Terms and Conditions

Sport X Canada . TERMS OF SERVICE

Last Updated: May 23, 2024

("Sport X CANADA." or "Sport X Canada ", "we", "us", "our", etc.)

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPORT X CANADA.(AS FURTHER DEFINED IN SECTION 1 OF PART I) IN RESPECT OF ACCESS AND USE OF SPORT X CANADA CAN INC. WEBSITE URL SPORTXCANADA,COM, AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SPORT X CANADA TECHNOLOGIES, INCLUDING USERS WHO ARE PROVIDERS OF COURIER SERVICES TO OTHER USERS OF THE SPORT X CANADA TECHNOLOGIES, USERS WHO PURCHASE GOODS OR SERVICES THROUGH THE SPORT X CANADA TECHNOLOGIES, USERS WHO DOWNLOAD THE ESPORT X CANADA TECHNOLOGIES APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN TASK TO PLACE ORDERS THROUGH THE SPORT X CANADA TECHNOLOGIES AS A CUSTOMER OR TO OPERATE AS A MERCHANT OR COURIER (AS SUCH TERMS ARE DEFINED IN SECTION 2 OF PART I). IF YOU ARE USING THE SPORT X CANADA TECHNOLOGIES ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING SPORT X CANADA WEBSITE OR MOBILE APP OR THE SPORT X CANADA SERVICES. YOU ACKNOWLEDGE AND AGREE THAT SPORT X CANADA TECHNOLOGIES AND THE XPRESS SERVICES ARE MADE AVAILABLE TO FACILITATE THE SHIPPING OF NON PARISHABLE OR NON FRAGILE PARCELS OR OTHER TRANSPORTABLE GOODS BY VEHICLE TRANSPORT PROVIDED BY MERCHANTS OR CUSTOMERS THAT MAY BE DELIVERED BY COURIERS. YOU UNDERSTAND THAT SPORT X CANADA TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT SPORT X CANADA IS NOT A MERCHANT NOR IS SPORT X CANADA RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS WITH MERCHANTS DUE TO THE LACK OF RESPONSIBLE CARE TAKEN BY MERCHANT IN PROVIDING SPORT X CANADA SERVICES.

BY ACCESSING, BROWSING AND USING THE SPORT X CANADA TECHNOLOGIES, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SPORT X CANADA TECHNOLOGIES OR SPORT X CANADA SERVICES OR ANY OF THEIR CONTENT OR SERVICES.

IMPORTANT NOTICE: PLEASE BE AWARE THAT SECTIONS 9 AND 10 OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISAGREEMENT RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY SPORT X CANADA.IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, SPORT X CANADA will make a new copy of the Terms of Service available on the SPORT X CANADA WEBSITE. We will also update the "Last Updated" date at the top of the Terms of Service. If we make any material changes, and you have registered with us to create an account we may also send an e- mail to you at the last e-mail address you provided to us pursuant to the Terms of Service. Any changes to the Terms of Service will be effective immediately after posting notice of such changes on the SPORT X CANADA WEBSITE. SPORT X CANADA may require you to provide consent to the updated Terms of Service in a specified manner before further use of the SPORT X CANADA TECHNOLOGIES and/or the SPORT X CANADA Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the SPORT X CANADA TECHNOLOGIES and/or the SPORT X CANADA Services. Otherwise, your continued use of the SPORT X CANADA TECHNOLOGIES and/or SPORT X CANADA Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SPORT X CANADA WEBSITE TO VIEW THE MOST CURRENT TERMS.

INDEX You should read these Terms of Service in their entirety, however, this index is provided for ease of reference to enable you to navigate to specific sections of the Terms.

GENERAL TERMS

TASKING TERMS

PROMOTIONAL OFFERS, REFER-A-FRIEND PROGRAM, GIFT CARDS AND SPORT X CANADA CREDITS AND CONTESTS

GENERAL TERMS

Sport X Canada Parties

If you are accessing or using the Sport X Canada TECHNOLOGIES outside of the United States, these Terms of Service form an agreement between you and Sport X CANADA.. (“Sport X Canada ”), a company incorporated under the laws of Canada. Users, use of the terms “Sport X Canada ”, “us”, “we” or “our” means Sport X CANADA..
Sport X CANADA., and their affiliates, officers, directors and employees, are referred to in these Terms of Service as the “Sport X Canada Team”. For the avoidance of doubt, the Sport X Canada Team does not include any third parties such as Merchants and Couriers (as such terms are defined in Section 2 of Part I offering goods or services through the Sport X Canada TECHNOLOGIES.

