Terms of Service Agreement
This Terms of Service Agreement ("Terms") creates a binding legal relationship between White Orchid Designs Ltd. DBA Luxury Travel Coach, a British Columbia corporation ("Company") and any individual or entity ("User" or "You") accessing the Website defined herein (collectively referred to as "Parties").
Before utilizing any services offered by the Company and before making any purchases or requesting services described herein, You must thoroughly read, comprehend and agree to these Terms. Prior to any purchase, You will be required to confirm Your acceptance by selecting the checkbox stating "I agree to the Terms & Conditions." This action constitutes Your electronic signature and voluntary agreement to these Terms.
THIS AGREEMENT CONTAINS CRITICAL INFORMATION CONCERNING YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY AFFECT YOU. PLEASE REVIEW CAREFULLY. THESE TERMS MANDATE INDIVIDUAL ARBITRATION FOR DISPUTE RESOLUTION RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
BY ORDERING PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU CONFIRM THAT YOU HAVE REACHED THE LEGAL AGE TO ENTER THIS AGREEMENT AND YOU ACCEPT AND ARE LEGALLY BOUND BY THESE TERMS. YOU ALSO CONFIRM THAT IF ORDERING ON BEHALF OF AN ORGANIZATION, YOU POSSESS THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS.
YOU ARE PROHIBITED FROM ORDERING OR OBTAINING PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT ACCEPT THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OLD OR THE LEGAL AGE TO FORM A BINDING CONTRACT WITH WHITE ORCHID DESIGNS LTD. DBA LUXURY TRAVEL COACH, OR (C) ARE LEGALLY RESTRICTED FROM ACCESSING OR USING THIS WEBSITE OR ITS CONTENTS, GOODS OR SERVICES.
The Company may periodically modify this Agreement at its sole discretion. When material changes are made, the Company will provide prominent notification (such as via email). Your continued use of the Services following such changes constitutes acceptance of the modifications.
1. ACKNOWLEDGMENTS
1.1 Website Operations
The Company operates the online educational platform "Luxury Travel Coach" with websites at https://luxurytravelcoach.thinkific.com and https://www.luxurytravelcoach.ca ("Website"). Your access and use of the Website requires Your acceptance and compliance with this Agreement. This Agreement governs all visitors, users and parties who access or utilize the Website.
1.2 Complete Agreement
This Agreement, combined with the Company's Terms of Service, Privacy Policy, and Disclaimer, forms a complete and binding agreement between the Company and You as a Website user or visitor. You acknowledge this Agreement encompasses all Website usage, whether current or future. By accessing the Website, You agree to be bound by this Agreement. If You disagree with any portion of this Agreement, You must not access the Website.
1.3 Age Verification
You confirm that You are at least 18 years old, an emancipated minor, or have parental/guardian consent, and are fully capable of entering into and complying with the terms, conditions, obligations, representations, and warranties in this Agreement. The Website is not intended for individuals under 13 years old. If You discover Your child has provided personal information without consent, contact the Company at support@luxurytravelcoach.ca. The Company does not knowingly collect personal information from children under 13. If the Company learns a child under 13 has provided personal information, steps will be taken to remove such information. By using this Website, You represent that You are not under 13 years old. Users under 13 are not authorized to use this Website and must immediately cease use.
1.4 Jurisdiction
The Website is controlled and operated by the Company from British Columbia, Canada. The Company makes no representations regarding the Website's appropriateness for use in other locations. Users accessing the Website from other jurisdictions do so voluntarily and are responsible for local law compliance.
1.5 Independent Relationship
Nothing in this Agreement creates third-party rights or benefits. You and the Company are independent contractors, with no agency, partnership, joint venture, employment or franchise relationship intended or created.
2. PRIVACY POLICY
The Company respects user privacy. Please review the Company's Privacy Policy, incorporated herein by reference, which explains data collection, use and disclosure practices. By accessing or using the Website, You agree to the Privacy Policy.
3. DISCLAIMER
Please review the Company's Disclaimer, incorporated herein by reference. Website access or use signifies Your agreement to the Disclaimer.
