Legal

If you are a guest on this website, your use of the website will be governed by the Website Terms of Use set out below.

If you are a guest or a CIBC Aventura cardholder on this website, your use of the website will be governed by both the Website Terms of Use and the CIBC Visa Website User Agreement set out below.

Website Terms Of Use
CIBC Visa Website User Agreement


WEBSITE TERMS OF USE

By accessing www.cibcaventura.com< (the “Site”), you acknowledge these terms of use and agree to be bound by them. If you do not agree to these terms of use, please do not access this Site. CIBC reserves the right, in our sole discretion, to modify, alter or otherwise update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. The terms “CIBC” and “we” refer to CIBC and its affiliates.


  1. Products and Services of CIBC: All products and services referred to on this Site are subject to the terms of the applicable agreement governing their use. These products and services are available in Canada and only in those other jurisdictions where they may be legally offered. This Site does not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.


  2. Copyright: Information on this Site, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources, (the “Site Information”) is protected under the copyright laws of Canada and other countries. Certain items of the Site Information may be the copyright of others. Unless otherwise specified, no one has permission to copy, redistribute or republish, in any form, any Site Information.


  3. Information Provided “As Is”: THIS SITE AND THE SITE INFORMATION IS PROVIDED “AS IS”. CIBC DOES NOT WARRANT THE AVAILABILITY, ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE SITE OR SITE INFORMATION, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS. NO WARRANTY OR CONDITION OF ANY KIND (IMPLIED, EXPRESS, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE IS GIVEN IN THE SITE OR SITE INFORMATION.


  4. Indemnity: You agree to indemnify, defend, and hold CIBC harmless from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on, or in connection with your access and/or use of this Site.


  5. No Liability for Use of Site: CIBC WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES (INCUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THIS SITE OR THE SITE INFORMATION, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN IF CIBC OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.


  6. Hyperlinks & Non-CIBC Sites: Hyperlinks to other Internet resources or web sites are used at your own risk. CIBC makes no representations whatsoever about other web sites which you may access through www.cibcaventura.com. Non-CIBC web sites are not subject to CIBC’s privacy policy or security standards. Links to non-CIBC web sites do not mean that CIBC endorses or accepts any responsibility for such web sites or their content. CIBC reserves the right to terminate any link or linking program at any time.


  7. Applicable Law: Except where prohibited by the laws of your jurisdiction, this site will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law.

CIBC VISA WEBSITE USER AGREEMENT (2008)


PART A: GENERAL

  1. Scope: This Agreement governs your use of CIBC Aventura Visa Online and, if you are an Aventura Visa Infinite cardholder, this Agreement also governs your use of CIBC Visa Infinite Online, regardless of the technology you use to access these online services.


  2. Other Agreements: This Agreement must be read together with any other existing and future written agreements that you have with us and any terms, conditions or disclaimers provided on our Web Site. For example, there are a variety of additional terms, conditions and disclaimers in other agreements that govern your use of Credit Card Accounts. If there is a conflict between a term in this Agreement and any other written agreement with us, the term of the other agreement will apply to the extent necessary to resolve the conflict.


  3. Changes: We may change CIBC Aventura Visa Online, CIBC Visa Infinite Online, the Web Site or this Agreement at any time. We will notify you of a change to this Agreement by posting a notice on our Web Site. Your use of CIBC Aventura Visa Online or CIBC Visa Infinite Online after we post the notice means that you agree to and accept this Agreement as amended. If you do not agree to a change in this Agreement, you must immediately stop using CIBC Aventura Visa Online and CIBC Visa Infinite Online.


  4. Interpretation: Capitalized terms in this Agreement are defined in Section 28 below.

PART B: PASSWORDS AND USER NAME

  1. Passwords: You agree to keep your Passwords absolutely confidential; they are for your use alone. You will not tell anyone else (including a close family member, a friend or any bank or public official) what your Password is. You must carefully select your Passwords so that they cannot be easily guessed by anyone else. When choosing a Password, you must not use:

    • Your name or a close relative's name
    • Your birth date, year of birth, telephone number or address, or a close relative's
    • Your Credit Card number or User Name
    • A number on any ID card you keep with your Credit Card or in your purse or wallet (such as your SIN or driver’s license number)
    • Any other number which can be easily obtained or guessed by someone else, or A password you use for any other service.
    • A password you use for any other service.


