Please find below the Gogenko.com Terms and Conditions of Use
The purpose of these “Terms and Conditions of Use” is to provide a legal framework for the use of the Gogenko.com site and its services.
This contract is concluded between :
The owner of the website, hereinafter referred to as “the Publisher”,
Any natural or legal person wishing to access the site and its services, hereinafter referred to as the “User”.
The general terms and conditions of use must be accepted by all Users, and access to the site implies acceptance of these conditions.
2: Legal notice
The Gogenko.com website is published by Gogenko.com Travels & Events Inc. “the Publisher”, whose head office is located in Montreal, QC, Canada. The registration number with the legal authorities of Quebec, Canada is 1175298554.
Attention vendors: Federal Tax Number 729233130RT0001. Provincial Tax Number 1227345396TQ0001.
3: Description of services provided
Users of the Gogenko.com site have access to travel advice services for LGBTQ+ customers. Gogenko.com Travels & Events Inc. strives to provide information on the Gogenko.com website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or of the making of third-party partners who provide it with this information. All information on the Gogenko.com website is given as an indication only and is subject to change. Furthermore, the information on the Gogenko.com website is not exhaustive. The information is subject to change since its publication. Gogenko.com is a travel information site, connecting Users with online travel agencies, travel wholesalers or comparators, private tour operators, private travel agencies or establishments offering accommodation and/or activities. Currently, Gogenko.com does not market any travel offers directly in its name. Once the User clicks on or is directed to a partner offer and leaves Gogenko.com to go to a third-party site, the User is properly considered to have left Gogenko.com. The change of site to a third party site will be done in a clear and fluid way so that the User understands the website change. Therefore, the new partner’s name, design, etc. will be present on the page to which the User has been directed. Gogenko.com shall not be liable in any way for any dispute between the User and the service purchased from a third party website.
Gogenko.com does not collect any payment information from its Users for any reason. Gogenko.com is a completely free service and is remunerated by the commissions paid by the third party partners with whom Users will purchase the final service.
In the near future and with the necessary legal obligations, the Publisher will market its own travel and/or activity and/or event offers to its Users. This will clearly be stated on the final Gogenko.com transactional page and the Publisher may, at that time, collect, via a secure banking provider, the payment information necessary for the successful delivery of the purchased service by the User. The present terms and conditions will then be updated.
Any User with access to the Internet may access the Gogenko.com site free of charge from anywhere. The costs incurred by the User in accessing the site (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
The following services are only accessible to the User identified with his login details (hereinafter referred to as the “Member”): personal space.
The website is normally accessible to users at all times. However, Gogenko.com may decide to interrupt the site for technical maintenance purposes and will endeavour to inform users of the dates and times of the intervention beforehand. In case of an outage beyond Gogenko.com’s control involving a cessation of accessibility, the Publisher will endeavor to make the Gogenko.com site available as soon as possible, when the safety of Users is again assured. The Gogenko.com website is updated regularly. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the User who is invited to refer to them as often as possible in order to take note of them.
The use of the Gogenko.com website implies full acceptance of the general terms and conditions of use. These conditions of use may be modified or completed at any time. Users of the Gogenko.com site are therefore invited to consult them regularly.
4: Responsibility of the User
The User is responsible for the risks associated with the use of his login and password.
The User’s password must remain secret. In case of password disclosure, the Publisher is not held responsible.
The User assumes full responsibility for their use of the information and content on the Gogenko.com site
Any use of the services by the User that directly or indirectly results in damage to the Gogenko.com site shall be subject to compensation to the Publisher.
The Gogenko.com site allows the Member to post comments, videos and photographs on the site as part of the “Gogenko.com Local Expert” program.
Member agrees to use language that is respectful of others and respectful of the law, and agrees that such postings may be moderated or rejected by the Publisher, without any obligation to provide justification.
By publishing on the Gogenko.com site, the Member grants the Publisher the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his/her publication, directly or through an authorized third party.
However, the Publisher undertakes to cite the Member when using its publication.
Gogenko.com reminds its Users that any comment, publication or article made by a Member on the Gogenko.com site or outside the Gogenko.com site (social networks, blogs, Internet sites, public platforms, etc.) is completely beyond the control of Gogenko.com and therefore the Member is entirely responsible for it, without any possibility of prosecution on Gogenko.com.