Users and Applicable Legal Terms

Definition of Users. The Sport X Canada TECHNOLOGIES facilitates the Tasking by consumers/end users of the Sport X Canada SERVICES ("Customers") of the delivery of Non parishable/Non Fragile goods through independently contracted couriers who are users of the Sport X Canada TECHNOLOGIES (the "Couriers"). Collectively, Customers, Merchants and Couriers constitute "Users" of the Sport X Canada TECHNOLOGIES and these Terms of Service apply to all Users.
Sport X Canada Privacy Policy. Please note that important information about Sport X Canada ’s practices on the collection, use and disclosure of Users’ personal information submitted via the Website or the Sport X Canada TECHNOLOGIES App is governed by our Privacy Policy, the terms of which are incorporated into this Terms of Service. Please see further: https://www.Sport X Canada .ca/privacy-policy ("Privacy Policy").
Additional Terms for Merchants and Couriers. In addition to these Terms of Service and the Privacy Policy, Merchants and Couriers are subject to additional terms agreed in separate agreements with Sport X Canada in respect of the goods/services offered by such Users. In the event of any conflict between these Terms of Services and the separate agreement you have with Sport X Canada , the terms of the separate Sport X Canada agreement will govern.
Additional Terms for Customers. Specific terms on creating shipping Orders are set out in Part II of these Terms of Service. Merchants may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your Personal Information when you purchase a shipping task with them. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to Sport X Canada that you have familiarized yourself and agree with those privacy policies or statements imposed by any User with whom you elect to deal through the Sport X Canada TECHNOLOGIES.
Additional Terms for All Users. Offer Terms are addressed in Part III of this Terms of Service.
Sport X Canada TECHNOLOGIES User Code. The Sport X Canada Social Code applies equally to all Users. Sport X Canada may from time to time implement additional guidelines and codes of conduct for use of the Sport X Canada TECHNOLOGIES and Customer/Merchant Services. Any such terms will be notified to Users and will be incorporated by reference into these Terms of Service.
Additional Terms and Conditions for Sport X Canada TECHNOLOGIES App Users. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the use of Google Maps services and content, or to the Sport X Canada TECHNOLOGIES if downloaded from the Apple App Store or the Google Play Store.

The Sport X Canada TECHNOLOGIES may use services and content from Google Maps or Google Earth. You acknowledge and agree that you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

The following additional terms and conditions apply to you if you are using a Sport X Canada TECHNOLOGIES App. You acknowledge and agree that:

These Terms of Service are entered into between you and Sport X Canada . Neither Apple, Inc. ("Apple") nor Google, Inc. ("Google") (collectively, the "download service providers") are parties to this Terms of Service agreement nor will they have obligations with respect to the Sport X Canada TECHNOLOGIES. The applicable Sport X Canada party not Apple or Google, is solely responsible for the Sport X Canada TECHNOLOGIES, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, the download service provider used to obtain the Sport X Canada TECHNOLOGIES will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. If Sport X Canada fails to conform to any applicable warranty, you may notify the download service provider used to obtain the Sport X Canada TECHNOLOGIES and they will refund the purchase price (if any) of the Sport X Canada TECHNOLOGIES in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain the Sport X Canada TECHNOLOGIES will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain the Sport X Canada TECHNOLOGIES and Sport X Canada , any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is Sport X Canada ’s responsibility. You and us both acknowledge that Sport X Canada , not the download service provider used to obtain the Sport X Canada TECHNOLOGIES, is responsible for addressing any end-user or third-party claims related to the Sport X Canada TECHNOLOGIES, including, but not limited to: (a) product liability claims, (b) any claim that the Sport X Canada TECHNOLOGY fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, you and us both acknowledge that, in the event of any third-party claim that the Sport X Canada TECHNOLOGIES or your possession or use of the Sport X Canada TECHNOLOGIES infringes on that third party’s intellectual property rights, as between Sport X Canada and the download service provider used to obtain the Sport X Canada TECHNOLGIES, the Sport X Canada TECHNOLOGIES will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