    You should memorize your Passwords rather than keep any written record of them. However, if you decide that you truly need to keep a written record, you agree that:

    • You will not record your Password on, or in close proximity to your Credit Card or the record of your User Name. (For example, if you put your Credit Card in your wallet or purse or a drawer, you will not keep a record of your Password there too.)
    • Your Password must be disguised within the written record you make so that no else can easily guess that it is a record of your Password.
    • You will not record your Password electronically on your computer in any way, and you will not store your Password near your computer (for example, on a sticky note placed on the edge of your monitor screen).


    If we send you a Password, you will destroy the document on which it is printed.


  2. Credit Card, User Name or Password Becomes Known:If your Credit Card or User Name is lost or stolen, or you suspect that someone else knows any of your Passwords or is using your Credit Card or User Name, you must notify us by telephone or in person as soon as possible (and in any case within 24 hours after learning or suspecting such loss or use) and follow the instructions that we give to you. To report a lost or stolen Credit Card, you can call CIBC Credit Card Services at 1 800 465-4653. Subject to any other agreement you have with us, we will not be liable for any improper transaction from your Credit Card Account or other loss if you have not given CIBC notice as required by this Section 6.

    If you suspect that someone else knows any of your Passwords, you must change all of your Passwords immediately.


  3. Responsibility for Losses: You are responsible for any Losses that result from your own use of your Credit Card or User Name and your Passwords, or from any use by a person that you authorized (contrary to Section 5) to use your Credit Card or User Name and your Passwords. You are also responsible for any Losses that result if:

    • You make an entry error when using CIBC Aventura Visa Online or CIBC Visa Infinite Online,
    • You claim that a Credit Card Account was accessed by someone else but you do not co-operate fully in an investigation by us or the authorities, or
    • Someone else uses your Credit Card or User Name without your authority but your actions (or inaction) contribute to that unauthorized use.


    You acknowledge that the amount of Losses for which you may be held liable is not limited by the credit limit on your Credit Card Account.


  4. Use an Anti-Virus Program, Anti-Spyware Program and Firewall; Signing Off: The computer you use may be vulnerable to viruses or online attacks that seek to intercept sensitive information that you provide through the Internet. To reduce the chances of harm, you should ensure that any computer you use to access CIBC Aventura Visa Online or CIBC Visa Infinite Online (including a computer at work, the library, an Internet cafe or another public place) has an up-to-date anti-virus program, anti-spyware program and a firewall. To prevent unauthorized access to your Credit Card Account, you must sign off of CIBC Aventura Visa Online or CIBC Visa Infinite Online and close your browser as soon as you finish using it.

PART C: PROVISIONS FOR END USER LICENSE

  1. Application of Part C: This Part C will only apply to your use of the travel-related booking services and solutions provided on this Web Site by Amadeus North America, Inc. (“Amadeus”) that display the disclaimer “© 2008 Amadeus IT Group S.A. All Rights Reserved”, and any related pages, which may include computer software and Internet-based services (“Amadeus Travel Solutions”).


  2. Grant of License: Provided that you comply with all terms and conditions of this Part C, CIBC grants you a non-exclusive, non-transferable, fully revocable, right to access and use the Amadeus Travel Solutions for planning, booking, and purchasing of travel itineraries at the fees stated in the agreement between you and CIBC as stated in the Amadeus Travel Solutions.


