Effective date: April 21, 2024
Service Provider Canuck on the Move operates the canuckonthemove.com website and the Instagram site canuck.onthemove and any and all related mobile applications. This is to inform you of our policies regarding the collection, use, and disclosure of personal data when you use our services and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Information Collection And Use
To provide and improve our Service to you we collect several different types of information.
Types of Data Collected
Personal Data
We may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
•
Usage Data
We may collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol (I.P.) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies and similar tracking technologies will be used to track the activity on our Service and hold certain information. Cookies are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some aspects of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
•
Use of Data
Canuck on the Move uses the collected data for various purposes:
To provide customer care and support
To detect, prevent and address technical issues
To provide analysis or valuable information so that we can improve the Service
To provide and maintain the Service
To notify you about changes to our Service
To monitor the usage of the Service
To allow you to participate in interactive features of our Service when you choose to do so
Transfer Of Data
Your information, including personal data, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Canuck on the Move will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. No transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including data security and other personal information security.
Disclosure Of Data
Legal Requirements
Canuck on the Move may disclose your Personal Data in the good faith belief that such action is necessary to:
To protect the personal safety of users of the Service or the public
To protect against legal liability
To comply with a legal obligation
To protect and defend the rights or property of Canuck on the Move
To prevent or investigate possible wrongdoing in connection with the Service
•
Security Of Data
Please be advised that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
Service Providers
Third party companies and individuals to facilitate our Service (“Service Providers”) may be employed to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
Third-party Service Providers may be usedto monitor and analyze the use of our Service.
• As an example:
• Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
•
Links To Other Sites
There may be links to other sites on our service that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy
Our Service does not involve anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we will take steps to remove that information from our servers.
European Union Users
If you are located in the European Union, the General Data Protection Regulation (GDPR) provides you with the additional rights listed below.
Right of Access. You have the right to know what information we hold about you, including:
The business or commercial purpose for collecting your personal information
The categories of third parties with whom we have shared your personal information
The anticipated period of time for which your personal data will be stored
The existence of automated decision-making, including profiling
The specific pieces of personal information we have collected about you
The categories of personal information we have collected about you
The categories of sources from which the personal information is collected
•
Right to Correct. If you find out that your personal data is inaccurate or incomplete, you can request that we correct it.
Right to Restrict.
You have the right to suspend our processing of your personal data if:
Personal data accuracy is contested
The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead
Time Doctor no longer needs the personal data for the purposes of processing but is required to keep it for the establishment, exercise, or defense of legal claims
You have objected to processing pursuant to Article 21(1) of the GDPR, pending the verification of whether the legitimate grounds of the data controller override those of the data subject.
•
Right to report. You have the right to complain to a supervisory authority if you believe your privacy rights are being violated.
Other Rights. In certain instances, you may have the right to data portability (if our processing is based on consent and automated means), withdraw consent at any time (if processing is based on consent), object to processing (if processing is based on legitimate interests), object to processing of personal data for direct marketing purposes,and erasure of your personal data from our system (“right to be forgotten”) if certain grounds are met.
Response Timing and Format.
We will try to respond to a consumer request for access, correction, restriction, or deletion within 30 days of receiving that request. If more time is required, we will inform you of the reason and extension period in writing.
To make a request under the GDPR or to exercise any other data rights under EU law, contact us via email at canuckonthemove@outlook.com. Please include your full name and email address along with why you are writing so that we can process your request in a timely manner.
Changes To This Privacy Policy
Our Privacy Policy will be updated on an as needed basis. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
To Contact Us
If you have any questions about this Privacy Policy, please contact us by email: canuckonthemove@outlook.com.
TERMS AND CONDITIONS
The Canuck on the Move website, Instagram site, and any related mobile application (collectively, this “site”) is owned by Canuck on the Move (“we”, “us” or Canuck on the Move). We are providing you with access to the site and our online store (together, Our “services”) subject to the following terms and conditions. By browsing, accessing,using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
PRIVACY POLICY
Our Privacy Policy, which also governs your visit to our Site, can be found at GIVE LINK TO PRIVACY POLICY HERE. Our Privacy Policy outlines how we collect, use and share information about our users. Please review this document.
