Terms & Conditions
Last Revised: January 1, 2020
Last Revised: January 1, 2020
1. About this Agreement. Please read this CatchCorner App Terms and Conditions of Use ("Agreement") carefully as it constitutes a legal agreement between you and Team63 Solutions Inc. ("Team63"). Team63 has developed an application software which facilitates the booking by third-parties of certain sport facilities, among other functionalities (the "Software"). This Agreement sets out the rules that will allow you to access and use the Software, including all services, products, content and information available on or through the Software (the "Content", collectively, the "CatchCorner App"). Through the CatchCorner App, you can make a booking at sporting facilities, reserve a spot in a pickup game organized by Team63, list ice time as an ice transfer or purchase an ice transfer booking.
2. Acceptance. By accessing the CatchCorner App, you agree to be bound by this Agreement. If you do not agree with any or all of the terms and conditions of this Agreement, you are prohibited from using or accessing the CatchCorner App. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person ("Person") you purport to represent and that you will comply with the applicable law while using the CatchCorner App.
3. Permitted Uses. The CatchCorner App is the exclusive property of Team63 and its licensors, as applicable. Your use of the CatchCorner App does not transfer to user any right, title or interest in, to or associated with the CatchCorner App or the Content. Reproduction, distribution, electronic copying or other use without prior written consent of Team63 is prohibited. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access and use the CatchCorner App for your personal and non-commercial use. Team63 grants permission to electronically copy and to print in hard copy only the contract/waiver made with respect to your rental of a facility available on the CatchCorner App (if applicable) or a receipt of an order as found in MyCorner solely and exclusively for your personal and non-commercial use but you have to maintain all copyright and other notices contained in the Content. Any number of copies can be made, however copies cannot be distributed to anyone, under any circumstance. Except as granted in this Section, any use of the CatchCorner App, in whole or in part, is prohibited without Team63’s express prior written consent.
a) You have to register as a user on the CatchCorner App in order to perform certain actions on the CatchCorner App, including but not limited to making a purchase, uploading an ice transfer, splitting payment, joining a pickup game, adding information to Profile tab, or adding information to MyCorner tab.
b) To register as a user on the CatchCorner App, you have to create an account by (i) providing your name, email, phone number, and password during registration or (ii) using information from your existing Facebook account or an existing Gmail account. If you register using Facebook, your Facebook profile photo will also be collected upon registration.
c) To log in on the CatchCorner App, you will be required to provide your email and password, which will serve as your username and password (collectively, "Credentials"). We will not issue you with a username or password. You will enter a password of your choice provided that it fits within our password security criteria.
d) If you choose not register as a user on the CatchCorner App, you will only be able to view limited content on the CatchCorner App. You will be prompted to sign in or register when accessing a feature that is not available to a non-registered user.
e) Credentials may be cancelled or suspended at any time by Team63 in its sole discretion without any notice or liability to you or any other Person. Team63 is not under any obligation to verify the identity or authority of any person using Credentials to access the CatchCorner App and has the right to rely on the authority of any person using Credentials. You will be held responsible for any action taken under your Credentials, regardless of whether you authorized the action. Notwithstanding the preceding, Team63 may in its discretion, at any time, require additional proof of identity from any Person seeking to access the CatchCorner App, including Credential holders, and may deny access to the CatchCorner App, or parts of it, or refuse to act upon any communication of a Person if Team63 is not satisfied with such proof.
5. Your responsibilities.
a) You shall: (i) keep Credentials issued to you confidential, secure and otherwise protect them at all times, which includes not disclosing your Credentials to any person (other than Team63) or permitting any other person to use or access the CatchCorner App using your Credentials; (ii) only use the CatchCorner App under your Credentials in compliance with this Agreement; and (iii) immediately notify Team63 if you know or suspect that your Credentials have been lost or stolen or become known to or used by any other person.
b) You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information or content placed by you on the CatchCorner App. All information you provide through the CatchCorner App must be true and accurate. Team63 will rely on the information you provide while you register as a user on the CatchCorner App, create your Credentials or use the CatchCorner App, including but not limited to the following: your name and mobile information, your profile photo, your payment information, your sport player profile skill level and position played, any information you have entered on a waiver/contract made with a facility, and any information you have entered when uploading an ice transfer. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Team63 or any other person may incur as a result of your submission of any false, incorrect or misleading information or your failure to update information within thirty (30) days of any change.
6. Disclaimer. The CatchCorner App is provided “as is” and “as available”, without any representations, warranties or conditions of any kind,whether express or implied, including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, performance, durability, merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, all of which are disclaimed by Team63 to the fullest
extent permitted by law. The information or materials appearing on the CatchCorner App could include errors, inaccuracies or omissions. Team63 does not represent, warrant or covenant that any of the materials on its CatchCorner App are accurate, complete, or current. Team63 does not warrant or make any representations, warranties or covenants concerning the accuracy, results, completeness, timeliness or reliability of the CatchCorner App or otherwise relating to any materials available through the CatchCorner App or on any sites linked to the CatchCorner App.