4. TERMS OF SERVICE
Please review the Company's Terms of Service, incorporated herein by reference. Website access or use signifies Your agreement to the Terms of Service.
5. PRICING & REFUND POLICY
5.1 Standard Pricing
For "standard purchase" customers, in consideration of the license granted herein, You agree to pay one of the following fees:
Single payment of $498, due on or before the Effective Date for The Business of Travel: Your Complete Startup Guide for Travel Advisors Course during the "Founding Member Pricing" period;
Single payment of $698, due on or before the Effective Date for The Business of Travel: Your Complete Startup Guide for Travel Advisors Course during the "Standard Purchase" period;
For Installment Plan compliance, You must provide credit card information ("Account") before the Effective Date. You authorize the Company to automatically deduct monthly installment amounts from Your Account ("Auto Debit") without prior notification. This authorization continues until full payment. You agree to notify the Company in writing of Account changes. For Auto Debit transactions rejected for insufficient funds ("NSF"), the Company may retry processing within 30 calendar days and charge an additional $100 CAD for each NSF attempt as a separate transaction. You certify You are an authorized Account user and will not dispute scheduled transactions corresponding to these terms.
5.2 Refund Policy
All Fees are non-refundable except in the following circumstances:
5.3 14-Day Refund Opportunity
You may request a complete refund ("Refund") within fourteen (14) calendar days following the Effective Date ("Refund Period"). To qualify, You must provide proof during the Refund Period that You completed required course work, including: (1) screenshots demonstrating proper course execution; (2) copies of all homework assignments; (3) proof of active community group participation; and (4) screenshots showing complete course completion (collectively, "Proof"). Submit Proof in writing via email to support@luxurytravelcoach.ca. If the Company determines the Proof is satisfactory at its sole discretion, the Refund will be provided within thirty (30) calendar days after receiving all Proof. Failure to provide proper Proof during the Refund Period waives all Refund rights.
Supplementary products and courses: No refunds are available for additional products and courses.
5.4 Electronic Payment Processing Notice
Some payments may be processed through Stripe or other electronic payment vendors. The Company may also provide payment processing related applications and services to merchants. Payments may be declined for certain activities, including illegal or prohibited activities. For questions about payment acceptance, review the applicable vendor's policies. Your relationship with electronic payment vendors is separate from Your relationship with the Company and governed by the vendor's terms and conditions available on their websites. The Company is not responsible for third-party payment processor actions or omissions.
5.5 Chargeback Policy
You agree to request a refund before initiating a chargeback with Your financial institution. Attempting a chargeback results in forfeiture of access to Company products and services. We may present proof of Your consent to these Terms and product/service access to the financial institution.
6. COMPANY SERVICES
The Company grants You a revocable, non-transferable, non-exclusive license to access and use the Website subject to this Agreement's terms and conditions. The Company will use commercially reasonable efforts to provide uninterrupted Website access during the Agreement Term (collectively, "Company Services").
7. WEBSITE USAGE
7.1 User Information
To access the Website and Content, You must provide certain registration information including Your name, email address, mailing address, and Account information if selecting the Installment Plan. The Company uses this information to create Your account profile for Website access. This information must be accurate; failure to notify the Company of changes constitutes Agreement breach.
7.2 Intellectual Property Rights
All Website content and features, including information, software, images, text, designs, graphics, video, audio, and their arrangement, are owned by the Company, its licensors or other material providers, and protected by copyright, patent, trademark, trade secret and other intellectual property laws. The Company name, trademarks [Luxury Travel Coach, White Orchid Designs], logo, and all related names, logos, product and service names, designs and slogans are Company or licensor trademarks. You may not use such trademarks or Company intellectual property without prior written consent.
7.3 Personal Use Only
The Website and Services are exclusively for personal, non-commercial use. You may not use content or materials for commercial purposes or public display.
7.4 Reproduction Prohibited
You may not reproduce, distribute, modify, create derivative works, republish, transmit, sell, resell, or exploit any Website material.
