TravelVAX Clinic
Terms of Use

Last modified: Feb 22, 2023

These Terms of Use constitute a legal agreement and are entered into by and between you and TRAVELVAX CLINIC INC. (“TravelVAX,” the “we,” “us,” “our”). These terms of use, together with our Privacy Policy (accessible at travelvax.ca/privacy) (collectively, these “Terms and Conditions”), govern your access to and use, including any content functionality, product and services offered on or through travelvax.ca (the “Platform”).
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TravelVAX connects you via our Platform, to a network of nurses, nurse practitioners, pharmacies, and physicians (collectively, “HealthcareProviders”) to provide you remote travel consultations, on-site travel consultations, remote services, and on-site services (collectively, “HealthcareServices”). Travel products and related products may be purchased from the Platform (each a “TravelVAXProduct,” and collectively, “TravelVAXProducts”). These Travel Products may be shipped to your personal address or picked up at one of our locations or network of pharmacies (the “NetworkPharmacies”).

TRAVELVAX IS NOT A TELEMEDICINE CLINIC, HEALTH CLINIC OR A PHARMACY. THE PLATFORM IS LIMITED TO PROVIDING INTAKE, RECCOMENDATIONS AND REFERALS TO OUR HEALTHCARE PROVIDERS AND/OR NETWORK PHARMACIES. THE PLATFORM IS MEANT TO SUPPLEMENT YOUR EXISTING HEALTHCARE PROFESSIONALS AND SHOULD NEVER BE USED FOR EMERGENCY SITUATIONS. YOU ARE RESPONSIBLE FOR ENSURING THAT THE COVID TEST MEETS YOUR NEEDS AND YOUR TRAVEL REQUIREMENTS.

BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

2. Your Use of the Platform and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
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The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. The Platform, including content or areas of the Platform, may require user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.​

Your provision of registration information and any submissions you make to the Platform through any functionality such as phone calls, electronic communications, forms, orders and payments (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at travelvax.ca/privacy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.​

You are prohibited from attempting to circumvent or otherwise violating the security of this Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Platform owner's ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform
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3. Geographic Restrictions

We provide this Platform for use only by persons who are physically located and residing in Canada. This Platform is not intended for use in any jurisdiction where its use is not permitted. Further, we are unable to offer our Platform, Healthcare Services and products to jurisdictions which are not served by our network Healthcare Providers. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

4. Permitted Use

You agree to only use the Platform for the following reasons:

a. To learn about the Healthcare Services offered by our Platform;
b. To connect with and receive Healthcare Services from our Healthcare Providers;
c. To receive general education on travel and travel vaccine-related information;
e. To facilitate payments, refunds and delivery of services from our Platform and Network Pharmacies; and
f. All other interactions as permitted by these Terms and Conditions.

5. Conditions of Use, User Submissions and Site Content Standards

As a condition of your access and use, you agree that you will use the Platform only for lawful purposes and in accordance with these Terms and Conditions.​

The following content standards apply to all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "") to the Platform, to other users or other persons (collectively, "") and any and all Interactive Functions. User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms and Conditions.
Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Submissions shall not:

a. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
b. In any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website.
c. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, gender, gender identity, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in TravelVAX’s sole discretion.
d. Involve, provide, or contribute any false, inaccurate, or misleading information.
e. Impersonate or attempt to impersonate TravelVAX employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
f. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
g. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
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6. ​Site Monitoring and Enforcement, Suspension, and Termination

TravelVAX has the right, without provision of notice to:

​a. At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
b. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
c. Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.
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YOU WAIVE AND HOLD HARMLESS TRAVELVAX AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRAVELVAX AND ANY OF THE FOREGOING PARTIES RELATING TO ANY ACTION, LEGAL ACTION, OR INVESTIGATION BY EITHER TRAVELVAX OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
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7. Grant of License

Provided you meet the Platform’s Geographic Restrictions as set out in Section 3, subject to these Terms and Conditions, and provided that you are 18 years of age or older in Quebec and Alberta or 19 years of age or older in other Canadian jurisdictions, TravelVAX grants you a personal, non-commercial, limited, revocable, non-exclusive, non-assignable and non-transferable license to access the Platform.

8. ​Healthcare Services

Our platform connects you with Healthcare Providers who are responsible for the provision of Healthcare Services. TravelVAX does not endorse any Healthcare Providers or Healthcare Services. Neither TravelVAX, nor its parent company, any of its subsidiaries or affiliates shall be liable for TravelVAX Products and Healthcare Services provided by Healthcare Providers. You acknowledge that your reliance on any TravelVAX Products, Healthcare Providers for Healthcare Services is solely at your risk, and you assume full responsibility for all risks associated with your use of the Healthcare Services.

