Terms of Use - GoalieUp

Terms of Service

(Last modified on June 23, 2017)

1. Introduction, Definitions, Modifications and Acceptance

Welcome to the GoalieUp Application and Website. We are confident that you will find our services useful. And fun. Hockey is fun! These Terms of Use (the “TOU”) cover several different situations, so please refer to the following definitions for clarification:

“Application” refers to the free app for iOS or Android created and owned by GoalieUp. Application also includes any Application updates and upgrades that GoalieUp may provide to you or make available to you, or that you obtain after the date you obtain your initial copy of the Application, to the extent that such items are not accompanied by a separate Terms of Use. The Application may be specified as either “iOS Application” or “Android Application”, for use with respect to the Application’s operating system environment.

“Device” refers to the handheld or tablet device onto which you downloaded the Application and are using the Services.

“GoalieUp” refers to GoalieUp Limited, a duly incorporated company in the province of Quebec, Canada. Where the present TOU refers to “GoalieUp”, it may refer to GoalieUp and / or its employees, officers, directors, subcontractors, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to GoalieUp. In these TOU, a Website visitor or Services user may be referred to as “you”. When a Services user has created an account and is logged in, they may be referred to as a “Logged-in User”.

“Services” are the proprietary software services that GoalieUp has developed to allow hockey teams who require the services of a Goalie to rent a Goalie to play in a Game. The Services may be accessed either on the Website or through the Application.

“Website” is the website located at http://www.goalieup.com which is owned and operated by GoalieUp, and includes all subdomains, present and future.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy.

By visiting the Website, using the Services on the Website, or downloading, using or accessing the Application on your Device, you hereby accept to be bound by these TOU without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website or Services. If you have downloaded the Application and do not agree to all the provisions of the TOU, you must delete the Application from your Device. The TOU are a legal and binding agreement between you and us.

In the context of the Application, these TOU may also be referred to as, and are equivalent to, an “End User License Agreement” or “EULA”.

GoalieUp reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website and / or Application following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, you will be notified upon logging-in to the Services or via email.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website and / or Application.

If you have any questions about the TOU, please contact:

GoalieUp Legal Services
legal@goalieup.com

or:

GoalieUp Legal Services
39 8e Rue
Montréal, Québec H8Y 1G6
Canada

2. General Code of Conduct for Use of the Website or Services

By visiting the Website and / or using the Services, you agree to:

Not use the Website or Services in any manner that in any way violates these TOU;
Not use the Website or Services in any manner that violates any intellectual property rights of GoalieUp or any third party;
Not use the Website or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
Not use the Website or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to GoalieUp or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of GoalieUp, other Services users, or any other third party;
Not: (1) take any action that imposes or may impose (as determined by GoalieUp in its sole discretion) an unreasonable or disproportionately large load on GoalieUp’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or Services or any activities conducted on the Website or through the Services; (3) bypass any measures GoalieUp may use to prevent or restrict access to the Website or Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or Application; or (5) harvest or scrape any content from the Website or Application in an unreasonable manner;
Use the Website and / or Services in good faith, and in compliance with all applicable local, provincial, national, and international laws.

3. Use of the Application

The Application is licensed, not sold. GoalieUp grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use on the Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application.
You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
You agree that you are solely responsible for (and that GoalieUp has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOU, and for the consequences (including any loss or damage, direct or indirect, which GoalieUp may suffer) of any such breach. Where a third party uses the Application on your Device, you are solely responsible for conforming to these TOU and any breach thereof shall be your responsibility.

4. Privacy Policy and Permissions for the Application

Our Privacy Policy explains how GoalieUp treats your Personal Information (as that term is defined in the Privacy Policy) and protects your privacy when you use the Website or Application. By installing, accessing or using the Application or visiting or using the Website you explicitly agree to the use of your data in accordance with the Privacy Policy, which may be updated from time to time and without notice.
By installing, accessing or using the Application or using the Website or Services, you consent to those information collection and usage terms.
In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of the Device that are not part of the Application and developed by third parties. These are known as permissions, and you agree that GoalieUp has the right to access third-party computer code on the Device in this manner and as described in the Privacy Policy.