7.5 Usage Restrictions
You will not, and will not permit third parties to: (i) distribute or copy Website portions, including Content, without Company written authorization; (ii) alter or modify Website portions, including Company technologies; (iii) access Content through unauthorized technology or means; (iv) use the Website commercially without Company written authorization. Prohibited commercial uses include: (a) selling Website, Content or service access via other websites or media; (b) using Website, Content or services for advertising or subscription revenue; (c) selling advertising on the Website or third-party websites targeting Content; (d) any Website, Content or service use that the Company determines competes with or displaces the market for the Website or Content; (v) use automated systems, including "robots," "spiders," or "offline readers," that access the Website sending more server requests than humanly possible with conventional browsers. The Company grants public search engine operators permission to use spiders for creating publicly searchable material indices, but not caches or archives. The Company reserves rights to revoke these exceptions; (vi) collect personally identifiable information from the Website or use communication systems for commercial solicitation; (vii) commercially solicit Website users regarding User Submissions; (viii) impersonate persons or organizations related to this Agreement; (ix) harass other Website users; (x) circumvent, disable or interfere with Website security features or features preventing or restricting use or copying of Content or enforcing Website or Content limitations; (xi) violate any laws.
7.6 Third-Party Websites
The Website may contain third-party website links not owned or controlled by the Company. The Company has no control over and assumes no responsibility for third-party website content, privacy policies or practices. The Company cannot censor or edit third-party site content. BY USING THE WEBSITE, YOU EXPRESSLY RELEASE THE COMPANY FROM ALL LIABILITY ARISING FROM THIRD-PARTY WEBSITE USE.
7.7 Copyright Infringement
If You are a copyright owner or agent believing Content infringes copyrights, You may submit Digital Millennium Copyright Act ("DMCA") notification to the Company's Copyright Agent, Ariane Henry, providing the following written information (see 17 U.S.C 512(c)(3)): (i) physical or electronic signature of person authorized to act for exclusive rights owner allegedly infringed; (ii) identification of copyrighted work claimed infringed, or representative list if multiple works at single site; (iii) identification of allegedly infringing material to be removed or disabled and information sufficient for service provider location; (iv) information sufficient for service provider contact, including address, telephone, and email if available; (v) statement of good faith belief that complained use is unauthorized by copyright owner, agent or law; (vi) statement that notification information is accurate and, under perjury penalty, that You are authorized to act for exclusive rights owner allegedly infringed. The Company's designated Copyright Agent for claimed infringement notifications: support@luxurytravelcoach.ca. You acknowledge that failure to comply with all Section requirements may invalidate Your DMCA notice.
8. RESTRICTIVE COVENANTS
8.1 Acknowledgments
You acknowledge: (i) Company business is conducted worldwide; (ii) these covenants are essential Agreement elements without which Company would not have entered this Agreement; (iii) the Website provides access to Company Confidential Information; (iv) Company has developed long-standing client relationships and covenant breaches would cause substantial goodwill loss and irreparable harm; (v) restrictions imposed are reasonable in time, scope and duration, designed to protect goodwill, Confidential Information, Company continued success, and client relationships; (vi) restrictions imposed are not harmful to the public.
8.2 Confidential Information
Company Confidential Information includes proprietary, confidential, or secret knowledge, data or matters, whether transmitted in writing, orally, visually or otherwise, used in, associated with, or related to the Company, current or anticipated Company business, research, development, design, and marketing activities, and those of parties granting Company rights or identified to You orally or in writing, together with analyses or documents containing or reflecting such matters, including know-how, technology, financial information, trade secrets, client lists, client names or identities, vendor, licensor, client or consultant contract details, pricing policies, operational methods, marketing plans or strategies, product development techniques or plans, business acquisition plans, personnel acquisition plans, manufacturing methods, drawings, specifications, personnel data, processes, formulas, designs and design projects, computer programs, inventions and research projects of the Company or affiliated entities, unless otherwise publicly available other than through Your disclosure (collectively, "Confidential Information").
8.3 Confidential Information Non-Use and Non-Disclosure
You agree not to use or disclose Confidential Information to third parties, directly or indirectly, for any reason except at Company express written direction or as legally required.