  3. Provider of Services: You acknowledge and agree that some or all of the Amadeus Travel Solutions provided under this Part C may be furnished by CIBC’s supplier – Amadeus or its affiliates or licensors, pursuant to an agreement between CIBC and Amadeus (the “License Agreement”). By utilizing the Amadeus Travel Solutions on this Web Site, you expressly understand, acknowledge, and agree that you do not acquire any rights under that License Agreement. You further understand, acknowledge, and agree that, upon expiration or termination of the License Agreement between CIBC and Amadeus, your rights to access and use the Amadeus Travel Solutions shall immediately cease. You further acknowledge and agree that Amadeus is a third party beneficiary to this Agreement and that, as a third party beneficiary, Amadeus has the right to enforce (i) all rights of CIBC in this Part C, and (ii) all obligations assumed by CIBC under the terms of this Part C. You consent to personal jurisdiction in any action brought by CIBC or Amadeus as a third party beneficiary.


  4. Intellectual Property Rights: You agree that the Amadeus Travel Solutions, the specific design and structure of the individual components of the Amadeus Travel Solutions and their interaction, as well as other design rights and know-how related to the Amadeus Travel Solutions (including any modifications or enhancements thereto) are and shall remain the sole exclusive property of CIBC or its suppliers, as applicable, and that no intellectual property rights or rights other than those expressly stated in Section 10 of Part C are being transferred to you by way of Part C. You acknowledge and agree that you will not copy, modify, merge, supplement, reverse engineer, reverse assemble, decompile, or disassemble the Amadeus Travel Solutions.


  5. Suspension or Termination for Prohibited Use: In the event your use of the Amadeus Travel Solutions causes immediate material harm or significant risks to the Amadeus Travel Solutions, as determined by CIBC or its suppliers in their discretion, CIBC or its suppliers may immediately suspend all your access rights and other services you receive pursuant to Part C or, in the event the foregoing action does not prevent a prohibited use, terminate the rights in Part C.


  6. Customer Data: CIBC agrees that all personally identifiable information or data in individually identifiable format related to you (“Customer Data”) which is received, used or stored in connection with the Amadeus Travel Solutions is your confidential information. Notwithstanding anything to the contrary herein, CIBC and its suppliers may gather, compile, commingle and use aggregate, anonymous statistical or analytical data and/or performance information about its provision and the use of the Amadeus Travel Solutions. Such aggregate data may be used by CIBC and its suppliers for financial, accounting, product optimization, customer support, and other business purposes and, provided such aggregated data does not contain any of your personally identifiable data, may be marketed and sold by Amadeus or its affiliates to travel service providers, travel agencies or others. CIBC and its suppliers, as applicable, retain all ownership and intellectual property rights to that aggregate statistical or analytical data and that aggregate statistical or analytical performance information. Further, nothing herein shall operate to restrict CIBC or its suppliers' rights with respect to the marketing of Marketing Information Data Tapes ("MIDT"), however, such MIDT’s do not contain any of your personally identifiable information or data. Further, and notwithstanding anything to the contrary contained herein, CIBC and its suppliers shall have the full right and authority to allow third party service providers access to and limited and restricted use of Customer Data as necessary for the performance of the service offerings elected by you.

    In the event that you elect to utilize the Amadeus Travel Solutions and such Amadeus Travel Solutions require the transfer of Customer Data to third parties in order to function as intended, CIBC and its suppliers, as applicable, shall have the right and authority to provide necessary third parties with access to and use of Customer Data. You agree to release and indemnify, defend, and hold harmless CIBC and its suppliers (including Amadeus) from any and all liability resulting from your election of or use of the Amadeus Travel Solutions.

    You agree that CIBC and its suppliers by way of this Part C have obtained all necessary permits and consents from you to utilize the Customer Data as stated herein.


  7. Warranties; Neither CIBC nor its suppliers, including Amadeus, warrant, and instead, specifically disclaim all liability for any information, material, services, or reservations provided by any vendor of travel services, products or information. Neither CIBC nor its suppliers, including Amadeus, warrant, and instead, specifically disclaim all liability for any travel or travel related services or reservations you make with any other party, or any travel or travel related expenses incurred using the Amadeus Travel Solutions.


  8. Limitation of Liability: In relation to the Amadeus Travel Solutions, you acknowledge and agree that, notwithstanding any damages that you might incur for any reason whatsoever (including all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of CIBC and its suppliers (including Amadeus) for direct damages you sustain shall be limited to the lesser of the actual damages you incur in reasonable reliance on the Amadeus Travel Solutions up to the amount actually paid by you to utilize the Amadeus Travel Solutions or US$500.00.