USE OF THE SITE
Subject to your compliance with these Terms, Canuck on the Move grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant specifically does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You are not allowed to use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Furthermore, you may not use any meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be taken away at any time. You must have our express written permission before using any of Our logos or other proprietary graphics or trademarks as part of the link.
ACCOUNT
To access some features of this Site you may be required to register and We may assign to you, or you may be required to select, a password and username or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification original selected by, or assigned to, you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access of use.
ELECTRONIC COMMUNICATION
When using this Site or sending emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
USER CONTENT
Features and functionality on this site (“Interactive Features”) may allow users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use of any Interactive Features is at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable.
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law.
• User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer.
• User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent.
• User Content that makes false or misleading statements, claims or depictions about a person, company, product or service.
• User Content that may infringe on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
• Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
•
•
RIGHTS IN USER CONTENT
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
FEEDBACK
Separate and apart from your User Content, you may submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
RESTRICTIONS ON RIGHTS TO USE
You agree you will not (and you agree not to allow any other individual or entity using your password and identification to):
Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms.
Remove any copyright, trademark or other proprietary rights notice contained in or on the Site.
Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site.
Collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users.
Reformat or frame any portion of any Web pages that are part of this Site.
Create user accounts by automated means or under false or fraudulent pretenses.
Create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site.
Submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us.
Transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user.
Use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes).
Submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene.
Copy or store any User Content offered on this Site other than for your personal, non-commercial use.
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available.
Use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
We have no obligation to monitor any user conduct on this Site but We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
OWNERSHIP
This Site, as between you and us, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
LINKS
This Site may link to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any of these sites.
TERMINATION
You can choose to terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys fees). You further agree that We shall have the right to control of the defense or settlement of any third party Claims.
DISCLAIMERS
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “as is” and “with all faults” basis without representations, warranties or conditions of any kind, either express or implied. We disclaim all other representations, warranties, conditions and duties, express, implied or statutory, including but not limited to implied warranties, duties or conditions: a) of merchantability, fitness for a particular purpose or use, results, title, and non-infringement; and b) created by trade usage, course of dealing, or course of performance. We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
EXCLUSIVITY OF REMEDY; LIMITATION OF LIABILITY
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. In no event shall we or our related parties be liable for special, indirect, incidental, or consequential damages, including lost profits or loss of business, even if they have been advised of the possibility of such damages, nor shall our and our related parties’ Aggregate Liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms of the purchase or use of any products or services purchased through this site exceed the purchase price of the product or service. The limitations set forth in this paragraph will not limit or exclude our or our related parties’ gross negligence, fraud, intentional, willful, malicious or reckless misconduct.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
MODIFICATIONS TO SITE
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining provision.
NO THIRD-PARTY BENEFICIARIES
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
MISCELLANEOUS
As a result of these Terms, no agency, partnership, joint venture, or employment relationship is created, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such a right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at PROVIDE PRIVACY POLICY LINK HERE and any notices regarding the Site.
QUERIES
If you have any questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: canuckonthemove@outlook.com.
Payment: Terms & Conditions
Reservation prices and ticket prices include tax, unless otherwise specified.
All incidental expenses, gratuities, registrations, fees or charges, and other expenses, including, but not limited to, food, beverage, and merchandise are the sole responsibility of the guest.
Guest must arrive by time specified on the reservation or ticket for guaranteed entry.
Guest must bring a printed or digital copy of the reservation confirmation with scan-able ticket(s), valid photo I.D., and the credit card used to purchase the ticket(s).
Guest must be of legal drinking age with a valid government issued ID to be presented at the door.
Organizer reserves the right to deny access into venue due to capacity restrictions.
Appropriate dress is required and strictly enforced.
Disregard or violation of these Terms and Conditions will automatically invalidate ticket(s) purchased and guest will not receive a refund of any kind.
Management reserves all rights, including, without limitation, the right to cancel, suspend or modify the event at its sole discretion.
This offer is subject to all applicable federal, state, provincial and local laws, and regulations.
