TERMS OF SERVICE

To use certain areas of this Website / App, you must first complete the registration process to create an account (“Account”) and select and register a unique user name and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify the Company if you know or suspect that your Account or Credentials have been used by any other person.

During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals 19 years of age or younger cannot register on any portion of this website.  

The Company may act upon any communication that is given through your Account or by using your Credentials. The Company is not required to verify the actual identity or authority of a person using your Account or Credentials, but 

the Company may, in its discretion, at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if the Company is not satisfied with the verification. If the Company, in its discretion, considers your Account or Credentials to be unsecure or to have been used 

inappropriately, then the Company may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.

If the Company determines that the creation of your Credentials and use of the Account to be fraudulent, your Account will be immediately canceled without a refund. Upon registration, you will choose a username and personal password. You will be responsible for keeping your username and password confidential. You agree to immediately notify us upon learning of any unauthorized use of your username and password. The Company cannot and will not protect you from, or be responsible for, the unauthorized use of your username and password. You will be responsible for all activities taken and charges incurred through the use of your username and password, and any claims, liabilities, damages, losses and costs (including reasonable legal fees) resulting from the unauthorized use of your username and password, except for unauthorized use of your user name and password directly resulting from the gross negligence or willful misconduct of the Company. You may not assign your rights under this Agreement to anyone.

The Company provides services (the “Services”) in the form of events, activities, and programs involving travel (collectively, the “Activities”) for persons who have Accounts and their registered children. The provision of the Services is subject to these Terms, the Services subscription or other terms you accepted when purchasing the Services.

You acknowledge that the participation in physical activity involves the risk of injury and/or death. You voluntarily assume any and all risks, known or unknown, associated with your child’s/children’s use of the Services. The Company shall not be liable for any injury, health impairment, or accident befalling any participant using the Services. If you have any health-related questions, we suggest you consult with a physician or health and fitness expert before allowing your child(ren) to engage in the Services and participate in the Activities. You understand that physical activity can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity.

By purchasing an order on the Website or Application, you allow the Company to charge your credit or debit card (“Payment Source”) utilized as the payment method to obtain the relevant funds. You represent and warrant that you have the legal right to use the Payment Source utilized in connection with any such order or other transactions. You agree that any purchase charge may occur several business days after your transaction(s) has occurred and after the date shown on your transaction receipt(s). Payments are non-refundable and there will be no refunds or credits for partially used memberships.

Certain Services require that you purchase a membership in order to access them. You may start a membership for certain Services with a free trial or discounted membership. You must provide a valid Payment Source at the time you register for a free trial or discounted membership. The Company will not bill you until the free trial or discounted membership has expired. You may only use a free trial one time, and free trials may not be combined with any other offers. IF YOU DO NOT CANCEL YOUR MEMBERSHIP BEFORE THE EXPIRATION OF THE FREE TRIAL, THE COMPANY MAY AUTOMATICALLY BILL YOUR PAYMENT SOURCE FOR YOUR MEMBERSHIP ON A RECURRING BASIS FOR YOUR MEMBERSHIP UNTIL YOU CANCEL YOUR MEMBERSHIP. YOU MAY BE NOTIFIED WITH THREE (3) BUSINESS DAYS’ NOTICE THAT YOUR FREE TRIAL IS ENDING OR HAS ENDED. Memberships are billed monthly, semi-annually, or annually depending on the membership option. All memberships are renewed automatically until canceled pursuant to the terms of this Agreement. You may cancel your membership at any time as set forth under the heading Term and Termination below. There is no guarantee that the price made available to you for your membership is the lowest available, the historical lowest, or best price. You will be charged in accordance with the billing terms you have agreed to, as may be modified from time to time.

Memberships will renew each month and may only be canceled with 15-days’ notice, at which point the membership will expire at the end of the notice period.

Membership suspension may occur, at the discretion of Playsticity staff, as a result of a breach of the Code of Conduct. Suspensions will include a membership pause of a minimum of three (3) months. More information can be found in our Code of Conduct. 

The Terms are effective unless and until terminated by the Company. The Company may also terminate the Terms at any time without notice, and accordingly may deny you access to the Website / App, if in our sole judgment you fail to comply with any provision of Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Your Credentials, Registration Data and any other information that you provide to us through this Website / App, as well as certain other information about you, is subject to the Company’s Privacy Policy. Your privacy is important to us. For more information, please see our Privacy Policy for details.

By allowing my child(ren) and/or myself to engage in the Services and participate in the Activities, I, on my own behalf and the behalf of my child(ren) and our respective heirs, administrators, executors, and successors hereby agree to: (1) assume full responsibility for any and all injuries or damages which are sustained, aggravated or caused by myself, my child(ren), or anyone else, in relation to the engagement in the Services and participation in the Activities; and (2) waive and release any and all claims which I or my child(ren) have or may have in the future against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, contractors, volunteers, sponsors, successors, administrators, and assigns (“Releasees”), arising from engagement in the Services and participation in the Activities, for any injury, temporary or permanent disability, death, property damage, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction, whether caused by the negligence of the Releasees, or by any other reason. On my own behalf and the behalf of my child(ren), I acknowledge and agree that this Release is a complete release of any responsibility of the Releasees for any injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action sustained by my child(ren) while in relation to their engagement in the Services and participation in  the Activities. On my own behalf and the behalf of my child(ren), I understand and agree that this Release shall be effective and binding upon my child(ren)’s heirs, executors, administrators, and assigns.

