Sportball at Home Online Terms and Conditions of Use

Effective date: December 10, 2020

Welcome to Sportball at Home created and provided by Sportball Ltd., 39 Glen Cameron Road Unit 8, Thornhill ONTARIO L3T1P1 its subsidiaries and related companies, and its affiliates (together “Sportball Ltd.”, “Company”, “us”, “we”, “our”). These terms of use constitute a binding legal agreement entered into by and between you (“you”, “yours” “Customer”) and us.

The following terms of use (“Terms”), together with our Privacy Notice (“Privacy Notice”), and any documents and/or additional terms expressly incorporated by reference (collectively, this “Agreement”), govern your access to and use, including any content, functionality, and services offered on or through the Sportball at Home website www.sportball.ca (“Website”) (collectively “Services”).

BY USING THE SPORTBALL AT HOME WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY NOTICE, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE SPORTBLL AT HOME. YOU ALSO ACCEPT THESE TERMS AND OUR PRIVACY NOTICE ON BEHALF OF YOUR CHILD.

1. Changes; Modifications

We reserve the right to revise and update these Terms from time to time without prior notice. Any such modifications are effective immediately upon posting and apply to all access and continued use of Sportball at Home. Your continued use of Sportball at Home following any such change constitutes your agreement to be bound by the Terms as changed. We suggest you check back frequently for updates.

2. Parental / Legal Guardian Advisor

Our Services are provided for children (“Child”, “Children”, “Users”). For an optimal experience, we encourage parent or legal guardian (“Adult”) participation throughout “Sportball at home”.  See yourself as your Child’s Personal Trainer.

If full participation is not possible, Adult supervision is still required as Children will need assistance to cast the “Sportball at home” video, set up equipment, and ensure safety during play.

Before using our Services, including our online videos, ensure that the playing area is an open space that is safe and clear of any furniture/objects that may get in the way during participation. Once the playing area is clear, set out the necessary equipment in an area where Children have easy access. There are times when you will need to pause the video to set-up equipment for Children to practice their skills A great coaching tip for all Adults is to provide Children with praise and encouragement throughout their participation.  This will only motivate and inspire them to remain engage and do very their best

3. Assumption of Risk; Supervision Required

There are always risks and dangers, both known and unknown, of serious injury participating in sport activities, including our Services. These risks and dangers may be affected by a number of factors including, but not limited to: the Child’s physical strength, coordination or sense of balance; Child’s experience and training in activities provided by our Services; the proximity of medical care; compliance with the instructions. Our online Programs are not a replacement for continuous care and supervision. Customers fully assume the risk of any personal injury, illness or death occurring to a Child or any other person and whether same occurs while participating in or observing the Services.

Customers agree that Sportball at Home its owners, agents and representatives will not be held responsible for any accidents, damage, injury or loss sustained in connection with participation in the program and express release the aforementioned parties from all claims arising from any such occurrence.

4. Privacy Notice

We collect personal information of Customers and Children as described in our Privacy Notice, available at: https://www.sportball.ca/privacy-policy/, or contact us as: [email protected].

5. Customer Account

In order to access and use certain Services on our Website, you may be required to sign up, open and maintain an account (“Customer Account”) with us. For example, to access our online database of sport videos for your child, a Customer must create a Customer Account.

(a) Customer Accounts and Authentication

In order to create a Customer Account, you must be at least 18 years of age or older, and you must directly register for and open a Customer Account on our Website. You must create a username with password, and follow the steps to create the Customer Account.

(b) Security of Customer Account

All the information you provide must be correct, current, and complete. Any username, password, or other information provided by you as part of our security procedures and must be treated as confidential. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your Customer Account is personal to you. If you share your Customer Account (including username, password or other security information), including with family members, friends or a babysitter, you acknowledge you are accountable for their use of (or misuse) via your Customer Account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

(c) Assistance

If you have any specific questions or concerns that we have not addressed about how to set-up and manage your account, please email us at [email protected].

(d) Deletion of Customer Account

You may delete your Customer Account at any time by contacting us at [email protected]. You understand it may require us up to 30 days to complete any deletion request.

(e) Our Termination of your Customer Account

If we determine you have breached any of these Terms, we have the right, at its sole discretion and without prior notice, to suspend or disable your account. If we delete your Customer Account, you will not be able to create another one without our permission.

6.   Free and Paid Services

We may offer both free and paid Services. Paid Services may include, for example, subscriptions or one-time special events (“Paid Service” or “Paid Services”). If you decided to purchase a Paid Service, you agree specifically to these Terms, and any additional terms we disclose to you at the time of purchase, that collectively constitute your agreement with the Company. You will receive an e-mail with the details of your purchase, as well as link to these Terms, which will constitute your order confirmation (the “Order Confirmation”).

