Terms of Service

OVERVIEW

This site is owned by "SKGCA Operating as SKGCA". Throughout the site, “we”, “us” and “our” refer to SKGCA

SKGCA offers this website and portal, including all Services and information, to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here in.

By visiting our site, receiving, purchasing and/or accessing our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

These Terms of Service apply to all users of the site, including without limitation users who are browsers, parents, guardians, customers, coordinators, as well as direct or indirect recipients of Services which include players / children, and where not of age of majority, their parents / guardians.

Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or Services which are added to the site and/or e-commerce platform shall also be subject to the Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes.

Your continued use of, or access to, this site following the posting of any changes constitutes acceptance of those changes.

You can review the most current version of the Terms of Service at any time on this page.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 1 - ONLINE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent - either directly or indirectly - to allow any of your minor dependents to be recipients of the Services on this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services without refund.

SECTION 2 - GENERAL CONDITIONS

You understand that your information (not including credit card information), may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks to/ from your browser and the Stripe Payment network.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service, use of our Service, or access to our Service, or any contact on the site through which the Service is provided, without express written permission by us.

You agree to not attempt to circumvent security measures on our site and/or our Services including, and not limited to, accessing (when not authorized), and/or transmitting any worms or viruses or any code of a any / destructive nature.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The website material on this site is provided for informational purposes only in support of the Services offered.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue any Services (or any part or content thereof) without notice at any time with the exception that any cancellation of our Service, at our sole discretion, will result in a pro-rated refund based on the number of game nights remaining.

Moreover, your sole compensation will be the monetary equivalent of the prorated number of game nights remaining up to the maximum paid for our Service if it was canceled on or prior to the first day of a given soccer calendar year.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Service other than a pro-rated refund to an aforementioned cancellation of an active Service.

SECTION 5 - SERVICES

All Services are available exclusively online through our site. These Services are subject to no return, exchange or refund as outlined in our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any Services that we offer. Any offer for any Service made on this site is void where prohibited.

Our Services are restricted to Canadian users and moreover exclusively restricted to parents / guardians that have children that they register as players to use and/or access our Services.

We do not warrant that the quality of any Service purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected promptly and/or to your satisfaction.

SECTION 6 - USER OBLIGATIONS

The person who purchases our Service must be a parent/guardian and once a player is registered will be granted access to our Service parent pages.

Moreover, as a user of our Service you are strictly forbidden from sharing your login credentials with anyone, including but not limited to other parents, friends, colleagues, etc.

If you are no longer a parent/guardian that has a that has an active player in out program and you have an account to access our Service you must immediately cease using our Service.

SECTION 7 - SUPERVISION, FITNESS AND LIABILITY

Parents/guardians are solely responsible to ensure that their children/players that are offered services are physically and emotionally able to participate.

Parents/guardians are solely responsible for the safety and well being of their children/players and MUST be present at ALL TIMES on the opposite side of the field where players and coaches are located.

Furthermore, parents/guardians agree to waive any responsibility or liability towards us for children/players who elect to participate in a manner that is not being suggested by coaches and/or that may be dangerous to their health, or that results in personal injury, to themselves, or others.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us and will only consider purchases to be valid if they are fully paid. We may, in our sole discretion, cancel Services purchased by parent/guardian where the child/player conduct is at the sole discretion of SKGCA coordinators not inline with the spirit of SKGCA.

In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by non-parents/guardians.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our e-commerce platform / site. You agree to promptly update your account and other information, including your email address, so that we can continue to provide Services to you and/or contact you as needed.

For more detail, on returns or refunds, please review our Return Policy.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through our e-commerce platform / site is governed by our Privacy Policy.

In order to operate our Service offerings (e.g. player registration) our site uses Google Analytics and Cookies as outlined in our Privacy Policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related site, should be taken to indicate that all information in the Service or on any related site has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses without refund.

