Terms of Use

Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Stellar Niche regarding your access to and use of our website and services. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

Changes to Terms

Stellar Niche reserves the right to modify these Terms of Use at any time. We will indicate changes by updating the "Last Updated" date at the top of this document. Material changes will be communicated through our website or direct notification to registered users.

Your continued use of our website or services after changes take effect constitutes acceptance of the modified terms. We encourage you to review these terms periodically to stay informed of updates.

Use of Website

Permitted Use

You may use our website for lawful purposes related to learning about our services, making bookings, and accessing information about wilderness expeditions in Canada. You agree to use the website in a manner consistent with all applicable laws and regulations.

Prohibited Activities

You may not use our website to:

• Violate any local, national, or international law or regulation
• Transmit any harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the website's functionality or security
• Collect or harvest information about other users without permission
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any automated data collection without explicit written consent
• Use the website for commercial purposes unrelated to our services

Booking and Services

Reservation Process

When you book an expedition through Stellar Niche, you enter into a service agreement subject to our booking terms and conditions. These include payment schedules, cancellation policies, and participant requirements detailed in your booking confirmation.

Participant Requirements

By booking an expedition, you represent that:

• You meet the minimum age and fitness requirements for your chosen trip
• You have accurately disclosed relevant health conditions and limitations
• You possess valid travel documents if crossing international borders
• You will comply with guide instructions and safety protocols
• You have adequate travel and health insurance coverage

Pricing and Payment

All prices are listed in Canadian Dollars unless otherwise specified. Prices are subject to change without notice, though confirmed bookings honor the price at the time of reservation.

Payment terms, including deposit requirements and final payment deadlines, are specified in booking confirmations. Failure to meet payment deadlines may result in cancellation of your reservation.

Cancellations and Refunds

Client Cancellations

Cancellation policies vary by service but generally follow this structure:

• More than 60 days before departure: Full refund
• 30-60 days before departure: 50% refund
• Less than 30 days before departure: No refund

Specific cancellation terms for your booking are provided in your confirmation documentation. Refunds are processed within 14 business days of cancellation approval.

Company Cancellations

Stellar Niche reserves the right to cancel expeditions due to insufficient enrollment, extreme weather conditions, safety concerns, or other circumstances beyond our reasonable control. In such cases, we will offer a full refund or the option to transfer to another available date.

We are not responsible for consequential costs you incur due to our cancellation, such as travel arrangements or accommodation bookings. We strongly recommend purchasing comprehensive travel insurance.

Assumption of Risk

Wilderness travel involves inherent risks including but not limited to:

• Exposure to extreme weather and temperature variations
• Challenging terrain and physical exertion
• Wildlife encounters
• Remote location with limited access to medical facilities
• Natural hazards such as rockfall, avalanche, or flooding

By participating in our expeditions, you acknowledge these risks and assume responsibility for any injury or loss that may result from participation. You agree to follow all safety instructions provided by our guides.

While we maintain comprehensive safety protocols and employ experienced guides, we cannot eliminate all risks associated with wilderness travel.

Liability Limitations

To the fullest extent permitted by law, Stellar Niche, its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or participation in our services.

Our total liability for any claims arising from our services shall not exceed the amount you paid for the specific expedition in question.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

Exceptions

Nothing in these terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law

Intellectual Property

Website Content

All content on our website, including text, graphics, logos, images, and software, is the property of Stellar Niche or its content suppliers and is protected by Canadian and international copyright laws.

You may view and print content for personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works from our content without explicit written permission.

Trademarks

Stellar Niche and our logo are trademarks of our company. Other trademarks, service marks, and trade names appearing on our website are the property of their respective owners. Use of any trademarks without permission is strictly prohibited.

User-Generated Content

If you submit feedback, suggestions, or other communications to us (excluding personal information subject to our Privacy Policy), you grant Stellar Niche a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and distribute such content.

You represent that any content you submit does not violate any third-party rights and that you have all necessary permissions to grant us the license described above.

Third-Party Links

Our website may contain links to third-party websites for your convenience. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party sites.

Your use of third-party websites is at your own risk, and we encourage you to review the terms and privacy policies of any external sites you visit.

Indemnification

You agree to indemnify, defend, and hold harmless Stellar Niche, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of our website or services
• Your violation of these Terms of Use
• Your violation of any third-party rights
• Any content you submit or transmit through our website

Disclaimers

Website Accuracy

While we strive to provide accurate and up-to-date information, we make no warranties or representations regarding the completeness, accuracy, or reliability of any content on our website.

Information about expeditions, routes, and conditions may change due to factors beyond our control. Always verify critical information directly with our team before making travel plans.

Service Availability

We do not guarantee that our website will be available at all times or that it will be free from errors, viruses, or other harmful components. We reserve the right to modify, suspend, or discontinue any aspect of our website without notice.

Privacy

Your use of our website and services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our website, you consent to our privacy practices as described in that document.

Governing Law

These Terms of Use are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts located in Alberta for resolution of any disputes arising from these terms or your use of our website and services.

Dispute Resolution

We prefer to resolve disputes amicably through direct communication. If you have concerns about our services, please contact us first so we can attempt to resolve the issue.

If informal resolution proves unsuccessful, both parties agree to attempt mediation before pursuing litigation. Mediation shall be conducted in Canmore, Alberta, or another mutually agreeable location.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any booking-specific terms and conditions, constitute the entire agreement between you and Stellar Niche regarding your use of our website and services.

These terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Stellar Niche.

Waiver

Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Stellar Niche.

Contact Information

For questions about these Terms of Use or any aspect of our services, please contact:

Stellar Niche
347 Wilderness Trail
Canmore, Alberta T1W 2E8
Canada
Email: [email protected]