Terms & Conditions

1. DEFINITIONS AND INTERPRETATION

'The Office': The Ontario Tourism training programme is represented in the UK by McCluskey International whose principal place of business in the United Kingdom is 4 Vencourt Place, Hammersmith, London W6 9NU.

'The Agent': The travel agency or company within the travel industry nominating employees to be trained as an Ontario Expert.

'Ontario Expert': A Nominated Person who has successfully completed the Programme and been accredited with such status.

'The Nominated Person': The individual employee of the Agency/Tour Operator who is either receiving training for or has been granted Ontario Expert status. An Agency/Tour Operator may nominate any number of its employees as Nominated Persons.

'Programme': The Ontario Tourism Office's course to train a Nominated Person as an Ontario Expert, as made available on the Office's website at www.ontariotravelcollege.com.

'Incentive': A reward given by the Office to an Ontario Expert who has achieved a certain score in the Programme, by the completion date of 15 December 2007.

'Restricted Information': Any information which is disclosed to the Agent or the Ontario Expert by the Office pursuant to or in connection with the Programme (whether orally or in writing) and which is expressly stated to be confidential or marked as such. Any such information not so designated as being confidential may freely be publicized in order to promote travel to and tourism to Ontario.

Any reference in these Terms and Conditions to 'writing' or like expressions includes a reference to facsimile transmission, electronic mail or comparable means of communication.

The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

2. REGISTRATION AND RENEWAL

The Programme is only available for the use of travel agencies and Tour Operators or companies in the travel industry in United Kingdom to train their employees on the geographical regions and leisure facilities of the Province of Ontario as a holiday destination.

In order to ensure the above, access to the Programme is restricted by a username and password for each Nominated Person, issued to them upon registration by the Agent. The Agent and each Nominated Person agree that each username and password will only be used by the Nominated Person for whom it is issued, and not disclosed to anyone other than the Agent and that Nominated Person.

On completion of registration (which shall be undertaken electronically by way of the Office's website), the Office shall provide the Nominated Person with electronic access to the Programme.

On successful completion of all 8 training modules and the test at the end of each such module, the Nominated Person will be awarded Ontario Expert status.

3. REWARDS

A Nominated Person who is awarded Ontario Expert status will receive a certificate which he/she may print off and display.

Rewards are in the form of incentives and will be ongoing from a range of suppliers chosen by the Office.
The Office only undertakes to provide the Incentives. It is not liable for any claims arising out of the use, enjoyment or lack of enjoyment of the Incentives. Its suppliers may be liable direct to the Ontario Expert for such claims, subject to any effective limitations in their own terms and conditions. As the Ontario Expert acquires the Incentives in his/her business capacity, he/she will not be dealing as a consumer in the redemption of the Rewards.

All Incentives are subject to availability and the Office reserves the right to substitute the nearest available alternative at its discretion.

The Agent agrees that Incentives are awarded direct to the Ontario Expert for his/her personal enjoyment. The Office believes that their amounts are such as not to be taxable benefits under current UK legislation, but gives no warranties to this effect. If any tax is payable on them, it is the responsibility of the Ontario Expert and/or Agent.

4. DUTIES OF THE ontario expert AND AGENcy/Tour operator

The Agent and/or the Ontario Expert shall:

• use their respective best endeavours to promote and market travel to and tourism in Ontario;
• conduct the promotion and marketing of travel to and tourism in Ontario with all due care and diligence;
• cultivate and maintain good relations with customers and potential customers in accordance with sound commercial principles;
• not engage in any conduct which in the opinion of the Office is prejudicial to the Office or the marketing of tourism in and travel to Ontario generally.

The Agency shall procure that its Nominated Persons shall:

• attend such exhibitions and other sales outlets as the Office or the Agent may think commercially suitable for the purpose of promoting travel to and tourism in Ontario;
• be employed at the offices of the Agent for at least twenty hours per week (Part-timers may still achieve Expert status, so long as the Agent has a Ontario Expert available to service customers for the required hours; e.g. by a job share between two Experts).

The Agency shall:

• Not hold itself out or permit any person to hold it out as being authorized to bind the Office in any way;
• Not do any act which might reasonably create the impression that it is so authorized;
• Promptly inform the Office of any complaint concerning its Nominated Person which it receives;
• Keep the Office fully indemnified against all costs, claims, demands and expenses incurred or received arising out of the services provided by the Agent and/or the Ontario Expert.

5. RIGHTS AND DUTIES OF THE OFFICE

The Office shall provide the Ontario Expert with adequate means of training and the required training modules necessary to achieve the Expert status.

6. CONFIDENTIALITY

The Agent and the Ontario Expert shall at all use their best endeavours to keep any Restricted Information confidential and accordingly not disclose any Restricted Information to any other person; and not to use any Restricted Information for any purpose other than the performance of their obligations under these Terms and Conditions.

8. INTELLECTUAL PROPERTY

Nothing in these Terms and Conditions shall give the Agency/Tour Operator or the Ontario Expert any rights in respect of any trade names or trade marks used by the Office in relation to the Expert status. Experts and the Agency/Tour Operator hereby acknowledge that except as expressly provided in these Terms and Conditions it shall not acquire any rights in respect thereof, and that all such rights are and remain vested in the Office. The Agency/Tour Operator or Ontario Expert shall not use any trademarks or trade names so resembling those of the Office as to be likely to cause confusion or deception.

9. DATA PROTECTION

The Agency/Tour Operator and the Ontario Expert consent to the Office's processing of the personal data concerning the Ontario Expert that is completed during the registration process for the purposes stated in the Office's Privacy Policy.

10. GENERAL

The Office shall be at liberty to perform any or all its obligations under this Agreement through third parties.

The Office may vary these Terms and Conditions at any time upon 30 days' notice, such notice to be published on the Office's Website only.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and subject to the non-exclusive jurisdiction of the English courts.

PRIVACY POLICY

1. PERSONAL DATA

The Office's privacy policy is based on, and is consistent with, UK Data Protection Laws. These laws can be viewed online at www.dataprotection.gov.uk The Office may process the personal data concerning the Ontario Expert that is completed during the registration process for the purposes of:

• compliance with the Office's rights and obligations under the Ontario Expert Terms and Conditions ;
• providing the Ontario Expert with further information on travel to and tourism in Ontario, and special promotions in order to enable him/her to perform his/her obligations under these Terms and Conditions and to maintain his/her Ontario Expert status.

The Office will not process such personal data for any other purposes.
The Office stores this information in encrypted form, and disposes of it once the purpose for which it was collected has been achieved. The length of time for which it is stored may vary according to the purpose for which it has been collected. Except as stated above, no such information will be released to a third party without the Agent's or Ontario Expert's prior consent, unless the Office is compelled to do so by law.

2. COOKIES

The www.?.co.uk website uses cookies to identify and login the Nominated Person for registration of new Nominated Persons. Cookies are a small string of code that a web site can send to your web browser. A cookie cannot extract information from your computer, transmit computer viruses, or capture or transmit your email address. You can decide to de-activate cookies on your computer by accessing your web browser settings.

9. DATA PROTECTION

Any person or organisation, who has registered with this web site, and who believes that we have gathered and stored personal information relating to them, may request to view that information under the provisions of the relevant data protection laws. Any request is to be directed to: Ontario@mccluskey.co.uk.