Tickets are non-refundable in all cases, including governmental acts and acts of God, the event organizer may, in it’s sole and absolute direction elect to either (a) postpone the event for a future date and/or (b) offer Purchaser a comparable ‘make good.’
Tickets / Reservations are non-transferrable or available for resale. Lost or stolen tickets will not be replaced.
Artists, programming and other event details are subject to change without notice.
All Ticket / Table sales are final and nonrefundable.
A. Introduction and Key Terms
THIS AGREEMENT AND THESE TERMS AND CONDITIONS
This Agreement is between Canuck on the Move (“Canuck on the Move”) and you (“User”, “you”, “your”). Whether you are using Canuck on the Move Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Canuck on the Move Services.
Capitalised words in this Agreement are defined in paragraph 15.
Please note:
Canuck on the Move does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Canuck on the Move website (“Website”) at any time and for any reason.
Canuck on the Move does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk.
Canuck on the Move does not routinely screen the content of any Listing or its suitability for individual Users.
Canuck on the Move provides an online platform to facilitate the sale and purchase of Tickets.
Canuck on the Move is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Canuck on the Move Services. Therefore, Canuck on the Move is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Canuck on the Move is unable to guarantee that Sellers will complete Transactions in every single case.
Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Canuck on the Move Terms of Use and Privacy Policy carefully before you use the Canuck on the Move Services. By using the Canuck on the Move Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Canuck on the Move Services.
Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Canuck on the Move Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Canuck on the Move Services, including removing any Listings that you have posted about Canuck on the Move. Canuck on the Move is a company registered in Canada.
Contacting Canuck on the Move: If you have any questions or want any further information regarding this Agreement, please contact canuckonthemove@outlook.com.
Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account and you may be subject to data charges to do so.
While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 18, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor Internet use by their children. If you use the Website, you affirm you are at least 18 years old.
B. Registration, Your Account and User Content
REGISTRATION
Registration: In order to set up a Listing or buy Tickets using the Canuck on the Move Services you must be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and provide your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. You may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Canuck on the Move Services using a Third-Party Social Media Site, you are giving Canuck on the Move permission to a) access and use your information from that service as permitted by that service; and b) to store your authorisation access to that Third-Party Social Media Site.
YOUR ACCOUNT
You will not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
For Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
Financial Checks: You permit Canuck on the Move and/or a third party contractor to carry out financial checks for the purposes of verifying your financial status (which does include a credit check and a fraud check) and you agree that Canuck on the Move may pass your Account and payment card details to such third party contractor to carry out such checks.
Privacy Policy: Please refer to the Canuck on the Move Privacy Policy and the Cookie Policy for more details on how we use and protect your Canuck on the Move Account Information.
International: Your Account can be used to access and use the Canuck on the Move Services on the Website and any international platform operated by Canuck on the Move and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
USER CONTENT
User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Canuck on the Move Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Canuck on the Move Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Canuck on the Move Services and this Agreement; Canuck on the Move’s use of your User Content as contemplated by this Agreement and the Canuck on the Move Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; your User Content is not unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
Canuck on the Move may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
User Content Licence Grant: By posting any User Content on the Canuck on the Move Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Canuck on the Move a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Canuck on the Move Services and Canuck on the Move’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Canuck on the Move Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Canuck on the Move Services a non-exclusive licence to access your User Content through the Canuck on the Move Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Canuck on the Move Services and under this Agreement.
Canuck on the Move and User Content: Canuck on the Move takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Canuck on the Move Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Canuck on the Move shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to info@canuckonthemove.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
CREATING A LISTING
Listing Responsibility of Seller: By creating a Listing using the Canuck on the Move Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy.
Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
Listing Description: The Seller must provide all the Event information in the Listing, including:
The location of the Event.
The name of the Event and performer(s) (if relevant).
The date of the Event.
The name and address of the Venue.
The type of Ticket (e.g. seated, standing, timed entry, etc.).
The Sale Price of each Ticket.
Whether or not the Service Charge is included in the Sale Price or not.
Whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details.
The refund policy, if any.
Any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.).
If applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not.
Any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a Business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Canuck on the Move assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
Seller Warranties: The Seller represents and warrants to and for the benefit of Canuck on the Move, that any Listings that he/she creates:
Relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing.