  9. Exclusion of Incidental, Consequential and Certain Other Damages, to the Maximum Extent Permitted by Applicable Law: In no event shall CIBC or its suppliers (including Amadeus) be liable for any special, incidental, indirect, punitive or consequential damages whatsoever including, but not limited to, damages for loss of profits or data or confidential or other information, for the loss of data or information communicated through the Amadeus Travel Solutions or otherwise for business interruptions, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to the use of or inability to use the Amadeus Travel Solutions. The provision of or failure to provide support or other services, information, software, and related content through the Amadeus Travel Solutions or otherwise arising out of the use of the Amadeus Travel Solutions, or otherwise under or in connection with any provision of this Part C, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or reach of warranty of CIBC or its suppliers (including Amadeus), and even if CIBC or any supplier has been advised of the possibility of such damages. The foregoing limitations, exclusions and disclaimers stated in Sections 15, 16 and 17 of this Part C shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.


  10. Term: This Part C shall continue to be in full force and effect while you utilize the Amadeus Travel Solutions unless terminated by CIBC.


  11. Third Party Beneficiaries: Amadeus shall be a third party beneficiary to this Agreement.

PART D: THIRD PARTY WEB SITES & HYPERLINKS

  1. Third Party Web Sites: In addition to hyperlinks to CIBC branded supplier web sites, this Web Site also offers hyperlinks to third party web sites, including Tablet Hotels (the “Third Party Sites”). CIBC makes no representations whatsoever about such Third Party Sites which you may access. Non-CIBC web sites are not subject to CIBC’s privacy policy or security standards and will have different contractual terms and web site terms of use. Links to non-CIBC web sites do not mean that CIBC endorses or accepts any responsibility for such Third Party Sites or their content, products or services. To the extent you have a problem with any Third Party Site or their products or services, you should contact them directly. CIBC reserves the right to terminate any Third Party Site link or linking program at any time.

PART E: INTELLECTUAL PROPERTY RIGHTS, PROHIBITED USE & ACCESS TO WEB SITES

  1. Intellectual Property Rights: All information and tools we provide online are proprietary to us and our other licensors, and are protected by intellectual property laws. You agree not to sell, distribute or commercially exploit the information or tools. You further agree not to use the information or tools except for your own personal use.


  2. Prohibited Use: You acknowledge and agree that you will not use the Web Site to: (a) transmit any files, data or other material that actually or potentially infringes the intellectual property rights of any person; (b) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (c) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which it does not have authorization; (d) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (e) as a tool to sell travel directly to the public.


  3. Access to Web Sites; No Streaming of Information: You agree that you will not use CIBC Aventura Visa Online, CIBC Visa Infinite Online or our Web Site for an illegal or improper purpose, or take steps that would have a negative impact on the security, integrity or functioning of our systems. You further agree not to use a third party's website, software or service to access CIBC Aventura Visa Online, CIBC Visa Infinite Online or our Web Site, or to stream any information we provide online.

PART F: LIABILITY, WARRANTIES AND WITHDRAWAL OF ACCESS

  1. Limitation of Liability: You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will be liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from the performance by us of our obligations under this Agreement and we will not be liable to you for any other direct damages. We will not under any circumstances be liable to you for any other Losses, including indirect, incidental, special, punitive or consequential losses or damages, loss of profits, damages for inconvenience, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the services provided to you by us, even if we were advised of the possibility of damages or were negligent. These limitations apply to any act or omission of us or our officers, directors, affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law. Gross negligence in this Section 24 means conduct (whether through action or inaction, or through words or silence) which is (a) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in our position, or (b) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences.


