Terms & Conditions - Vancouver All Stars Baseball Camp

1. USE OF THIS WEBSITE

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.


2. PRIVACY

Our privacy practices are explained in our Privacy Policy which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by VASB in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.


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

You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to VASB’s privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to VASB by accessing or using this website does not infringe the rights of any other person or entity.


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.


9. LINKS

Links and references to other websites are provided to you as a convenience only. VASB has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by VASB. To obtain permission, contact our Website administrator at This email address is being protected from spambots. You need JavaScript enabled to view it. .

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.


11. JURISDICTION

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.


12. COOKIES

We may use “cookies” to track your preferences and activities on the VASB website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.


13. HEADINGS

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




TERMS AND CONDITIONS OF SALE

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

Your use of this website is governed by separate Website Terms and by our Privacy Policy (the “Other Policies”). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Agreement (and, in particular, the dispute resolution provision in Section 11 of this Agreement) shall supersede and take precedence over the provisions of the Other Policies; in the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this website.


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.


4. CANCELLATION

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.


5. PRICE

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.


9. REFUNDS

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.


Binding Arbitration

Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present Agreement (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding its negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including schedule A below) (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, in accordance with the arbitration rules set out inschedule A below, which Schedule is incorporated into and forms an integral part of this Agreement. However, before you submit a Claim for arbitration, you must first contact our customer service at This email address is being protected from spambots. You need JavaScript enabled to view it. , and give us an opportunity to resolve the dispute. Similarly, before VASB takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or VASB is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in schedule A below.

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.


12. HEADINGS

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.


14. ENUREMENT

This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.


15. SEVERABILITY

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