Include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers.
If booked, will be honoured, unless otherwise agreed with the Buyer.
Do not infringe any third party rights (including intellectual property rights).
Are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party.
Do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website.
Do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Canuck on the Move will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Canuck on the Move Services.
Are not defamatory, abusive, threatening or obscene.
Are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise.
Do not attempt to solicit any Users to use a third party service that competes with the Canuck on the Move Services.
Do not breach any applicable law or regulation, including those associated with making charity donations.
Do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data.
Cannot be construed to be associated with any terrorist organizations.
Do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Canuck on the Move Services.
No Canuck on the Move Guarantee: Canuck on the Move does not guarantee that Listings made via the Canuck on the Move Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Canuck on the Move accepts no responsibility.
SALE OF TICKETS
Payment Processing Preferences: When a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completes the payment process.
Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Canuck on the Move shall have no involvement.
STRIPE PAYMENTS
Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Canuck on the Move.
Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller. Canuck on the Move may initiate a refund request on behalf of a Buyer but is under no obligation to do so.
PAYMENTS
Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Canuck on the Move or its affiliates for any reason (except to the extent they are caused solely by Canuck on the Move’s negligence or willful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Canuck on the Move or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Canuck on the Move for such amounts on demand. Canuck on the Move reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested 24 hours or more before the start time of the Event.
USE AND COLLECTION OF DATA BY SELLERS
Canuck on the Move Account Information: The Seller may be given access to Buyers’ Canuck on the Move Account Information where necessary to fulfil Tickets. Canuck on the Move does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Canuck on the Move Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Canuck on the Move Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Canuck on the Move Account Information of Buyers. Where Canuck on the Move Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Canuck on the Move Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Canuck on the Move has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Canuck on the Move will take appropriate measures to protect Buyer User Data, when held within the Canuck on the Move Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Canuck on the Move will only process Buyer User Data on the instructions of the Seller.
Prohibited Data Classes: Sellers must not use the Canuck on the Move Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 18. If the Seller collects such information, Canuck on the Move is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
ENFORCEMENT ACTION AGAINST SELLERS
Cancellation: Canuck on the Move reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
PRICE AND PAYMENT
Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
The Sale Price.
The Service Charge (if applicable).
Any other charges included by the Seller.
Check Your Order: As a Buyer you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Canuck on the Move will not rectify any issues that arise and Sellers will only do so in their sole discretion.
Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Canuck on the Move or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations.
After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Canuck on the Move.
Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Canuck on the Move does not control or accept any responsibility or liability for any donations pledged by the Seller. Canuck on the Move does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
EJECTION:
The Venue always reserves the right to refuse admission to, or remove, anyone who acts with disorderly conduct or otherwise violates any rule of the Venue (e.g., refusing entry to those carrying alcohol, recording devices, and/or noise/chemical irritants).
To enforce this policy, a Venue may subject you and your personal belongings to a search when you enter a Venue. If you do not agree to a search, then you are not eligible for a refund.
GUEST REGISTRATION AND COMMUNICATION:
Our registration process is designed to give us just enough information to ensure that we can reach you and any of your additional guests easily and enable you purchase tickets securely.
Please see our privacy policy to learn about all the ways we protect your privacy and keep your data safe.
All activity on your account is your responsibility. Do not use another person’s account or contact information without explicit permission. If you see any unauthorized activity on your account or have been sent communications from us as a result of actions taken by someone other than you without your permission, please contact us immediately at canuckonthemove@outlook.com.
All correspondence to and from Canuck on the Move is handled first by email and secondly via SMS satisfies any legal requirement that our communication with you be in writing. SMS charges may apply.
CONDUCT:
Our Site requires reasonable common-sense conduct from our users to keep running smoothly.
The basics:
You have to be real—not a robot or part of any commercial service looking to use Canuck on the Move for resale of tickets on the secondary market. This includes putting unreasonable load on our system or requesting more than 1,500 pages of our Site during any 24-hour period.
You have to be who you say you are. Your IP should not be concealed and your username should not be used to impersonate another individual. Usernames should not be obscene or otherwise offensive.
Don’t try to hack into the Site to circumvent our security measures, including our CAPTCHA, or get unauthorized access to other users’ accounts.
