Fernando Service Group has made all reasonable efforts to ensure that the information on this web site is accurate at the time of inclusion; however there may be inaccuracies and occasional errors for which we apologize.

2. Fernando Service Group makes no representations or warranties about the information provided through this web site, including any hypertext links to any web site or other items used either directly or indirectly from this web site. Fernando Service Group accepts no liability for any inaccuracies or omissions in this web site and any decisions based on information contained in our web sites are the sole responsibility of the visitor.

3. The information and images contained within this web site are the copyright of Fernando Service Group. We permit you to make copies of this web site as necessary incidental acts during your viewing of it; and you may take a print for your personal use of so much of the site as is reasonable for private purposes. You may not frame this site or link to a page other than the home page without our express permission in writing.

4. You shall not use this web site for any illegal purposes and in particular agree that you shall not send, use, copy, post or allow any posting which is defamatory or obscene or which is abusive, indecent or in breach of the privacy of any person. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation of this web site or with the enjoyment of this web site by other visitors.

5. Fernando Service Group reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this web site and to restrict or prohibit access to it.

6. You hereby agree to indemnify Fernando Service Group against any costs, claims, losses and damages (including legal fees) incurred by or awarded against Fernando Service Group as a result of your misuse of this web site or your breach of these terms.

7. If you are in breach of these terms or of Fernando Service Group Privacy Policy we may as its option, suspend or block your access to this web site and refuse to provide you with any further access to it.

8. This web site is provided to you free of charge, Fernando Service Group does not accept any liability to you (except in the case of personal injury or death caused by its negligence or for fraud or as required by law) whether in contract, tort (including negligence) or otherwise, arising out of it in connection with this web site. Fernando Service Group accepts no liability for any direct, special, indirect or consequential damages, or any other damages of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from this web site. Your sole remedy is to discontinue using this web site.

9. These terms may be amended by Fernando Service Group from time to time.

10. Your use of this website and downloads from it, and the operation of these terms and conditions, shall be governed in accordance with the laws of Ontario, Canada. The Ontario courts shall have exclusive jurisdiction over any dispute arising out of your use of this website. In the event that any or any part of the terms contained in these terms and conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

11. There is no guarantee that any e-mail you send will be received by us. E-mail is not a secure form of communication and can be intercepted by third parties so e-mails sent to us are not confidential. Any information sent by e-mail is done so at your own risk and you should carefully consider its sensitivity before transmitting it. If in doubt, you may wish to write or telephone instead.

PRIVACY POLICY

The information we collect and how we use it

Your right to privacy is important to us. We want to strike a fair balance between your personal privacy and ensuring you obtain full value from the Internet and other products and services we may wish to tell you about. We comply with the Data Protection Act 1998.

In some areas of our website, we ask you to provide information that will enable us to enhance your site visit or reply to you. This would include where you request information or the supply of services, provide Feedback to us, or complete a Mailing List through a contact form. When you do so, we ask you to give us your name, e-mail address and other personal information that will be needed to deal with your request. We may wish to use your personal data for future e-mail mailings, support, notification of new products or new versions and general correspondence regarding the services and events we offer. If you are happy to be contacted in this way please indicate this on the registration form otherwise we will be unable to contact you.

The information you provide will be kept confidential and will be used only to support your customer relationship with us. Unless we have your express consent, we will not disclose or sell your information except if we sell the whole or part of our business.

Because we are constantly improving our website there may be developments in how we use your data - these will be notified to you by updating this policy. When we post changes to this policy, you will see the word "updated on [date]" next to the Terms and Conditions link on the front page of the website. We encourage you to periodically review this policy to see how we are protecting your information.

You may inform us at any time that you do not wish to receive notification of any new events, special offers or event news from Fernando Service Group by e-mailing us at info@fernandoservicegroup.com

Cookies

Our network uses cookies and IP Addresses broadly to collect anonymous user information for statistical and record keeping purposes and to limit and block abuse of the network resources and services and to administer our servers.

How to contact us

You may wish to contact us

- If you have questions regarding these Terms and Conditions.
- If any of the information you have provided to us changes, e.g. if you change your e-mail address, name or payment details.
- If you have comments on these Terms and Conditions or believe that we have not adhered to them.
- You have the right under the Data Protection Act 1998 to request a copy of the personal data which we hold about you on our records. The fee for this service is $10.00.

We can be contacted by:

E-mail at info@fernandoservicegroup.com or

Post at FERNANDO SERVICE GROUP 32 Carluke Crescent, Suite 214, Toronto, Ontario M2L 2J3

TRADING TERMS CONDITIONS

These Trading Terms and Conditions apply to all services provided by Fernando Service Group except where otherwise agreed by us in writing.

Ordering and Paying for our Services

To request services you will need to follow the ordering procedures set out on our Enquiry Form page. Details of our services are displayed on our website.

Any times or dates stated are estimates only. We will make reasonable efforts to perform within the time specified but do not accept liability for any failure to perform within that time.