(a) Prices, Payment Methods and Billing

We strive to provide accurate information about our Services, Paid Services and any related pricing, but errors may occur. We reserve the right to correct any errors in Services, Paid Services or pricing and to modify the prices of Paid Services at any time, without prior notice.

(b) Monthly Subscriptions and Prices

The prices for our paid Services, including any monthly subscriptions and other products, will be displayed before, or at the time of checkout.

If you subscribe to one of our monthly subscriptions, the subscription will re-new until the Customer cancels.

(c) Cancelling

You can cancel a monthly subscription at any time by logging in to your Customer Account and click “cancel subscription”. The subscription will end on the last day of the then current 31-day period. You must cancel by 48 hours before the end of the current subscription cycle to avoid being charged for another cycle.

(d) Price Errors

Without limiting the generality of these Terms, in the event that the price is incorrect due to an error in pricing or we may, at our sole discretion, refuse or cancel your order. If there is such an error in pricing, we will cancel your order and reverse any charges that have been applied. We will then contact you to ask you to place a new order for the Paid Service at the correct price.

(e) Billing and Billing Issues

Before signing up for any of our Paid Services, we will ask Customers for a method of payment, such as a credit card. The cardholder and the Customer for the Customer Account must be one and the same person. When you sign up for a Paid Service, you authorize the Company (or our partners) to bill your payment method on file in your Customer Account at the advertised price plus any applicable taxes or fees.

Your billing date will depend on when you sign up for the monthly subscription, and we will bill you based on that date (or the closest business day).

If we are unable to charge your billing method for any reason, such as an expired credit card or insufficient funds, we may continue trying to bill your payment method. Your billing date may change if your payment method settles after your originally scheduled billing date. If we are unable to charge your payment method, we may, in our discretion, choose to deactivate, suspend or cancel your Customer Account. If this happens, we will notify you.

To ensure that your Paid Service continues uninterrupted, make sure your payment method on file in your Customer Account is valid and up to date.

(f) Refunds

We do not offer refunds.

(g) Credits

We regret that a credit on a Customer Account for traditional in person Sportball classes cannot be used for Sportball at Home purchases. (The registration processing systems are separate).

7. Disclaimer of Warranties

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS.

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

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

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR, AND THE CHILD’S USE OF THE WEBSITE AND YOUR COMPUTER, MOBILE DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR STREAMING OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.

8.  Limitation of Liability

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USERS OF THE APP.

UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, OUR SERVICES, OUR CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

9. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Sportball at Home, its affiliates, and their respective directors, officers, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms, including, but not limited to, you, or your Child’s use (or misuse) of the Website, any use of the its content, our Services and products other than as expressly authorized in these Terms and any third party liability related to you uploading your data.

10. Copyright, Trademark and Intellectual Property

You understand and agree that the Website and its entire contents, videos, Services, features, and functionality, including, but not limited to, all information, software, code, text, displays, data, graphics, photographs, video, audio, design, presentation, selection, and arrangement (“Material”), are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Sportball logo and all other related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. The use of such marks without our prior written consent is prohibited. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

(i) your television, computer and browser / mobile device may temporarily store or cache copies of materials being accessed and viewed when using the Website and Services in accordance with its terms;

(ii) one copy for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and

(iii) in the event we link certain social media platforms to our Website, you may take such actions as our Website permits.

Customers are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website without our express written consent.

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

For greater certainty, Sportball at Home videos are protected by copyright and may not be copied, reproduced, or shared. Sportball at Home videos may only be viewed by password access to your Sportball at Home account, as specified in these Terms. You may not circumvent any copyright technological measures to improperly access, share, or download Sportball at Home videos.

11.  General Terms

(a) Modifications and Termination

We reserve the right to modify or terminate the Website and our Services (or part therefore) at any time. We are under no obligation to continue to provide the Website in any way or to provide you with updates or error corrections to our Website. Your rights under these Terms will terminate immediately and automatically, with or without notice in our sole discretion, if we cease to provide and support the Website.

(b)  Third party links

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

(c)  Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

(d) Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

(e) No Waivers

No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof.

(f) Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

(g) Entire Agreement

The Terms and our Privacy Notice constitute the sole and entire agreement between you and the Company regarding the Website and Services, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

(h) Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Sportball at Home via email (in each case to the address that you provide) or by posting on our Website and/or within our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. For posted notices, the date of posting will be the effective date of notice.

(i) Language

These Terms were written in English and may be translated to other languages solely for the convenience of our Customers and Children. In all cases and specifically if a potential conflict between versions arises, the English version of these Terms controls.

(j) Contact Us; Support

For more information about the Sportball at Home, please visit our Website. For specific support issues, you may contact us at [email protected].