Hockey Canada Mobile Apps

Terms & Conditions for the Hockey Canada Concussion Awareness app


By downloading or using the Hockey Canada Concussion Awareness app (the “App”), these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the App. If you do not agree to these Terms & Conditions, you may not access or use the App.

By agreeing to the Terms & Conditions, you also agree to our Privacy Policy, which is expressly incorporated herein.

The app does not replace the services or expertise of trained medical staff.

The App, including all of its software, code, text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and all other materials available on the App (collectively the “Content”) are the property of Hockey Canada. Except as otherwise provided herein, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit the Content in any form, or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use the App and to download, display, or print portions of the Content on the App for your personal, educational, non-commercial use only, provided that you do not modify the Content, copy or post the Content on any network computer, or broadcast the Content in any media.

The Hockey Canada name and logo are the exclusive property of Hockey Canada.  You are not authorized to display the Hockey Canada name or logo in any manner without our prior written permission.  The use or misuse of the Hockey Canada name or logo, except as permitted herein, is expressly prohibited.

Hockey Canada is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for.

The App stores and processes personal data that you have provided to us. It’s your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the  App won’t work properly or at all.

You should be aware that there are certain things that Hockey Canada will not take responsibility for. Certain functions of the App will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Hockey Canada cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

We assume no responsibility for any charges associated with your use of the App.  If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.

When you’re using the App, it’s important to bear in mind that although we endeavour to ensure that it is always updated and correct, we may rely on third parties to provide information to us so that we can make it available to you. Hockey Canada accepts no liability for any loss, direct or indirect, you experience because of relying wholly on this functionality of the App.

At some point, we may decide to update the App. The App is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you will need to download the updates if you want to continue using the App. Hockey Canada does not promise that it will always update the App so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. We may also decide to stop providing the App and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.

General Conditions

  1. These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded
  2. You acknowledge and agree that Hockey Canada may amend these Terms & Conditions at any time by posting the relevant amended and restated Terms & Conditions on this page.   Any such amendments to the Terms & Conditions are effective as of the date of posting. Your continued use of the App after the amended Terms & Conditions are posted to Hockey Canada’s website constitutes your agreement to, and acceptance of, the amended Terms & Conditions. If you do not agree to any changes to the Terms & Conditions, do not continue to use the App.
  3. You may not use the App for any illegal or unauthorized purpose nor may you, in the use of the App, violate any laws in your jurisdiction (including but not limited to copyright laws),  or the laws of Canada and the Province of Alberta. You will comply with all applicable laws, rules and regulations in your use of the App and your performance of obligations under the Terms & Conditions.
  4. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use phrases like “Hockey Canada Concussion Awareness App” or Hockey Canada trademarks and/or variations and misspellings thereof.
  5. All the terms and provisions of the Terms & Conditions shall be binding upon and inure to the benefit of the parties to the Terms & Conditions and to their respective heirs, successors, permitted assigns and legal representatives. Hockey Canada shall be permitted to assign these Terms & Conditions without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms & Conditions, or any of your rights or obligations hereunder, to any third party without Hockey Canada’s prior written consent, to be given or withheld in Hockey Canada’s sole discretion.
  6. If any provision, or portion of the provision, in these Terms & Conditions is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms & Conditions, and the Terms & Conditions will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms & Conditions.

 

Your Obligations

In consideration of your use of the App, you agree that to the extent you provide personal information to Hockey Canada it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through the App, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use the App in a manner consistent with all applicable rules and regulations. You agree not to upload or transmit through the App any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the App is strictly prohibited. We reserve all rights and remedies available to us.

Disclaimers

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE APP OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE APP. THE APP AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOCKEY CANADA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE APP, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE APP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOCKEY CANADA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE APP; (C) THAT THE CONTENT OF THE APP IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE APP WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THE APP, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE APP WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
HOCKEY CANADA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED HOCKEY CANADA SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

Indemnity

You agree to indemnify and hold Hockey Canada, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the App in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above.

Waiver

Our failure at any time to require performance of any provision of these Terms & Conditions or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Hockey Canada of any breach of any provision of these Terms & Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms & Conditions.

Entire Agreement

These Terms & Conditions (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Hockey Canada with respect to the App and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Hockey Canada with respect to the App and your use of the App.

Contact Us

Technical support in respect of the App is only provided to App users and is only available by email.

If you have any questions or suggestions about our Terms & Conditions, do not hesitate to contact us at [email protected].

 

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