By accepting these terms and conditions, you verify that you have provided your correct mobile phone number where requested, and that you consent to be contacted by the Company, its affiliates, and/or its franchisees and their authorized designees, through email, telephone, SMS text message, or by other means, some of which may be from an automated service, as well as any other communication described in our Privacy Policy. The Company will use this information to share upcoming events, specials, updates, and for other business purposes that the Company believes may be of interest to you. You may opt-out at any time by following the link in the communications.

Item The Company reserves the right to change the terms, conditions, and notices under which the Website / App are offered at any time, including but not limited to the charges associated with the use of the Services, provided that such changes to charges will occur only after the expiration of your current membership. The Company will make changes to this Agreement or other policies relating to your use of the Website / App by posting an updated version of this Agreement or the other policies. You are responsible for regularly reviewing this Agreement and the policies. Your continued use of this Website / App and the Services after any change constitutes your consent to the change. You agree that we shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Website / App, or any service, content, feature, or product offered through the Website / App.

Hyperlinks on this Website / App are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. The Company has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site. Before you use any third-party website, you should review the terms and policies of such websites. The Company shall not be responsible or liable, directly or indirectly, for any damages incurred by you in connection with your use of any third-party website.

In addition to complying with these Terms, you agree to use this Website / App, the Services and materials on this Website / App for lawful purposes only and in a manner consistent with local, national, or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of this Website / App or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website / App illegal; are unauthorized to use this Website / App.

You agree not to use the Services or this Website / App in any manner that: (i) infringes, violates, or misappropriates the intellectual property rights of any third-party; or (ii) may be considered defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.

Playsticity Group Inc. and related words and logos, as well as the names of other products or services of the Company, are trade names, trademarks or registered trademarks of the Company. The names of other companies, products, or services referred to in this website may be the trademarks of their respective owners. Any unauthorized use of any of these trade names or trademarks is prohibited.

All contents of this website are Copyright © 2024, owned by the Company. All rights reserved.

Copying or reproduction of materials from the Website / App for commercial purposes without the permission of the Company is prohibited. The distribution, re-transmission, republication, modification, reverse engineering, sale, or other exploitation of this website or any of its contents without the permission of the Company is also prohibited.

You will defend, indemnify and hold harmless the Company from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website / App, its content or materials, or the Services, User Content, or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, the Company retains the right to participate in the defense of and settlement negotiations relating to any third-party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.

You understand and agree that:

1. Use of this Website / App and the Services is at your sole risk. This Website / App and the Services are provided on an “as is”, “as available” basis. Neither the Company, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third-party service providers (collectively, “Company Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website / App or the Services and the Company Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third-party rights, to the maximum extent permitted by law.

2. Company Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Company Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.

3. The access to and downloading of material from this Website / App is done at your own risk. The Company makes reasonable efforts to ensure that this Website / App is virus-free, but the Company does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website / App or the Services.

In no event will company parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these terms, the use of this website or the services. Company parties will not be liable for any actual or alleged infringement by any third-party materials available through the services. In no event will the cumulative liability of company parties arising out of or related to these terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.

You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 16 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.

These Terms, the Privacy Policy and all other notices, policies and statements contained on this Website / App (all as may be amended by the Company from time to time without prior notice) constitute the entire agreement between the Company and you. These Terms cannot be modified except as described herein. Anything in this Website / App inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website / App.

These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of British Columbia, Canada, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraphs, you submit to the exclusive jurisdiction of the courts of the Province of British Columbia.

If a dispute (the “Dispute”) arises under this Agreement, either party may request the other party to appoint representatives to meet and attempt to resolve the dispute either by direct negotiations or mediation.

If the Dispute cannot be resolved by using direct negotiations or mediation, to the extent permitted by applicable law and unless the Company agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Website / App, these Terms, or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, 

however, preclude the Company from seeking injunctive relief in court when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais a la demande expresse des parties. 

The Company is pleased to hear from users and welcomes your comments regarding our products and services. The Company’s policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that the Company may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium. Any Comments that you forward to the Company is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. The Company has the right but not the obligation to monitor and edit or remove any Comments. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website / App. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead the Company or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. The Company takes no responsibility and assumes no liability for any Comments posted by your or any third-party.

We value your visit to this Website / App and welcome any questions or comments you might have about this Website / App, these Terms, or any of the products or services offered by the Company. Please refer to the Contact section of this Website / App for phone, email addresses and other ways to contact us.