  2. No Liability in Certain Cases: Subject to the governing law of your jurisdiction, we will not under any circumstances be liable to you for any Losses, including direct, indirect, incidental, special, punitive or consequential losses or damages, loss of profits, damages for inconvenience, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss, resulting from:

    • Failure to sign off of CIBC Aventura Visa Online or CIBC Visa Infinite Online after you finish using it
    • Failure to use up to date anti-virus software, anti-spyware software and a firewall on the personal computer you use to access CIBC Aventura Visa Online or CIBC Visa Infinite Online
    • A situation in which CIBC Aventura Visa Online or CIBC Visa Infinite Online is unavailable for any reason, or is available but subject to delays or errors
    • The circumstances where we have indicated that we will not be liable or responsible or that you are responsible in Sections 6, 7 and 26 of this Agreement.


    These limitations apply to any act or omission of us or our officers, directors, affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law, and even we were advised of the possibility of damages or were negligent.


  3. No Warranties: Except for explicit promises we make to you in another agreement in writing, we disclaim any warranties and conditions (including any oral, implied or statutory warranties and conditions) regarding the nature, quality or character of CIBC Aventura Visa Online, CIBC Visa Infinite Online, the Web Site and the Credit Card Accounts.


  4. Withdrawal of Access: We may terminate this Agreement with you or withdraw your access to CIBC Aventura Visa Online or CIBC Visa Infinite Online at any time, without notice to you, in which case this Agreement will continue to apply in respect of your past access. We will not be liable for any Losses or inconvenience that results from our withdrawal of your access.


PART F: OTHER

  1. Definitions: In this Agreement:

    • “Agreement” means this CIBC Visa Website User Agreement.
    • "CIBC" means Canadian Imperial Bank of Commerce.
    • “CIBC Aventura Visa Online” means the online service offered by CIBC that allows you to view CIBC Aventura Visa benefits information and conduct Credit Card or reward redemption transactions after Password authentication. This online service includes a CIBC web site and websites operated by suppliers providing services under the CIBC brand, including Amadeus Travel Solutions.
    • "CIBC Visa Infinite Online" means the online service offered by CIBC that allows you to view CIBC Visa Infinite benefits information and conduct Credit Card transactions after Password authentication. This online service includes a CIBC web site and web sites operated by suppliers providing services under the CIBC brand, including the Amadeus Travel Solutions.
    • "Credit Card" means the credit card bearing the number you use to create an online user profile on CIBC Visa Infinite Online or CIBC Aventura Visa Online.
    • "Credit Card Account" means any CIBC Visa Infinite or CIBC Aventura Visa credit card account you have with us.
    • "including" means including but not limited to.
    • “Losses” means any losses, damages, liabilities or expenses of any kind.
    • "Password" means any passwords you use to sign on to or transact on CIBC Aventura Visa Online or CIBC Visa Infinite Online.
    • "User Name" means the email address you use to sign on to CIBC Aventura Visa Online or CIBC Visa Infinite Online.
    • "we", "us" and "our" means CIBC and its affiliates.
    • "Web Site" means the website operated by CIBC or a CIBC affiliate through which you sign on to CIBC Aventura Visa Online or CIBC Visa Infinite Online.
    • "you" and "your" means the customer with a Credit Card Account which is accessed through CIBC Aventura Visa Online or CIBC Visa Infinite Online.


  2. Governing Law, Etc.: Except for residents of Quebec, this Agreement will be governed by the laws of Ontario and the laws of Canada applicable in Ontario. For residents of Quebec, this Agreement will be governed by the laws of Quebec and the laws of Canada applicable in Quebec. If any term of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect. Termination or expiration of this Agreement shall not affect the provisions of Section 15, 16, or 17 in Part C of this Agreement or this Section 29.


  3. Assignment: You may not assign or transfer the rights granted to you under this Agreement.


  4. Waiver: No waiver by any party of any breach of any provision hereof shall constitute a waiver of any other breach of that or any other provision hereof.


  5. Quebec Only: You confirm that you prefer this Agreement and any related documents be in English. Vous confirmez préférer que cette convention et les documents s'y rattachant soient rédigés en anglais.


  6. Entire Agreement: This Agreement, any other existing and future written agreements that you have with us relating to your Credit Card Account and any terms, conditions or disclaimers provided on our Web Site, constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein and supersedes all prior agreements, consents and understandings related to such subject matter.