You must pay by cash, certified cheque or money order. The price of the services is the price indicated on our Proposal (after mentioned) in force at the date and time of your order. We try to ensure that the prices intimated to you are accurate. We will inform you if the correct price is higher than that stated in our Proposal and you may cancel the order and decide whether or not to order at the correct price. In the case of billing errors we reserve the right to re-invoice with correct pricing. Our prices do not include Taxes which will be charged at the rate prevailing when we issue our invoice.

All services advertised through our website are not an offer by us to provide any service. We will confirm our proposal to you by online electronic means (“Proposal”) to the e-mail address you have given us on ordering. The Proposal will contain an estimated date for the provision of the service. The Proposal will tell you about your right to cancel the order and other information we are required by law to provide. Our Proposal is open for acceptance by you within 30 days. Your acceptance of our Proposal brings into existence a legally binding contract between us. Once you have accepted our Proposal, we will send you an invoice in respect of any deposit payable.

You undertake that all details you provide to us for the purpose of purchasing services which may be offered by us on our website will be correct, that the method of payment which you use is your own and that there are sufficient funds to cover the cost of any services. We reserve the right to obtain bank account details before providing you with any services.

Events

Subject to right to cancel paragraph a non-refundable deposit of 50% is payable on confirmation of your order.

Final payment is due on 10 business days prior to the performance of the services or as otherwise agreed between us in writing.

You will be responsible for making and liable for, all bookings you make with third parties pursuant to any report or advice produced by Fernando Service Group.

Right for you to cancel your contract

Unless we have already commenced performance of the service with your consent, you may cancel your contract with us for the services you order at any time up to the end of the seventh working day from the date you place your order. You do not have to give us any reason for cancelling your contract nor do you have to pay any penalty.

To cancel your contract you must notify us in writing at 32 Carluke Crescent, Suite 214 Toronto, Ontario M2L 2J3.

If you have any complaints you should direct them to us in writing to 32 Carluke Crescent, Suite 214 Toronto, Ontario M2L 2J3.

Liability

We cannot guarantee the existence, location or availability of any particular requirements and give no warranty as to the accuracy, availability or outcome of any itinerary or event prepared or managed by us.

If our performance of the service is affected by any delay or failure by you to provide necessary information or the provision of inaccurate information, you will remain liable for the agreed price for the services and any additional charges for extra work required to complete the services (subject to your agreement to proceed with such further work).

We exclude all other expressed or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any services, our website or any information or service provided through our website.

Save as precluded by law we accept no liability for:

- The injury or death of any party while taking part in events planned or managed by us;
- The cancellation of events due to external factors, for example weather, terrorism, or third party decisions; or
- Any changes or additional charges the customer will incur due to third party decisions, for example timetable changes or travel delays causing event planned to be missed.
- If we are liable to you for any reason our liability will be limited to the amount paid by you for the services concerned. This limit does not apply to any liability for death or personal injury resulting from negligence or fraudulent misrepresentation.

To the extent relevant or applicable our Website Terms and Conditions are incorporated into and form part of any contract we have with you.

The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

Termination and Cancellation

General

Either party may (without limiting any other remedy) at any time terminate the contract by giving notice in writing to the other if the other commits any breach of these Trading Terms and Conditions and (if capable of remedy) fails to remedy such breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed (“the Default Event”).

If there is a Default Event in relation to you, then (without prejudice to any other rights we may have) we shall be entitled to suspend performance of the services and you shall immediately make payment to us for any services rendered prior to such termination and for any other costs due to us pursuant to this contract for services.

Events

If you cancel your request for the services pursuant to the contract before the agreed date for delivery of the services (“the Delivery Date”) you are liable for payment of the following:

Time of cancellation before Delivery Date and Payment Due
• 3 months or less (but more than 2 months) before the event - 40% of the total estimate
• 2 months or less (but more than 28 days) before the event - 60% of the total estimate
• 28 days or less before the event - 100% of the total estimate

You are liable for any cancellation fees which may apply to third party services booked by you including accommodation, optional excursions, independently supplied services reserved at any time as a result of our advice.

General

We may assign, transfer or subcontract any or all of our rights and obligations under these Trading Terms and Conditions at any time.

These Trading Terms and Conditions together with the Website Terms and Conditions including the Privacy Policy, our Proposal and payment method instructions, if any, are the whole agreement and contract between you and us.  You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Trading Terms and Conditions, Website Terms and Conditions including the Privacy Policy, order form and payment method instructions.

If any provision or term of these Trading Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

Except in respect of a payment obligation, neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.

Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

These Trading Terms and Conditions, your use of our website and any contract formed by us are governed by the law of Ontario and you submit to the non-exclusive jurisdiction of the Ontario Courts.

No amendment to or deletion of, or addition to, these Trading Terms and Conditions shall be valid or binding upon the parties unless such amendment, deletion or addition is either contained, or referred to, in a formal agreement signed by a duly authorized representative on behalf of each party.

All notices shall be given to us via e-mail at info@fernandoservicegroup.com or by post at  32 Carluke Crescent, Suite 214, Toronto, Ontario M2L 2J3 or to you at either the e-mail or postal address you provide during any ordering process.  Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

These Trading Terms and Conditions replace all other trading terms and conditions previously applicable.
 

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