(Last modified on June 23, 2017)
1. Introduction, Definitions, Modifications and Acceptance
“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.
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.
If you have any questions about the TOU, please contact:
GoalieUp Legal Services
GoalieUp Legal Services
39 8e Rue
Montréal, Québec H8Y 1G6
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.
- By installing, accessing or using the Application or using the Website or Services, you consent to those information collection and usage terms.
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.
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. Exceptionally, if a Game is played in the Greater Toronto Area (the “GTA”) the Fees shall be as indicated in this list and summarized in the table below:
- 0-65 minutes: $25, $30 for a Game in the GTA
- 70-90 minutes $30, $40 for a Game in the GTA
- 95-115 minutes: $40, $45 for a Game in the GTA
- 120 minutes or more: $50, $60 for a Game in the GTA
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|
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, MyPuck reserves the right to refuse or cancel any Bookings listed at an incorrect discount. MyPuck 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.
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. MyPuck 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 MyPuck 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
- MyPuck 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.
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 MyPuck 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 MyPuck and its Representatives from any liability therefrom.
8. Proprietary Rights
You acknowledge that: (a) Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) MyPuck 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 Website, including without limitation all Intellectual Property Rights therein and thereto.
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 Website, or content that may be presented or accessed through the 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 Website; or (iii) remove, obscure, or alter MyPuck’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 Website.
The content, arrangement and layout of the Website, 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 MyPuck, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of MyPuck, 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, Computer Code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and MyPuck may take action accordingly.
If you choose to communicate to MyPuck (via any means) suggestions for improvements to the Website or Services (collectively, “Feedback”), MyPuck 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 MyPuck and waive in favor of MyPuck, its successors and assigns all your moral rights in the Feedback, and agree to provide MyPuck such assistance as MyPuck may require to document, perfect, and maintain MyPuck’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to MyPuck, you are not entitled to any compensation or reimbursement of any kind from MyPuck under any circumstances.
8. 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, MyPuck 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.
9. Termination of the Website or Services and the TOU
MyPuck 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 MyPuck 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 MyPuck’s termination of the Website or Services, or any part thereof.
Termination of the Website or Services or your access to the Website or Services shall terminate the present TOU as between you and MyPuck. 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.
10. External Links
In no way will MyPuck 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 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.
11. Disclaimer of Warranties
You expressly understand and agree that your use of the Website or Services, the information thereon (whether provided by MyPuck 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 MyPuck 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 MyPuck 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.
MyPuck 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. MyPuck, 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.
12. Limitation of Liability
MyPuck 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 MyPuck 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 MyPuck 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 MyPuck’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. 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 Ontario in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and MyPuck shall be brought exclusively in the courts located in the Judicial District of Toronto, Ontario, Canada. Notwithstanding the foregoing, MyPuck 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 Toronto 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 Toronto court.
15. Miscellaneous Provisions
- MyPuck shall not be liable for any failure to perform its obligations under the present TOU
- where such failure results from any cause beyond MyPuck’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
- The failure of MyPuck 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 MyPuck.