Don’t deploy any malware, spamming, or flooding that would interfere with other users’ experiences on the Site.
Don’t download, export, reverse engineer, or create derivative works of any content on our Site.
Don’t frame or mirror the Site, or use any spider, robot, or automated tool to index, dateline, or reproduce content or user behavior on the Site, unless you have written authorization from Canuck on the Move to do so.
Don’t use our Site to transmit or upload material that would infringe upon others’ rights or privacy, intellectual property, or publicity.
Don’t use a password or code (pre-sales or otherwise) to get access to the Site if you aren’t the intended recipient of that password or code.
Don’t make any copy or counterfeit reproduction of our tickets.
Don’t seek a dispute or “chargeback” from your credit card company for a valid purchase. If you do, your tickets may be cancelled, and in the future we may refuse to honor the credit card and/or block the accounts of people who use that card.
CANCELLATION AND REFUNDS
Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and must be set out in the Listing description. If no such policy is set out by the Seller the listing will not be considered valid and will be removed.
Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable. The Seller and the Buyer must arrange a refund between themselves and Canuck on the Move shall have no responsibility or liability for any such refunds.
Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Canuck on the Move will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Canuck on the Move within 30 days. If no confirmation of resolution is received by Canuck on the Move within 30 days, Canuck on the Move will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
ENFORCEMENT ACTION AGAINST BUYERS
Cancelling Transactions: Canuck on the Move reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
Canuck on the Move suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
Canuck on the Move suspects any unauthorised use of a Buyer’s Account and/or of the Canuck on the Move Services; and/or
A breach of the terms of this Agreement occurs.
E. General Terms and Conditions
DEFINITIONS AND INTERPRETATION
In this Agreement:
• ”Account” means the account set up by you to use the Canuck on the Move Services.
• “Agreement” means these terms and conditions, the Terms of Use, the Canuck on the Move Privacy Policy, and any other instructions or terms and conditions made available to you.
• “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Canuck on the Move Services.
• “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
• “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Canuck on the Move Services.
• “Feedback” means feedback, comments and suggestions for improvements to the Canuck on the Move Services posted by Users.
• “Force Majeure” means any cause beyond Canuck on the Move’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
• “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
• “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
• “Payment Processing Method” means one of the two methods of payment processing, either Canuck on the Move Payments or Stripe Payments, when selling Tickets using the Canuck on the Move Services. The default option is set to Canuck on the Move Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
• “Sale Price” means the price at which a Seller offers a Ticket for sale using the Canuck on the Move Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
• “Service Charge” means the service charge payable to Canuck on the Move for the provision of the Canuck on the Move Services, which at the Seller’s election may either be charged to the Seller (in which case such amounts will be collected by Canuck on the Move prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
• “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
• “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
• “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
• “Transaction” means a transaction undertaken via the Canuck on the Move Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
• “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
• “Canuck on the Move Account Information” means the personal data you upload when registering your Account.
• “Canuck on the Move Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Canuck on the Move who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
• “Canuck on the Move Services” means all of Canuck on the Move’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Canuck on the Move.
• “Venue” means any site, facility or location where an Event is held.
• “Website” means any website run or provided by Canuck on the Move, including any software application available for download to a smartphone which contains a modified version of the Website.
Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
AGREEMENT TERM AND TERMINATION
Commencement and Term: This Agreement shall commence on the date that you register an Account with Canuck on the Move or purchase a ticket through Canuck on the Move and shall continue indefinitely subject to earlier termination by either you or Canuck on the Move.
Termination by Canuck on the Move: Canuck on the Move may terminate this Agreement if:
• any abusive or threatening behaviour is reported to Canuck on the Move as being carried out by you or via your Account;
• Canuck on the Move suspects any unauthorised use of your Account and/or the Canuck on the Move Services;
• Canuck on the Move suspects any fraudulent activity or other illegal activity relating to your Account;
• you otherwise breach the terms of this Agreement;
• Canuck on the Move is ordered to do so by any legal or regulatory authority;
• You are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
• Canuck on the Move provides you with 30 days’ written notice of termination, at Canuck on the Move’s election.