5. Accessing and Downloading the iOS Application from the Apple iTunes Store, and Related Acknowledgements

You acknowledge and agree that (i) these TOU are concluded between you and GoalieUp only, and not Apple, and (ii) GoalieUp, not Apple, is solely responsible for the Application and content thereof. Your use of the Application must comply with the Apple App Store Terms and Conditions, which you are responsible to review from time to time.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Services with respect to the Application.
Apple will have no warranty obligation whatsoever with respect to the Application. As between GoalieUp and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GoalieUp, or as further specified and limited hereinafter.
You and GoalieUp acknowledge that, as between GoalieUp and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and GoalieUp acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, GoalieUp, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified in section 3 above and elsewhere in these TOU.
You and GoalieUp acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOU as related to your license of the Application, and that, upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your license of the Application against you as a third party beneficiary thereof.
You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Without limiting any other of these TOU, you must comply with all applicable third party terms of agreement when using the Application.
You acknowledge that updates to the iOS Application are subject to the approval of Apple, and GoalieUp, its affiliates, and their respective shareholders, officers, directors, employees, agents, subcontractors, partners, principals, representatives, successors and assigns (collectively “Representatives”) shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.

6. Users, Accounts, Passwords and Logged-in Users

There are two types of accounts available for the Services, distinguished by two different types of Services users. “Renters” may sign up to use the Services to book the use of a Goalie for a hockey game (a “Game”). “Goalies” are individuals who have signed up to the Services to offer to Renters their performance as goaltenders in Games.

In order to use the Services in either capacity, you are required to create an account. Accounts are free, and are available to anyone who provides the requisite information. The information required to create an account for Renters is the following: a valid email address, first and last name, and mobile phone number. Goalies must submit this information as well as additional information, as more fully detailed in the Privacy Policy. This submitted information may be referred to in the present TOU or the Privacy Policy as “Account Information”.

As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties.

If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. GoalieUp and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.

GoalieUp reserves the right to terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more further described hereinbelow.

7. Use of the Services, Acknowledgements, Fees, and Disclaimers

a. Use of the Services
Renters may use the Services in order to book the use of a Goalie or two Goalies for a Game (a “Booking”). At the time of the Booking, the Renter must enter all the required information (the “Booking Criteria”, which includes Game time, date, length, type and location; and information about the Goalie(s) needed). GoalieUp and its Representatives shall not be responsible when a Renter enters incorrect or inaccurate Booking Criteria at the time of the Booking.

When a Goalie plays a Game after being booked by a Renter, this shall be called a “Placement” in these TOU.

b. Goalie Acknowledgments
When you sign up for an account as a Goalie, use the Services as a Goalie, or play in a Game as a Goalie, you acknowledge and agree that:

You are at least 18 years of age or the age of majority in your jurisdiction;
All the information you submit, including but not limited to your skill level / calibre, is true and accurate to the best of your knowledge;
You shall be suitably prepared to play Games, i.e. in a state of appropriate mental and physical fitness, and donning the equipment appropriate to the performance of hockey goaltending, and shall arrive no later than 20 minutes prior to the start of the Game;
You are not considered an employee, agent, or subcontractor of GoalieUp, or in any other similar legal relationship with GoalieUp;
You shall arrive on time for the Game for which you have been booked.
If you are unable to play in a Game for which you have been booked, you shall cancel the Booking through the Services no later than 4 hours prior to the starting time of the Game for which you are booked;
You shall be responsible for collecting the Rental Fee (as defined below) from the Renter for your Placement;
If you arrive late for a Game, your Rental Fee shall be adjusted as described in the next sub-section;
Upon the third instance of your arriving late for a Game or not showing up for a Game for which you have been booked (as reported by the Renter who booked you), you shall be placed on probation and not be available for Bookings for a period of thirty (30) days. Upon completion of the 30 days, you shall be reinstated to use the Services. If you subsequently are late by five (5) minutes or more or do not show up for a Game, your account shall be cancelled and you shall be permanently barred from using the Services as a Goalie;
You shall be responsible for paying any applicable income taxes or any similar government charges on Rental Fees you receive for any Placements;
You shall solely be responsible for your actions during Games, including but not limited to physical damage to property or other players caused by you and verbal misconduct (as defined by the National Hockey League, and expressly release GoalieUp and its Representatives from any and all liability or responsibility therefrom; and
You shall not bypass the Services by offering your services as a Goalie directly to a Renter. If a Renter solicits you at a Game to bypass the Services, you shall report this to GoalieUp as part of the feedback process.

c. Fees, Payment Processing and Other Charges
The “Fees” contemplated in this section are of two types:

“Rental Fees” are the Fees paid by a Renter to a Goalie for playing in a Game; and
“Booking Fees” are the Fees payable by the Renter to GoalieUp for use of the Services.