8.4 Client Non-Solicitation
During the Agreement Term and for two (2) years after termination ("Restricted Period"), You shall not solicit or cause others to solicit for their benefit or any other person or entity's benefit, any Company client or potential client without first obtaining Company written consent. "Client" refers to individuals, businesses or entities doing business with the Company before You entered this Agreement, or introduced to the Company by You after entering this Agreement; "Potential Client" refers to individuals, businesses or entities who were not actual Company clients but had disclosed Confidential Information to the Company regarding their programs or needs, or to whom the Company had made service proposals.
8.5 Employee Non-Solicitation
During the Agreement Term and Restricted Period, You shall not solicit or cause others to solicit for their benefit or any other person or entity's benefit, any Company employee or independent contractor without first obtaining Company written consent.
9. TERM & TERMINATION
9.1 Agreement Term
This Agreement commences on the Effective Date and continues until terminated as described below.
9.2 Termination Rights
You may terminate Website use at any time. The Company may terminate this Agreement, or suspend or terminate Your Website access, at any time for any reason, if the Company suspects Agreement violation and may seek other available legal remedies. Your rights terminate automatically upon Agreement breach or Website use termination. You remain liable for all Website use obligations even after cessation. If paying Fees on Installment Plan and not fully paid at termination, Fees become immediately due and payable in full upon Agreement termination.
10. DISCLAIMERS; LIABILITY LIMITATIONS
10.1 General Disclaimer
To the fullest extent legally permitted, we expressly disclaim liability for direct, indirect or consequential loss or damage incurred by You or others in connection with our Website and Services, including liability for revenue loss; actual or anticipated profit loss; contract loss; business loss; opportunity loss; goodwill loss; reputation loss; contract loss; data damage or corruption; or indirect or consequential loss, whether foreseeable or in Party contemplation, whether caused by negligence, contract breach or otherwise. Neither the Company nor associated persons make warranties or representations regarding Website completeness, security, reliability, quality, accuracy or availability or that the Website will meet Your needs or expectations. Neither the Company nor associates warrant that the Website, Services, related content, or services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, or that the Website or its server are virus-free or free from harmful components. The foregoing does not affect liability that cannot be excluded or limited under applicable law. Website and Services are for informational/educational purposes only. We do not warrant information accuracy, completeness, or usefulness. Any reliance on such information is strictly at Your own risk. The Company shall not be liable for any liability arising from reliance on such materials by You or other Website visitors, or anyone informed of contents. We are not medical, legal, financial or other professionals, or if we are, we are not acting in professional capacity. Nothing on this Website and Services should be construed as medical, legal, or financial advice.
10.2 Warranty Disclaimers
Your Website use, its content, Services or items obtained through the Website is at Your own risk. The Website, its content, Services or items obtained through the Website are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for particular purpose, title and non-infringement.
10.3 Earnings Disclaimer
While we may reference certain results, outcomes or situations on this Website or Services, You understand we make no guarantee regarding third party statement accuracy or Your success likelihood from these statements. You understand individual results and outcomes vary. We cannot guarantee Your success merely from accessing, purchasing or completing Website and Service materials. Website or Service results displayed are not guaranteed or typical.
10.4 No Guarantees
YOU AGREE THE COMPANY HAS NOT GUARANTEED RESULTS FROM TAKING ANY ACTION, WHETHER RECOMMENDED ON THIS WEBSITE OR NOT. THE COMPANY PROVIDES EDUCATIONAL AND INFORMATIONAL RESOURCES INTENDED TO HELP WEBSITE USERS SUCCEED IN BUSINESS AND OTHERWISE. YOU NEVERTHELESS RECOGNIZE YOUR ULTIMATE SUCCESS OR FAILURE RESULTS FROM YOUR OWN EFFORTS, PARTICULAR SITUATION, AND INNUMERABLE OTHER CIRCUMSTANCES BEYOND COMPANY CONTROL AND/OR KNOWLEDGE. YOU ALSO RECOGNIZE PRIOR RESULTS DO NOT GUARANTEE SIMILAR OUTCOMES. THUS, RESULTS OBTAINED BY OTHERS, WHETHER COMPANY CLIENTS OR CUSTOMERS OR OTHERWISE, APPLYING PRINCIPLES SET OUT IN THIS WEBSITE ARE NO GUARANTEE YOU OR ANY OTHER PERSON OR ENTITY WILL OBTAIN SIMILAR RESULTS.