SECTION 12 - COVID

You understand that you and your child(ren)/player(s) must follow, adhere to, and abide by all Federal, Provincial and Municipal guidelines and direction when it comes to COVID Health and Safety and agree to defend, indemnify and hold harmless SKGCA for any event upon which there is transmission, re-transmission, infection, occurrence or case(s) of COVID, that may have resulted during or after following our Services.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. Moreover, the site and/or Service are only available Monday to Friday (weekends are reserved for maintenance with the exception of Tournament which runs on a Saturday).

You acknowledge and agree that our Service is offered ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to issues including but not limited to local or server Internet / ISP issues, server access issues, or any other issues related to Service availability.

Furthermore, while we will make every effort for our Service to be available, you agree to waive any right to a partial or full refund for any unforeseen individual or cumulative service disruptions.

We may also, in the future, offer new Services and/or features through our site. Such new features and/or services shall also be subject to these Terms of Service.

You agree that from time to time we may remove or modify availability of Services for indefinite periods of time or cancel parts of our Service or Services at any time, without notice to you, except in the case of full Service cancellation where notice will be provided to active parents/guardians.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall SKGCA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury (physical, mental, emotional or otherwise), loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, physical injury or any other damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service, supervision, lack of supervision or otherwise, or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - WAIVER

You understand that your, and/or my child's/player's participation, in the SKGCA Soccer Program is done entirely at your own risk and for your heirs, his/her heirs, representatives and administrators, hereby waive, forever discharge and hold harmless SKGCA and its partners, directors, officers, employees, volunteers, successors, predecessors (collectively "SKGCA"), from liability for any and all claims, demands, actions and costs that might arise out of Participant's participation, DUE TO ANY CAUSE WHATSOEVER.

Parents/guardians must instruct children/players prior to engaging in our services that if a child/player experiences any pain or discomfort, that they cease playing in the program, and with the aid of parents/guardians if necessary completely stop participating and seek medical attention if/where required.

Soccer is not recommended and is not safe under certain medical conditions. Parents/guardians affirm that they are solely responsible to decide for their child(ren)/player(s) whether to participate in soccer.

Parents/guardians hereby agree to irrevocably release and waive any claims that they have now or hereafter may have, directly or indirectly, against SKGCA

Although typically students under 18 years of age require parent/guardian to sign a waiver, the parent/guardian affirms that as they registered their child(ren)/player(s) for Service that SKGCA has been unconditionally and irrevocably granted sufficient waiver.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless SKGCA and our instructors, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless against any and all losses and damages arising out of any injury to student and/or from any claim or demand, suits, proceedings, judgments, costs and expenses, including reasonable attorneys’ fees, made by you, your school, and/or any third-party due to or arising out of your use of our Services or your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site, however you agree and understand upon making a purchase that there are no refunds for any unused Service period.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time with notice and/or may deny you access to our Services (or any part thereof) with no refund.

The obligations and liabilities of the parties incurred prior to Service end or termination date shall survive the end or termination of this agreement for all purposes.

SECTION 18 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

No representations, promises, agreements or understandings, written or oral, not herein contained shall not be of any force or of any affect. No modification hereof shall be valid or binding unless included on this page. No wavier of any provision of this Agreement shall be valid unless in writing and signed by the party against whom such wavier is sought to be enforced. No valid wavier or any provision of this Agreement at any time shall be deemed a waiver of any other provision at any other time.

Failure of either party to insist in any instance upon strict performance by the other of any provision herein shall not be deemed to be a permanent wavier of such or any other provision herein. If any provision herein is held illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions herein and shall not affect the validity or enforceability of the remaining provisions.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Province of Ontario, in Canada.

In the event either party commences litigation to enforce their rights hereunder, the parties hereto agree that the non-prevailing party shall pay filing fees, court costs and reasonable attorney’s fees to the prevailing party.

Both parties agree that this agreement is drawn up in the English language.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our site. It is your responsibility to check our site periodically for changes.

Your continued use of or access to our site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

If you have any questions about our Terms of Service, you can contact us using our Contact Us page.