All amounts of Fees listed in these TOU or through the Services are in Canadian dollars and include sales taxes as applicable. GoalieUp retains the absolute discretion to set the amount of the Fees. The amounts of the Fees listed in this section is subject to change without notice, which shall be posted upon your making a Booking. As a Renter, you agree to pay the Fees as described in this section.

Rental Fees in the amounts listed below shall be paid by a Renter to a Goalie directly, at the time of the Game, in cash. Timing and method of payment may be changed if the Renter and Goalie mutually agree. GoalieUp and its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure of the Renter to not pay the Rental Fee to a Goalie, and shall not compensate the Goalie in such a case. GoalieUp retains the absolute right to immediately and without notice cancel the account of any Renter who does not pay any Rental Fee as required by these TOU.

Renters agree to pay the following Rental Fees to a Goalie for each Placement, which shall vary depending on the length of the Game. Fees shall be as indicated in this list and summarized in the table below:

60 minutes: $40
90 minutes $50
120 minutes: $70

Duration	Goalie Fee
60 Minutes	$40.00
90 Minutes	$50.00
120 Minutes	$70.00

In addition to the basic Rental Fees just described, Renters shall also pay the following fees to the Goalie if the Game goes longer than the time specified in the Booking:

0-5 minutes of additional Game time - $0
5-10 minutes - $10
10-15 minutes - $15
15 minutes or more - twice the original Rental Fee shall be paid to the Goalie.

If a Goalie is late to a Game, the Rental Fee shall be reduced by the following amounts:

0-5 minutes late - $0
5-10 minutes - $10
10-15 minutes - $15
15 minutes or more – the entirety of the Rental Fee shall not be paid.

When you make a Booking as a Renter, you shall be responsible for paying of the Booking Fee at the time of the Booking, as specified in the following table:

	One (1) Goalie/Game Booking	Two (2) Goalies/Game Booking
Booking Fee Pricing	$20.00	$30.00

These Booking Fees are the same no matter the length or type of Game. If you have a valid coupon or discount code, it shall be applied and displayed during the payment process. In the event that an incorrect discount is applied, GoalieUp reserves the right to refuse or cancel any Bookings listed at an incorrect discount. GoalieUp reserves the right to refuse or cancel any such Bookings whether or not the Booking has been confirmed and the Renter’s credit card charged.

All Booking Fees paid through the Services are processed using a secure https:// connection, and payment processing is handled through the online payment processor Stripe. Stripe currently accepts Visa, MasterCard, and American Express as payment options, but these are subject to change without notice. Once transactions are accepted by Stripe, they are processed in accordance with Stripe’s program rules and procedures and Terms of Use. GoalieUp and Stripe are unaffiliated companies and GoalieUp has no influence on the operations of Stripe. GoalieUp and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of Stripe.

Where you are using the Services on a Device, you shall be responsible for any data charges incurred from your wireless carrier or other data provider while using the Application.

d. Cancellations and Refunds
As a Renter, you shall be entitled to a full refund of the Booking Fee in the following circumstances:

You cancel the Booking, no later than 6 (six) hours prior to the start of the Game;
The Services are unable to provide a Goalie that match your Booking Criteria;
The booked Goalie cancels the Booking and no replacement is found by the Services;
The Goalie fails to arrive for a Game for which they were booked; or
The Goalie arrives late for a Game for which they were booked.

In all cases, the refund shall be issued to the same credit card used to pay the Booking Fee. Timing of the refund shall depend upon the reason – at the time of the cancellation for a Booking cancelled by the Renter, or within 1 (one) business day following a Game where a Placement did not occur for any of the reasons listed above. GoalieUp shall not be responsible for any delay in processing of refunds caused by Stripe.