9. Remote Medical Consultations

You acknowledge that the use of Healthcare Services may involve remote interactions with Healthcare Providers using electronic communications which may include but is not limited to:
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a. Electronic communications with Healthcare Providers via phone, secure text, email, and video communications;
b. Electronic transmission of medical records, photos, health information and other data;
c. Recordings or transcripts of electronic communications between you and Healthcare Providers; and
d. Medical data generated by diagnostic tests, medical devices and other means.

BY USING THE PLATFORM AND THE HEALTHCARE SERVICES, YOU ACKNOWLEDGE THE POTENTIAL RISKS INVOLVED WITH THE USE OF REMOTE HEALTHCARE SERVICES. HEALTHCARE PROVIDERS MAY BE LIMITED IN THEIR ABILITY TO PROVIDE HEALTHCARE SERVICES BECAUSE OF FACTORS INCLUDING BUT NOT LIMITED TO INADEQUATE OR INCORRECT MEDICAL INFORMATION, INADEQUATE DIAGNOSTIC INFORMATION, INADEQUATE ACCESS TO YOUR HEALTH RECORDS, INCORRECT OR INADEQUATE INFORMATION PROVIDED BY USERS, AS WELL AS MISSING MEDICAL HISTORY, PRESCRIPTION HISTORY, DRUG INTERACTION OR DRUG ALLERGY INFORMATION. WHILE WE USE INDUSTRY STANDARD SECURITY MEASURES AND PROTECTIONS, THE FAILURE OF OUR SECURITY MEASURES COULD RESULT IN LOSS OR BREACH OF YOUR PRIVATE MEDICAL AND PERSONAL INFORMATION.​

BY ACCESSING HEALTHCARE SERVICES AND PURCHASING TRAVELVAX PRODUCTS, YOU AGREE AND REPRESENT THAT HEALTHCARE SERVICES AND TRAVELVAX PRODUCTS ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL WHOSE NAME APPEARS ON THE TRAVELVAX PRODUCT ORDER.
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10. No Reliance

The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You should obtain professional medical advice from a qualified healthcare provider before taking, or refraining from, any action or inaction based on the content on our Platform.​

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk and neither TravelVAX nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Platform.​

This Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided TravelVAX, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of TravelVAX. Neither TravelVAX nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
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11. Intellectual Property Rights and Ownership

You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by TravelVAX, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The TravelVAX name and all related names, logos, product and service names, designs, images, and slogans are trademarks of TravelVAX or its affiliates or licensors. You must not use such marks without the prior written permission of TravelVAX. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except:

a. your computer and browser may temporarily store, or cache copies of materials being accessed and viewed; and
b. in the event social media platforms are linked to certain content on our Platform, you may take such actions as our Platform and such third-party social media platforms permit.
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Users are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you copy, or download any part of our Platform in breach of these Terms and Conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by TravelVAX. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

12. Privacy

By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at travelvax.ca/privacy.

13. Electronic Communications and Consent to Receive Calls, Emails and Text Messages

When you use the Platform or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. TravelVAX and our Healthcare Providers may contact you by telephone, mail, or email to verify your account information. TravelVAX may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently created your account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform, Healthcare Services and TravelVAX Products until you provide the information to us as requested.

By providing your mobile number, you are agreeing to be contacted by or on behalf of TravelVAX and our Healthcare Providers at the mobile number you have provided, including calls and text messages, to receive informational, TravelVAX Product or Healthcare Service (e.g., progress tracking, vaccine reminders, and follow-up reminders). Message and data rates may apply. You may unsubscribe from electronic communications by texting us or clicking an unsubscribe link. Please keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and treatment.
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14. ​Third-Party Websites

For your convenience, this Platform may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Platform may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Platform. You may only use these features when they are provided by us and solely with respect to the content identified.
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15. Disclaimer of Warranties

EXCEPT WHERE PROHIBITED OR LIMITED BY LAW, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER TRAVELVAX NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER TRAVELVAX NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
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16. Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL TRAVELVAX NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY PLATFORM CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TravelVAX, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including, but not limited to, your User Submissions, third-party sites, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms and Conditions.

18. Governing Law and Choice of Forum

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. ​

Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.