7. Limitation of Liability. To the fullest extent permitted by law, Team63 and its officers, directors, licensors, partners, employees, agents, contractors and affiliates, and their respective successors and assigns ("Indemnified Parties") will not be liable to any user or any other person for any loss or damages of any kind, including without limitation, any direct, indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the CatchCorner App or this Agreement, or for any loss of data, business, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability, regardless of any fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the Indemnified Parties for whom Team63 is at law responsible, and even if the Indemnified Parties have been advised of the possibility of such loss or damage being incurred. To be clear, Team63 and its Indemnified Parties will not be liable to any user or any other person with respect to or related to any of the following:
a) your facility rentals made using the CatchCorner App. Please read the contract/waiver made with respect to your facility rental;
b) your attendance at any pickup game organized by Team63; and
c) your usage of the ice rink reserved using the CatchCorner App.
A user using the CatchCorner App or attending any event or activity organized by Team63 or made available through the CatchCorner App is fully responsible and liable for their own actions or omissions including those of individuals that the users have invited at the event or activity. You voluntarily assume all risks incidental and related to your facility rental, your attendance at any pickup games and your usage of the ice rink, including the risk of lost, stolen or damaged property, personal injury or death. Your attendance at pickup games or use of the ice rink is subject to compliance with all applicable law and rules. Failure to comply with all applicable law and rules may result in refusal of admission.
8. Indemnity. You agree to indemnify, defend, and hold harmless the Indemnified Parties from any and all liability,
loss, claim and expense, including legal fees, of any kind related to (a) your violation of this Agreement; (b) your access to, use of, misuse of or inability to use the CatchCorner App; and (c) your attendance at any event or activity organized by Team63 or made available through the CatchCorner App. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with our defense of such matter.
9. Intellectual Property. The CatchCorner App (including all Content and other content or material available through the CatchCorner App) is and remains the property of Team63 or its licensors, as applicable, and is protected by copyright, trade-mark and other intellectual property laws. Use of the CatchCorner App does not transfer any ownership or other rights in the CatchCorner App to visitors. Team63, and all other names, logos, seals, or other symbols that are representative of Team63 are trade-marks of Team63. Use, reproduction, copying, or redistribution of trade-marks, without the written permission of Team63 is prohibited.
10. Third Party Links. Team63 has not reviewed all of the third party sites linked to the CatchCorner App and is not responsible for the contents of any such linked site. The inclusion of any link does not imply approval of or endorsement of the site by Team63. Use of any such linked CatchCorner App is at the user’s own risk. Any links to the CatchCorner App made without our consent are strictly prohibited.
12. Amendments to this Agreement. Team63 may revise this Agreement from time to time. You are advised to review this Agreement to see if it has been updated since the last time you used the CatchCorner App. Changes to this Agreement are effective when they are posted, which date will appear at the top of this Agreement. If Team63 makes any material changes to this Agreement, Team63 will notify you either through the email address you have provided us or by placing a prominent notice on the CatchCorner App. By using the CatchCorner App after any revised Agreement has been posted, you are agreeing to be bound by the then current version of the Agreement. You may not change this Agreement in any manner.
13. Termination. Although Team63 does not routinely screen or monitor the content posted to the CatchCorner App, Team63 reserves the right to remove content which violates the terms and conditions of this Agreement, but is under no obligation to do so. If you breach any provision of the Agreement, or are no longer using the CatchCorner App for the purposes permitted in this Agreement, you must immediately terminate your access and use of the CatchCorner App. Team63 may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the CatchCorner App or any part of it, or your permission to use the CatchCorner App, without any prior notice or liability to you or any other person. If this Agreement or your permission to use the CatchCorner App is terminated by you or Team63 for any reason, then this Agreement will continue to apply and be binding upon you in respect of your prior use of the CatchCorner App. This license and Agreement shall automatically terminate if you violate any of these restrictions and may be terminated by Team63 at any time.
14. Governing Law. This Agreement shall be governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada. Any dispute between Team63 and you or any other person arising from, connected with or relating to the CatchCorner App, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto.
15. Waiver. No waiver of a breach of this Agreement committed by you is effective or binding unless made in writing and signed by Team63. A waiver by Team63of a breach of this Agreement shall not prevent the enforcement of that term in the case of a subsequent breach, and shall not be deemed or construed as a waiver of any subsequent breach.
17. Invalidity. If any provision of this Agreement is held to be invalid or unenforceable under applicable laws, the remainder of this Agreement shall not be affected, and each provision of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law.
18. English Language. You and Team63 have each expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce politique et tous les documents qui s’y rapportent soient rédigés en anglais.
19. Contacts. If you have any general comments, suggestions, questions, or concerns about the CatchCorner App, please contact Team63