If you have requested two Goalies in the same Booking, and two Goalies have already been booked, you shall not be entitled to a refund or partial refund of the Booking Fee if you subsequently modify the Booking to only one Goalie.

e. Additional Terms and Acknowledgements
By using the Services, you acknowledge and agree that:

You shall be solely responsible for any third-party costs or expenses incurred in the event that a Goalie fails to complete a Placement for any reason;
You shall be solely responsible for any adjustments of the Rental Fees for lateness or extra time as described above, and release GoalieUp from any responsibility for any disputes arising from adjustments to Rental Fees, lateness of a Goalie, or other related issues that occur during a Game;
As a Renter, you may cancel your Booking no later than 6 hours prior to the start of a Game. If you cancel your Booking after this time, you shall not receive a refund of the Booking Fee;
As a Renter, you shall not solicit the Goalie at a Game directly to bypass the use of the Services; and
GoalieUp shall not be responsible for any ancillary fees associated with a Booking and / or playing a Game, such as arena parking fees, ice rental fees, equipment rentals, etc.
As a confirmed Goalie, faillure to show up to a confirmed engagement, shall be resposible to reimburse the Renter the Booking Fee paid to GoalieUp for confirming a Goalie. Should the Goalie refuse GoalieUp's request to reimburse the Renter will result in the Goalie being banned from the GoalieUp service.

f. Assumption of Risk and Disclaimers Regarding the Services
Without limiting the generality of the Disclaimer of Warranties and Limitation of Liability sections further in these TOU, you, as a Goalie or Renter, acknowledge and agree that:

You assume any and all risks, liabilities, and potential damages (whether pecuniary or non-pecuniary) to you arising from or associated with your involvement in or use of the Services or any activities arising from your use of the Services, including but not limited to participation in a Game, and explicitly release GoalieUp and its Representatives from any liability therefrom; and
You assume any and all risks, liabilities, and potential damages (whether pecuniary or non-pecuniary) to any third party arising from or associated with your involvement in or use of the Services or any activities arising from your use of the Services, including but not limited to participation in a Game, and explicitly release GoalieUp and its Representatives from any liability therefrom.

8. Proprietary Rights

You acknowledge that: (a) the Application and Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) GoalieUp and/or third parties own all right, title and interest in and to the Application and Website and content that may be presented or accessed through the Application and Website, including without limitation all Intellectual Property Rights therein and thereto.

The Application is being licensed to you and you hereby acknowledge that no title or ownership in the Application is being transferred or assigned and these TOU should not be construed as a sale of any rights in the Application. All rights not specifically granted under these TOU are reserved to GoalieUp and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Application or Website, or content that may be presented or accessed through the Application or Website for any purpose, unless otherwise permitted; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Application or Website; or (iii) remove, obscure, or alter GoalieUp’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application or Website.

The content, arrangement and layout of the Website and Application, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to GoalieUp, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of GoalieUp, or as permitted by the functionality of the Website or Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Website or Application, Computer Code, images, logos, videos, audio or trademarks found in the Website or Application or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and GoalieUp may take action accordingly.

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, or JavaScript or similar files, templates, modules, or any similar files, and related documentation.

If you choose to communicate to GoalieUp (via any means) suggestions for improvements to the Website or Services (collectively, “Feedback”), GoalieUp shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to GoalieUp and waive in favor of GoalieUp, its successors and assigns all your moral rights in the Feedback, and agree to provide GoalieUp such assistance as GoalieUp may require to document, perfect, and maintain GoalieUp’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to GoalieUp, you are not entitled to any compensation or reimbursement of any kind from GoalieUp under any circumstances.

Apple and iOS are registered trademarks of Apple Inc. Android is a registered trademark of Google Inc.

9. Interruption of Service

From time to time, the Website or Services may be unavailable for brief periods of time for maintenance and / or modifications to the Website or Services. While we will endeavour to make this unavailability as brief as possible, GoalieUp and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website or Services, and disclaims any responsibility thereto.

10. Termination of the Website or Services and the TOU

You agree that GoalieUp, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, withdraw your account credentials or otherwise terminate your access to or use of the Website or Services (or any part thereof), immediately and without notice, for any reason, including, without limitation, if GoalieUp believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy.

GoalieUp may also, in its sole discretion and at any time, discontinue providing the Website or Services, or any part thereof, with or without notice. You agree that GoalieUp shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Website or Services, or from GoalieUp’s termination of the Website or Services, or any part thereof.