Sport X Canada Accounts

Accurate Information. You represent and warrant that all information supplied by you on the Sport X Canada (including information provided by you to create an account for use of the Sport X Canada (a "Sport X Canada Account")) or in connection with your use of the Sport X Canada is true, accurate, current and complete.
Security of Sport X Canada Accounts. Any Sport X Canada Account must be kept secure and you agree that you will not share or disclose your Sport X Canada Account credentials with anyone. No members of the Sport X Canada Team will be liable for any loss or damage arising from your failure to safeguarding your Sport X Canada Account, use a strong password or limit its use to your Sport X Canada Account. You may browse some of the Sport X Canada without creating a Sport X Canada Account.
Discretionary Access to Sport X Canada Accounts. Sport X Canada reserves the right to deny your request for a Sport X Canada Account (including usernames) and to disable or terminate access to any Sport X Canada Account (including usernames) issued to you at any time in Sport X Canada ’s sole discretion. If Sport X Canada disables access to a Sport X Canada Account issued to you, you will be prevented from accessing the Sport X Canada TECHNOLOGIES or the Sport X Canada SERVICES , your Sport X Canada Account details, ORDERS or other information that is associated with your Sport X Canada Account.
Suspension, Term, Termination and Deletion of Sport X Canada Accounts. We may suspend or terminate your ability to access the Sport X Canada TECHNOLOGIES, or cease providing you with all or part of the Sport X Canada SERVICES at any time for any or no reason, including, if we believe: (i) you may have violated these Terms of Service, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Sport X Canada TECHNOLOGIES to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the Sport X Canada TECHNOLOGIES or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by Sport X Canada in its sole discretion and that no members of the Sport X Canada Team will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the Sport X Canada . Any suspension or termination of this Agreement by Sport X Canada will be in addition to any and all other rights and remedies that Sport X Canada may have.
Account Deletion and Termination. You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your Sport X Canada Account be deleted, ceasing use of the Sport X Canada TECHNOLOGIES, the Sport X Canada SERVICES and uninstalling and removing all local software components thereof, if any. If you request deletion of your Sport X Canada Customer Account, we may disable your Sport X Canada Customer Account but keep the disabled Sport X Canada Customer Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination these Terms of Service at any time by requesting by email (or any then-available interface on the Sport X Canada TECHNOLOGIES) that your Sport X Canada Account be deleted. We may terminate these Terms of Service at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the Sport X Canada TECHNOLOGIES.

Licensed Access to The Sport X Canada TECHNOLOGIES and Permitted Use

Subject to your compliance with these Terms of Service, Sport X Canada hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the Sport X Canada TECHNOLOGIES in accordance with these Terms of Service in the following manner depending on the type of User that you are:

for Customers, you may use the Sport X Canada TECHNOLOGIES to view Orders created by you, create an account, place Orders and pay for Tasks (delivery of Goods) (each a "Task"). You may also use feedback features of the Sport X Canada TECHNOLOGIES (if available) to rate, post comments, rating and reviews on Goods, Merchants and Couriers (as applicable);
for Merchants, you may create an account and use the Sport X Canada TECHNOLOGIES to create or manage the Orders and fulfilment of Orders; and
for Couriers, you may create an account and use the Sport X Canada TECHNOLOGIES to manage and fulfill requests for deliveries of Goods,

(i)-(iii) constitute the "Permitted Use" as applicable for a specific type of User.

Reservation of Rights. Sport X Canada retains the right, at its sole discretion, to deny access to anyone to the Sport X Canada TECHNOLOGIES or the Sport X Canada SERVICES, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Service or use other than the Permitted Use. You will cease and desist from any such access or use of the Sport X Canada TECHNOLOGIES or Sport X Canada SERVICES immediately upon request by Sport X Canada .
Geographic Application of the Sport X Canada TECHNOLOGIES. The Sport X Canada SERVICES and/or specific may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the Sport X Canada TECHNOLOGIES constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.
Changes to the Sport X Canada TECHNOLOGIES. Sport X Canada reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of Orders, contained on or provided through the Sport X Canada TECHNOLOGIES (the "Content") at any time, and from time to time, without notice. For greater certainty, the Content include the User Content (as defined below).

No Unlawful or Prohibited Use

You may not, without Sport X Canada 's prior written permission, use the Sport X Canada TECHNOLOGIES, the Sport X Canada SERVICES or any Content (including other User’s User Content) for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the Sport X Canada TECHNOLOGIES and/or the Content to:

