Terms & Conditions
This website is owned by Vancouver All Stars Baseball Ltd. (hereinafter “VASB”), and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
3. OTHER POLICIES AND AGREEMENTS
When you purchase services from VASB using the www.vancouverallstars.ca website, your purchase is subject to separate Terms and Conditions of Sale applicable to the website. Certain additional terms and conditions may apply to purchases of services and other uses of portions of the www.vancouverallstars.ca website.
4. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. VASB reserves the right to refuse service, terminate accounts or cancel orders in their sole discretion.
5. PRODUCT INFORMATION
Price and availability of information provided on this website is subject to change without notice. All prices quoted are in Canadian dollars.
6. COPYRIGHTS AND TRADEMARKS
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by VASB, and VASB does not represent or warrant that such material does not infringe the rights of any other person or entity.
7. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
8. ELECTRONIC COMMUNICATIONS
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10. CHANGES TO TERMS / SEVERABILITY
VASB may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
This website is controlled and operated by VASB from Vancouver, British Columbia, Canada. VASB makes no representation that materials on the website are appropriate or available for use in other locations outside of British Columbia. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
14. ENGLISH LANGUAGE
You expressly agree that these terms and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que ces conditions d’utilisation et tous les documents y afférents soient rédigés en anglais seulement.
Last update: May 21, 2013
This agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of products and/or services (the “Services” or “Products”) from Vancouver All Stars Baseball Ltd. (“VASB”) using the www.vancouverallstars.ca website. VASB reserves the right to change these terms and conditions without prior written notice at any time, at VASB’s sole discretion.
The terms “you” and “your” refer to the purchaser of Products using the www.vancouverallstars.ca website.
PLEASE READ THIS AGREEMENT CAREFULLY! BY USING THIS WEBSITE TO MAKE ON-LINE PURCHASES OF PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE FOUND IN SECTION 11.
1. CONSENT TO USE OF ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and VASB over the Internet or by e-mail, and that this Agreement (together with any applicable Order Confirmation(s) accepted by VASB as indicated in Section 3, below) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. OTHER DOCUMENTS, AGREEMENTS AND POLICIES
3. SUBMITTING REGISTRATIONS
Before submitting any registration through the “Submit” button you will have on your screen the completed registration form describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for taxes. Registrations are not binding on VASB until accepted by VASB. VASB’s acceptance of your order is evidenced by return e-mail from VASB indicating that your order has been accepted.
VASB reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. In the event that your order is cancelled after your payment has been processed, VASB will issue a full refund.
All prices quoted are payable in Canadian Dollars. Although VASB strives to provide accurate product and pricing information, errors may occur. VASB reserves the right to correct any errors in pricing or product information and to modify the prices of Products, at any time, without prior notice. VASB cannot confirm the price of a Product or Service until after you submit an order for the Product or Service. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the www.vancouverallstars.ca website and/or the Submitting Registrations) is incorrect due to an error in pricing or product information, VASB may, at its sole discretion, refuse or cancel your order, whether before or after VASB’s acceptance thereof. If there is such an error in pricing, VASB will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product or Service at the correct price.
6. PAYMENT TERMS
Terms of payment shall be determined at VASB’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by VASB. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
7. PRODUCT / SERVICE AVAILABILITY
The availability of certain Products may be limited, and Products may not be available immediately as they are for a later set program date. VASB may revise or cease to make available any Products or Services at any time without prior notice. In the event that VASB is unable to deliver you a Product or Service ordered due to lack of availability, VASB will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product or Service, provided that VASB may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised date if and when there are alternate scheduling options available.
8. TAXES & CHILDREN’S FITNESS TAX CREDIT
Unless otherwise stated, all advertised prices quoted do not include applicable federal and provincial sales taxes. Separate charges for taxes will be shown on the Registration Form for each Registration, as applicable. You are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the Registration.
The confirmation email serves dually as a receipt for all registrations. You may choose to claim a Children’s Fitness Tax Credit through the Canada Revenue Agency using this receipt. Click here for more information on the CRA fitness tax credit.
All Product returns are subject to the VASB Refund Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
10. GOVERNING LAW AND JURISDICTION
This website and its server are physically located within the Province of British Columbia, Canada. This Agreement shall be construed and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein and shall be treated in all respects as a British Columbia contract, without reference to principles of conflict of law.
11. DISPUTE RESOLUTION; INJUNCTIVE RELIEF
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION CLAUSES IN THE CONTEXT OF CERTAIN AGREEMENTS WITH CONSUMERS.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to this Agreement including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in this Agreement or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THIS AGREEMENT SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND VASB BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 11, schedule A or any other provision of this Agreement, VASB shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
13. NO ASSIGNMENT
You may not assign your rights or obligations under this Agreement without the express written consent of VASB.
This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
16. ENTIRE AGREEMENT
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and VASB relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, verbal or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by VASB making such amendments or modifications available to it pursuant to this Agreement.
17. NO WAIVER
The failure of VASB to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of VASB to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
18. ENGLISH LANGUAGE
You expressly agree that this Agreement and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que cette entente et tous les documents y afférents soient rédigées en anglais seulement.
Last update: May 21, 2013