You may also choose to terminate your access to the Services by cancelling your account. If you wish to cancel your account, please contact us at info@goalieup.com.

Termination of the Website or Services or your access to the Website or Services shall terminate the present TOU as between you and GoalieUp. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

11. External Links

From time to time GoalieUp may provide links to other websites or services. Links from the Website or Application may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. GoalieUp provides those links as a convenience to you and GoalieUp takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. GoalieUp does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

In no way will GoalieUp or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or Application or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

12. Disclaimer of Warranties

You expressly understand and agree that your use of the Website or Services, the information thereon (whether provided by GoalieUp or third parties) or any activity arising from your use of the Website or Services (including but not limited to a Goalie’s actions or performance in a Game) or the information thereon or the materials downloaded therefrom is at your sole risk. The Website or Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or Device or loss of data that results from the download, stream or access of any material obtained through the use of the Website or Services or any other functionalities of the Website or Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Website or Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website or Services (including but not limited to a Goalie’s actions or performance in a Game), the information thereon or any materials downloaded therefrom.

The information or resources provided through the Website or Services, written or produced by GoalieUp staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website or Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and GoalieUp shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or through the Services.

GoalieUp expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website or Services, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose, including but not limited to a Goalie’s actions or performance in a Game. GoalieUp, and its directors, officers, employees, agents, suppliers, partners and subcontractors do not warrant that: (i) the Website or Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website or Services is free of viruses or other harmful components; or (iv) the results of using the Website or Services, or any activity arising therefrom (including but not limited to a Goalie’s actions or performance in a Game), or any content downloaded therefrom will meet your requirements.

13. Limitation of Liability

GoalieUp shall not be liable and assumes no responsibility for any loss or damages arising from or in relating to the information on the Website or Services or downloaded therefrom, the use of the Website or Services, activities arising from your use of the Website or Services (including but not limited to a Goalie’s actions or performance in a Game), or any third party materials on the Website or available through the Services.

To the maximum extent permitted by law, in no event will GoalieUp or it Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or Services or your use, misuse or inability to use the Website or Services, even if GoalieUp has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

Notwithstanding anything to the contrary in the TOU, in no event will GoalieUp’s aggregate liability for any claims in connection with your use of the Services exceed the lesser of (i) CAD$ 100 and (ii) the total amount of Booking Fees paid by you over the past 6 (six) months.

14. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by GoalieUp or its Representatives, you agree to indemnify, defend and hold harmless GoalieUp and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or Services or the information thereon or information downloaded therefrom; (ii) your participation in any activities arising from the Website or Services (including but not limited to a Goalie’s actions or performance in a Game) or the information thereon or information downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

15. Governing Laws and Jurisdiction

These TOU, and your use of the Website or Services shall be governed by and construed in accordance with the laws of the Province of Quebec in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and GoalieUp shall be brought exclusively in the courts located in the Judicial District of Montreal, Quebec, Canada. Notwithstanding the foregoing, GoalieUp shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

16. Miscellaneous Provisions

The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and GoalieUp with respect to your use of the Website or Services, superseding any prior agreements between you and GoalieUp, its predecessors, affiliates or subsidiaries. When you download the Application, you are also subject to the Terms of Service and Privacy Policy of the application distribution system you used to download the Application (i.e. iOS App Store or Google Play, hereinafter “Third-Party Application Distributor”). We strongly suggest reading those documents prior to installing the Application. GoalieUp shall in no way be held responsible for any losses or damages, whether pecuniary or otherwise, to you or any third party for your failure to adhere to the Terms of Services and / or Privacy Policy of any Third-Party Application Distributor when downloading and / or using the Application. If you choose to bypass the Third-Party Application Distributor and download the Application, you have violated these TOU and are barred from using the Application. Without limiting the generality of Disclaimers and Limitation of Liability sections elsewhere in these TOU, in no way shall GoalieUp and its Representatives be responsible for your use of the Services or any actions or damages (pecuniary or otherwise) arising from your use of the Services if you have bypassed the Third-Party Application Distributor.
GoalieUp shall not be liable for any failure to perform its obligations under the present TOU
where such failure results from any cause beyond GoalieUp’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
The failure of GoalieUp to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to GoalieUp.
The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.