10.5 Liability Limitation
THE COMPANY, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS OR AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR WEBSITE ACCESS OR USE, CONTENT OR PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW CONSEQUENTIAL OR INCIDENTAL DAMAGE EXCLUSION OR LIMITATION, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE MAXIMUM COMPANY LIABILITY TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT THE COMPANY RECEIVED FROM YOU TO ACCESS THE WEBSITE AND/OR USE PRODUCTS AND/OR SERVICES. COMPANY LIABILITY SHALL BE LIMITED TO COMPANY ASSETS. NO PERSONAL LIABILITY SHALL BE ASSERTED OR ENFORCEABLE AGAINST COMPANY MANAGERS, MEMBERS, EMPLOYEES OR AGENTS ON ACCOUNT OF THIS AGREEMENT AND YOUR WEBSITE USE. IF YOUR WEBSITE, SERVICE, AND/OR PRODUCT USE RESULTS IN EQUIPMENT OR DATA SERVICING, REPAIR, OR CORRECTION NEEDS, YOU ASSUME ALL COSTS. EACH AGREEMENT PROVISION PROVIDING LIABILITY LIMITATION, WARRANTY DISCLAIMER, OR DAMAGE EXCLUSION ALLOCATES RISKS BETWEEN PARTIES. THIS ALLOCATION IS AN ESSENTIAL BARGAIN BASIS ELEMENT. EACH PROVISION IS SEVERABLE AND INDEPENDENT OF ALL OTHER AGREEMENT PROVISIONS. LIMITATIONS IN THIS SECTION APPLY EVEN IF LIMITED REMEDY FAILS OF ESSENTIAL PURPOSE.
10.6 INDEMNITY
You agree to defend, indemnify and hold harmless the Company, its managers, members, employees and agents, from all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees) arising from: (i) Your Website use and access; (ii) Your Agreement violation; (iii) Your third-party rights violation, including copyright, property or privacy rights. This defense and indemnification obligation survives the Agreement Term.
10.7 Affiliate Disclaimer
As part of Company Services, the Company may suggest You acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed by respective owners or licensees. You must agree to owner or licensee terms and conditions before installing Third Party Software, whether the Company assists in acquisition, installation, and/or use. The Company has no Third Party Software responsibility or rights and does not license Third Party Software to You or make representations or warranties regarding Third Party Software. The Company may have monetary relationships with third parties selling Third Party Software ("Affiliate" or "Affiliates"). This clause discloses Company potential financial relationships with Affiliates, advertisers, sponsors and other third parties the Company works with. If You purchase Third Party Software recommended by the Company, the Company may receive additional Affiliate compensation. Despite the foregoing, the Company and representatives provide honest opinions and commercial experiences regarding recommended Third Party Software.
11. MODIFICATION
The Company may modify this Agreement at any time for any reason at its sole discretion. You agree to be bound by any modified Agreement. Continued Website use constitutes acceptance of any modified Agreement.
12. ASSIGNMENT AND BINDING EFFECT
Company rights and benefits under this Agreement are transferable, and all covenants and agreements hereunder inure to the benefit of and are enforceable by or against successors and assigns. You may not assign this Agreement.
13. CALENDAR DAYS AND TIME
Any "day" or "days" reference herein means calendar, not business days, unless otherwise expressly granted. If notice or obligation performance dates fall on Saturday, Sunday, or Federal holiday, said notice or obligation may be given or performed on the next business day.
14. CONFLICT
If any Agreement terms and provisions contradict or conflict with Company Terms of Service terms and provisions, this Agreement terms and provisions shall govern and control.
15. HEADINGS, CAPTIONS, ETC
Headings herein are inserted for convenience only, and do not define, limit, or describe Agreement scope or provision intent, are not considered in Agreement construction, and where inconsistent with text, are disregarded.