Termination by You: You may cancel your Account at any time via the by sending an email to canuckonthemove@outlook.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Canuck on the Move to refund Buyers, if using Canuck on the Move Payments. Please note that if your Account is cancelled, Canuck on the Move does not have an obligation to delete or return to you any User Content you have posted to the Canuck on the Move Services.
Consequences of Termination: Termination of this Agreement shall not affect either your or Canuck on the Move’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
LICENSES
User Licence: Subject to your compliance with this Agreement, Canuck on the Move grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Canuck on the Move Services for your personal use and solely for the purposes expressly permitted by the Canuck on the Move Services. This license is expressly conditioned on your pre existing agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Canuck on the Move Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Canuck on the Move or its licensors, except for the licences and rights expressly granted in this Agreement.
Trademarks: Canuck on the Move logos as well as the name and any designs found on the Website are registered trademarks of Canuck on the Move. Canuck on the Move’s trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Canuck on the Move does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
CANUCK ON THE MOVE SERVICE RULES
Rules: In connection with your use of the Canuck on the Move Services, you may not and you agree that you will not:
Breach any local, state, provincial, national, or other law or regulation, or any order of a court.
Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.
Interfere with or damage the Canuck on the Move Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
Use the Canuck on the Move Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the Canuck on the Move Services.
“Stalk” or harass any other User of the Canuck on the Move Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Canuck on the Move Services).
Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party.
Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
Register for more than one Account or register for an Account on behalf of an individual other than yourself.
Recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Canuck on the Move, without Canuck on the Move’s prior written approval.
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company.
Use automated scripts to collect information or otherwise interact with the Canuck on the Move Services.
Use the Canuck on the Move Services to find a Seller or Buyer and then complete the transaction independent of the Canuck on the Move Services in order to circumvent the obligation to pay any fees related to Canuck on the Move’s provision of the Listing.
As a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour.
Use, display, mirror or frame the Canuck on the Move Services, or any individual element within the Canuck on the Move Services, Canuck on the Move’s name, any Canuck on the Move’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Canuck on the Move’s express written consent;
Access, tamper with, or use non-public areas of the Canuck on the Move’s Services, Canuck on the Move’s computer systems, or the technical delivery systems of Canuck on the Move’s providers.
Attempt to probe, scan, or test the vulnerability of any Canuck on the Move system or network or breach any security or authentication measures.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Canuck on the Move or any of Canuck on the Move’s providers or any other third party (including another User) to protect the Canuck on the Move Services or any content thereon.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Canuck on the Move Services.
Reproduce or scan Tickets in a format or medium different from that provided by the Website.
Use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active.
Advocate, encourage, or assist any third party in doing any of the foregoing.
Legal Action: Canuck on the Move reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Canuck on the Move Services. Canuck on the Move may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Canuck on the Move a sufficient remedy and that Canuck on the Move may pursue injunctive or other relief for your violation of these Terms. If Canuck on the Move determines that you have violated these Terms or the law, or for any other reason or for no reason, Canuck on the Move may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Canuck on the Move Services or the Website. You will still be bound by your obligations under these Terms. You agree that Canuck on the Move will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Canuck on the Move will not be required to make the Website or your account or any related information available to you.
WARRANTIES AND INDEMNITIES
True Information: You represent and warrant that the information that you submit to Canuck on the Move for your Account and in your use of the Canuck on the Move Services is true, accurate and complete and you will not use false information, including name and email address, in using the Canuck on the Move Services.
Legal Compliance: You represent and warrant that in using the Canuck on the Move Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
Tax Indemnity: You agree that Canuck on the Move is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Canuck on the Move Services you are trading as a business, you hereby indemnify and hold Canuck on the Move harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Canuck on the Move that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Canuck on the Move.
General Indemnity: You agree to indemnify and hold Canuck on the Move and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Canuck on the Move Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
DISCLAIMERS
Canuck on the Move Disclaimer: Canuck on the Move disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Canuck on the Move Services or otherwise related to your use of the Website and/or the Canuck on the Move Services.