Gogenko.com therefore reserves the right to take legal action in Canada, the European Union, or any other country against any Member who makes any defamatory, homophobic, transphobic, racist, offensive, or pornographic statement in any medium, including, but not limited to, text, photographs, or video. Finally, the User shall not, for any reason whatsoever, disclose on the Internet or in any other medium, all or any part of a private written or oral exchange, first name, last name, or contact information of any Gogenko.com employee, contractor, or partner, without the prior written consent of one of the executives of Gogenko.com Travels & Events Inc.
5: Liability of the Publisher
The Publisher cannot be held responsible for any server or network malfunction. In addition, the Gogenko.com site cannot be held responsible in the event of major force or the unforeseeable and insurmountable act of a third party.
The Gogenko.com site is committed to implementing all necessary means to ensure the security and confidentiality of data. However, it does not provide a guarantee of total security.
The Publisher reserves the right not to guarantee the reliability of the sources, although the information published on the site is deemed reliable.
6: Intellectual Property
Gogenko.com is a protected work under the provisions of Canadian law and any applicable international regulations. The User may not in any way reuse, transfer, or exploit for their own benefit any or all of Gogenko.com’s materials or works.
The Editor is the owner of the intellectual property rights and holds the rights of use on all the accessible elements on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. The Publisher uses its own visuals, royalty-free visuals (provided by third-party services such as Unsplash) and visuals for which the rights have been purchased (provided by third-party services such as Shutterstock). In the latter case, the credit is systematically indicated in all editorial content. If video is used (e.g. via the YouTube embedding module) or content is made available free of charge by a third party, the source is also specified.
Any reproduction, representation, modification, publication, adaptation of all or part of the Gogenko.com site, by whatever means or process, is strictly prohibited, except with the prior written permission of the Editor. Therefore, the User must obtain the Publisher’s authorization before reproducing, copying or publishing any of these contents.
The latter may be used by Users for private purposes; any commercial use is strictly prohibited. The User is entirely responsible for any content he puts online and he undertakes not to harm any third party.
The Publisher reserves the right to freely moderate or remove content posted by Members at any time without justification.
Any unauthorized use of the Site or any of its contents will be considered an infringement and will be prosecuted in accordance with Canadian and international law.
7 : Limitations of liability
The Publisher is responsible for the quality and accuracy of the content published. The Editor cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the Gogenko.com website, and resulting either from the use of equipment that does not meet minimum security specifications, or from the appearance of a bug or incompatibility. The Publisher shall not be liable for any indirect damages (such as, but not limited to, loss of profits or loss of opportunity) arising out of the use of the Gogenko.com website. Interactive areas (possibility of asking questions in the contact area) are available to Users. The Editor reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in Canada, the European Union, and all countries where Gogenko.com is accessible, in particular the provisions relating to data protection. If necessary, the Editor also reserves the possibility of questioning the civil and/or penal responsibility of the User, in particular in the event of message with homophobic, transphobic, racist, injurious, defamatory, or pornographic character, whatever the support used (for example but without being limited to it: text, photograph or video).
8 : Gogenko Flights
8 : Gogenko Hotels / Hotel presentation inserts
10 : Personal data
The User must provide personal information to register on the site as a Member. The User’s e-mail address may be used by Gogenko.com for such purposes as providing information and managing the account. The User has the right to access, rectify, delete and oppose his personal data. The User may exercise this right by sending an e-mail to [email protected]
11 : Hypertext links
Gogenko.com is not responsible for and has no control over the domains to which the hypertext links on the site lead.
It is possible for a third party to create a link to a page on Gogenko.com without the express permission of the Publisher.
12 : Evolution of the general terms and conditions of use
Gogenko.com reserves the right to change the terms and conditions of use at any time without notice.
13 : Contract duration
The duration of this contract is indefinite. The contract is effective for the User from the moment he starts using the service.
14 : Applicable law and jurisdiction
Any dispute relating to the use of the Gogenko.com site is subject to the laws of Quebec, Canada. In the event of any discrepancies between the translated texts of these terms and conditions in other languages available on Gogenko.com, the French language text shall prevail.