16. NOTICE
Any notice or communication required or permitted under this Agreement shall be in writing and delivered by email. Notices and communications shall be addressed to and delivered at the following address:
If to Company: Name: White Orchid Designs Ltd. DBA Luxury Travel Coach Email: support@luxurytravelcoach.ca
Notice must be addressed to recipient signatory at the stated address or recipient's last known e-mail address. Email notice is deemed given if confirmed by delivery receipt or read receipt.
17. PROMOTIONS
The Company may periodically include contests, promotions, sweepstakes, or other activities ("Promotions") requiring You to submit material or information concerning Yourself. All Promotions may be governed by separate rules containing certain eligibility requirements, such as age and geographic location restrictions. You are responsible for reading all Promotion rules to determine eligibility. If You enter any Promotion, You agree to abide by and comply with all Promotion Rules. Additional terms and conditions may apply to Website goods or services purchases, which terms and conditions are incorporated into this Agreement by reference.
18. PUBLICITY
The Company may, at its discretion, use You as a customer reference. Serving as "customer reference" means the Company may include Your name, photo, logos, success stories, testimonials, and business/brand name on its client list and reference You in corporate brochures, other printed materials, press releases, social media, and any other medium.
19. SEVERABILITY
Should any provision, covenant, agreement, or Agreement portion or its application to any person or entity be held invalid by a competent jurisdiction court, remaining Agreement provisions and validity, enforceability, and application to any person or entity shall not be impaired, but such remaining provisions shall be interpreted, applied, and enforced to achieve, as near as possible, Agreement purpose and intent to the greatest extent permitted by applicable law.
20. SURVIVAL
Unless otherwise provided herein, all Party obligations not fully performed as of Agreement expiration or earlier termination shall survive Agreement termination.
21. WAIVER
No Agreement term, provision or condition waiver, whether by conduct or otherwise, in one or more instances shall be deemed or construed as further or continuing waiver of any such Agreement term, provision or condition. If either Party waives Agreement breach by the other Party, that waiver will not operate or be construed as waiver of later similar breaches.
22. ACCEPTANCE
You acknowledge and agree that by clicking the ACCEPT button or similar buttons or links designated by the Company to show Your approval, or Your initial Website access (the Effective Date herein), You are entering a legally binding contract under this Agreement terms.
23. DISPUTES
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS GOVERNING AGREEMENT DISPUTES. THE PARTIES AGREE ANY CAUSE OF ACTION ARISING FROM OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23.1 Definition
"Dispute" means any dispute, action or other controversy between You and the Company concerning this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
23.2 Dispute Notice
In dispute events, You must give the Company dispute notice, which is a written statement setting forth Your name, address, and contact information, facts giving rise to the dispute, and relief requested ("Dispute Notice").
23.3 Alternative Dispute Resolution
Parties shall make good faith efforts to resolve disputes through direct negotiation within sixty (60) calendar days following written dispute notice provided to support@luxurytravelcoach.ca. Should informal resolution efforts prove unsuccessful after the sixty (60) day period, parties agree to participate in mediation conducted through the British Columbia International Commercial Arbitration Centre or another mutually agreed mediation service provider in Vancouver, British Columbia, Canada.
23.4 Individual Claims Only
All claims brought against White Orchid Designs Ltd. DBA Luxury Travel Coach or Ariane Henry must be pursued individually. You expressly waive rights to participate in, initiate, or maintain class actions, collective actions, representative proceedings, or any other group litigation form against the Company.
23.5 Legal Costs and Expenses
If White Orchid Designs Ltd. DBA Luxury Travel Coach is required to take legal action to enforce Agreement terms due to Your breach or non-compliance, You agree to reimburse all reasonable legal costs, attorney fees, and related expenses incurred by the Company in such enforcement proceedings.
23.6 Governing Law and Forum Selection
This Agreement shall be interpreted, construed, and governed exclusively by British Columbia, Canada laws, without regard to conflict of law principles. British Columbia courts shall have exclusive jurisdiction over legal proceedings arising from or related to this Agreement, and all parties consent to such courts' personal jurisdiction. Any legal action must be commenced in Vancouver, British Columbia, Canada.