Canuck on the Move provides the site and the content to you “as is” and “as available”. We try to keep the site up, “bug-free” and safe, however you use it at your own risk. To the fullest extent permissible by law, and to the extent that applicable law permits the disclaimer of express or implied warranties, Canuck on the Move disclaims all warranties, express or implied, including any warranty of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise from course of dealing or course of performance or usage of trade. Canuck on the Move does not guarantee that the site will always be safe, secure, or error-free or tha the site will always function without disruptions, delays, or imperfections. We are not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident you waive California civil code 1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Canuck on the Move is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Canuck on the Move by email at canuckonthemove@outlook.com. Canuck on the Move may investigate a claim and take appropriate action, in its sole discretion.
LIABILITY
Canuck on the Move Disclaimer: Due to the nature of Canuck on the Move’s business, and the fact that Canuck on the Move cannot control Users’ acts or omissions,
Canuck on the Move makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
Event Attendance: Under no circumstances shall Canuck on the Move be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Canuck on the Move’s gross negligence. Neither shall Canuck on the Move be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
Limitation of Liability:
In no event will Canuck on the Move or its suppliers, advertisers and sponsors, be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek direct, indirect, incidental, special, exemplary, punitive or consequential damages of any type (including and without limitation to loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity) other than out of pocket expenses, and any rights to have damages multiplied or otherwise increased, arising directly or indirectly out of or in connection with the Canuck on the Move Services, the website, the content, or any product or service purchased through the site, even if Canuck on the Move has been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory.
Without limiting the foregoing you expressly acknowledge and agree that Canuck on the Move will have no liability or responsibility whatsoever for a) any failure of another user of the site to conform to the codes of conduct, b) personal injury or property damage, of any nature whatsoever, wheter arising in contract or in tort, resulting from your access to and use of the website, c) any unauthorized access to or use of Canuck on the Move’s secure servers and/or any and all personal information and/or financial information stored therein, d) any bugs, viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature which may be transmitted to or through the website, e) any errors, mistakes, inaccuracies or omissions in any content, or f) any lost, stolen or damaged tickets, or the failure of a venue to honor a ticket. Your sole and exclusive remedy for dissatisfaction with the Canuck on the Move Services and the website is to stop using the Canuck on the Move Services and the website.
The limitations in this section will apply even if any limited remedy fails of its essential purpose. The allocation of risk between you and Canuck on the Move is an essential element of the basis of the bargain between you and Canuck on the Move. Canuck on the Move’s aggregate liability arising out of these terms or the use of the Canuck on the Move Services or the website will not exceed the greater of one hundred dollars ($100) or the amount you have paid Canuck on the Move in the past 12 months. In no event will attorneys’ fees be awarded or recoverable. Canuck on the Move’s liability will be limited under this paragraph to the fullest extent permitted by applicable law, and the provisions of this paragraph will not apply to the extent applicable law permits the recovery of damages, attorneys’ fees or costs otherwise prohibited under this paragraph.
The provisions of this paragraph that a) prohibit damages to be multipled or otherwise increased, b) impose a damages limitation of the greater of one hundred dollars ($100) or the amount you have paid Canuck on the Move in the past 12 months, and c) prohibit the recovery of attorney’s fees and costs do not apply in certain States, including without limitation New Jersey, to claims brought under statues permitting such recovery.
Force Majeure: Canuck on the Move will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
DISPUTE RESOLUTION
If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact canuckonthemove@outlook.com and we will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Canuck on the Move as soon as possible.
Canuck on the Move shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Canuck on the Move
In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
For U.S. and Canada Residents: Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Canuck on the Move at: INSERT ADDRESS HERE Attn: Legal . We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
•
GENERAL
Taxes: As a User of the Canuck on the Move Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Canuck on the Move cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Canuck on the Move Services, including, but not limited to, sales, use, or value-added taxes. To the extent Canuck on the Move is required to collect such taxes, the applicable tax will be added to your billing account and Canuck on the Move will issue a receipt on request from a Seller as required by law.
Waiver: If Canuck on the Move delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Canuck on the Move has waived the right to do so.
Assignment: Canuck on the Move shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Canuck on the Move under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Canuck on the Move beyond the relationship created under this Agreement.
Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
Queries
Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: canuckonthemove@outlook.com.