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TERMS AND CONDITIONS

LAST UPDATED: March 13TH, 2024

These terms and conditions (the “Terms and Conditions”) govern the use of www.masx.party (the “Site”). This Site is owned and operated by MASX ENTERTAINMENT INC. (the “Company”). This Site is an ecommerce website.

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By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

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In this Terms and Conditions document:

  1. “Client” and/or "you" and/or "your" shall mean the person(s) who is using the website and/or the person(s) that intends to use the goods and services purchased on our Site;

  2. “Supplier” shall mean goods and services providers with whom the Company made arrangements to provide goods and services to you in connection with the Tour, including Supplier’s agents, representatives of any form; and

  3. “Tour” shall mean a package of goods and services, including but not limited to – hotel accommodations, food and drinks, entertainment, event tickets, flights, leisure activities, other associated goods and services provided by the Company and/or provided by Suppliers arranged by or through the Company, as set out in the itinerary and other documents furnished by the Company from time to time.

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Intellectual Property

All content published and made available on our Site is the Property of the Company. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

 

Age Restrictions

The minimum age to use our Site and to purchase a Tour is 18 years old. By using this Site, you agree that you are over 18 years old. The Company does not assume any legal responsibility for false statements about age.

 

Sale of Goods and Services

These Terms and Conditions govern the sale of goods and services available on our Site.

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The following goods and services are available on our Site:

  • Tour packages for various countries worldwide.

  • Event tickets for P.u.M.P. and other events that may be advertised on our Site.

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Goods and services will be paid for in full or in part when ordered and in accordance with the Company FAQ.  

 

These Terms and Conditions apply to all the goods and services that are displayed on the Site at the time you access it. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide primarily due to third-party providers. Client agree to purchase goods and services from our Site at their own risk.

 

The Company reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount that you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

 

Third Party Goods and Services

Our Site offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

 

Payments

The Company accepts the following payment methods on our Site:

  • Credit Card; and

  • PayPal.

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The following payment options are available:

  • Pay in full at the time of purchase. The Company will then issue you a payment receipt. 

  • Pay the deposit on your Tour package of choice by selecting that option on the Site and then the Company will contact you to arrange a payment plan suitable to your needs. The Company will then send you an invoice for the balance owing. 

 

When you provide us with your payment information, you authorize our use of and access of the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

 

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

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Cancellations and Refunds

Depending on the time of year you cancel we will refund your trip according to the following schedule: 

  • 75% refund - Minimum 6 months before the start date of the tour.

  • 50% refund - Minimum 5 months before the start date of the tour.

  • 25% refund - Minimum 4 months before the start date of the tour.

Cancellation after the periods above WILL NOT be subject to a refund. Also, please note that deposits are non-refundable. 

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Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, only the mandatory provisions of that legislation will apply.

 

Links to Other Websites

The Company Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

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Limitation of Liability

The Company and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

 

Indemnification

Except where prohibited by law, you agree to indemnify and hold harmless the Company and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of use of our Site or use of any of the goods and services offered on our Site:​

 

Client acknowledge and understand:

  1. The potential risks associated with wildlife areas, and natural reserves in any country that you choose to visit;

  2. The potential risks associated with large bodies of water that may be affected by unexpected weather, tides and other circumstances, that may not have effective warning or control systems that might be expected in first-world jurisdictions;

  3. The potential risks associated with various forms of travel in remote locations, that may have poorly maintained infrastructure;

  4. The potential risks of suffering bodily harm, injury, illness, death, damages as well as loss of or damage to property, which may arise as a result of an encounter with or presence of wild, dangerous or unpredictable animals (including birds, mammals, amphibians, reptiles, fish and insects), as well as the prevalence of communicable, tropical and other diseases, and similar health hazards;

  5. The potential risks associated with under-developed or partially-developed countries and jurisdictions, including acts of terrorism, the unavailability of reliable electricity and communications, and problems associated with limited or unavailable health, safety and security services;

  6. The potential risks associated with the consumption of alcohol and attending events with loud music and lights; and

  7. All other potential risks that may arise in travelling to foreign countries.

 

The Client acknowledge and accept that:

  1. The Company will not be liable in respect of any damages, losses or liabilities incurred by you arising from or in connection with the Tour. Notwithstanding anything else contained herein, the Company shall not be liable for punitive damages, indirect damages, consequential damages, loss of profits, third party claims or any claims imposed on you by laws or statutes of any countries. The Company shall not be liable for any damages, losses or other amounts that you have agreed, settled or compromised without the prior written consent of the Company, or which you are otherwise contractually bound to pay to any other person or entity;

  2. The Company will not be liable for the cancellation or postponement of any of the events outlined in the Tour’s itinerary, whether this be due to unforeseen circumstances, or an Act of God;

  3. The Company will not be liable or responsible to for any direct or indirect damages or losses of any nature whatsoever, including those arising from any personal injury or death or loss of or damage to any property unless caused by the Company’s recklessness or willful misconduct (irrespective of the cause of such injury, death, loss or damage);

  4. Client indemnify, hold harmless and expressly exempt and release the Company from any and all liabilities and claims arising from any cause whatsoever, including those related (whether directly or indirectly) to you, and your dependents’ participation in the Tour;

  5. Client hereby waive and abandon any and all liabilities and claims of any nature whatsoever, howsoever arising, which you might have against the Company, and releases the Company against any and all liability and claims that may arise or accrue to you;

  6. Each of the indemnities, disclaimers, waivers, releases and other provisions of this Agreement are separate and severable provisions which are individually and jointly enforceable. In the event that any one or more of the provisions of this Agreement are found to be invalid, unlawful and/or unenforceable such provisions will be severable from the remaining provisions and the remaining provisions shall continue to be valid, in full force and effect.

  7. Client will voluntarily participate in any Company Tours purchased entirely at your own risk.

 

Photo/Video Release

The Client hereby grant permission to the rights of your image, likeness and sound of your voice as recorded on audio or video without payment or any other consideration. You understand that your image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of your image or recording. You also understand that this material may be used in promotional material for the Company, Supplier’s and/or other third parties attending events outlined in the Tour. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. Some images and/or recording will be made available for Client download on our Site. 

 

Consequential Costs

You confirm that all additional expenses incurred by you (if any) during your participation of the Tour (which do not form part of the Tour price), will be personally paid by you before departure (unless prior written arrangements have been made with the Company).

 

Changes and Modification of Terms and Conditions

The Company reserve the right to modify these Terms and Conditions from time to time in order to maintain compliance with the law and/or to reflect any changes to the way we operate. Therefore, you should review these pages periodically. When we change the Terms and Conditions in a material manner, we will notify you that material changes have been made to the Terms and Conditions by posting a notice on our Site. Your continued use of the Site and/or our service after any such change constitutes your acceptance of the new Terms and Conditions.

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Applicable Law

These Terms and Conditions are governed by the laws of the Province of Ontario.

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Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

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Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

 

 

You can also contact us through the contact form available at the bottom of each page on our site www.masx.party.

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