"frame", "mirror" or otherwise incorporate the Sport X Canada TECHNOLOGIES, the Sport X Canada SERVICES or the Content or any part thereof on any commercial or non-commercial website;
access, monitor or copy any part of the Sport X Canada TECHNOLOGIES, the Sport X Canada SERVICES or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without Sport X Canada ’s express written permission;
violate any laws;
violate the restrictions in any robot exclusion headers on the Content or the Sport X Canada TECHNOLOGIES or bypass or circumvent other measures employed to prevent or limit access to the Sport X Canada TECHNOLOGIES or the Sport X Canada SERVICES.
remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Sport X Canada TECHNOLOGIES or the Content;
modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Sport X Canada TECHNOLOGIES, or any Merchant menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Sport X Canada TECHNOLOGIES;
forge headers or otherwise manipulate identifiers in Task to disguise the origin of any material transmitted to or through the Sport X Canada TECHNOLOGIES or impersonate another person or organization or misrepresent their affiliation with a person or entity;
attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Sport X Canada TECHNOLOGIES or the Sport X Canada SERVICES;
copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Sport X Canada TECHNOLOGIES or the Content;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sport X Canada TECHNOLOGIES;
create derivative works based on the Sport X Canada TECHNOLOGIES, the Sport X Canada SERVICES or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Sport X Canada TECHNOLOGIES, the Sport X Canada SERVICES or the Content;
use of access the Sport X Canada TECHNOLOGIES in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or
upload to or transmit through the Sport X Canada TECHNOLOGIES any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by Sport X Canada in its sole discretion.

Intellectual Property Terms

Content and Intellectual Property

Sport X Canada Content and Intellectual Property Rights. The Sport X Canada TECHNOLOGIES and all content contained therein (excluding User Content as defined in Section 6(b) below), is owned or licensed by Sport X Canada and protected by copyright, trade-mark and other intellectual property laws ("Sport X Canada Content"). Sport X Canada expressly reserves all rights in the Sport X Canada TECHNOLOGIES and all materials provided by Sport X Canada in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the Sport X Canada TECHNOLOGIES, all materials provided by Sport X Canada in connection with these Terms of Service (including the Sport X Canada Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Sport X Canada (or third party suppliers or licensors, if applicable), and that the Sport X Canada TECHNOLOGIES and all materials provided by Sport X Canada hereunder are licensed and not "sold" to you.
User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Sport X Canada TECHNOLOGIES by Users ("User Content"), is the sole responsibility of such Users. This means that the User, and not members of the Sport X Canada Team, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the Sport X Canada TECHNOLOGIES. Sport X Canada may monitor User Content from time to time but Sport X Canada does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will any members of the Sport X Canada Team be liable in any way for any User Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Sport X Canada TECHNOLOGIES. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the Sport X Canada Privacy Policy and all other User Content will be considered non-confidential.
User-Related Content. Sport X Canada may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof ("User-Related Content"). You grant to Sport X Canada Team a perpetual, transferrable, irrevocable, royalty-free, worldwide and sublicensable license to access, collect, store and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the Sport X Canada Privacy Policy. User-Related Content is not considered confidential or proprietary.

User Content License to Sport X Canada . By submitting, posting or displaying User Content on or through the Sport X Canada TECHNOLOGIES or otherwise to Sport X Canada , you grant Sport X Canada Team, a worldwide, non- exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You further grant Sport X Canada the right (although Sport X Canada does not have the obligation) to pursue at law any person or entity that violates your or Sport X Canada ’s rights in the User Content by a breach of these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, Sport X Canada has no obligation to post or display any User Content on the Sport X Canada TECHNOLOGIES.
Use of Sport X Canada Content and User Content by other Users. You may only use Sport X Canada Content and other Users Content (eg. information provided by Merchants) for the applicable Permitted Use. If you print extracts from the Sport X Canada TECHNOLOGIES for your own personal, non- commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.
Terms on Submissions/Feedback and Other User Content (if Available)

Creating Submissions and Other User Content. Through the capabilities of the Sport X Canada TECHNOLOGIES you may be able to provide ratings/reviews, suggestions or other feedback ("Submissions"). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the Sport X Canada TECHNOLOGIES any material or content which does or may:

Breach any applicable local, national or international law;
Be unlawful or fraudulent;
Amount to unauthorized advertising;
Contain any defamatory, obscene or offensive material;
Promote violence or discrimination;
Infringe the intellectual property rights of another person;
Breach any legal duty owed to a third party (such as a duty of confidence);
Promote illegal activity or invade another’s privacy;
Give the impression that they originate from us; or
Be used to impersonate another person or to misrepresent your affiliation with another person.

You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the Sport X Canada TECHNOLOGIES.

Status of Submissions on the Sport X Canada TECHNOLOGIES. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the Sport X Canada TECHNOLOGIES that we determine breaches the restrictions in Section 6(d)(i) above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the Sport X Canada TECHNOLOGIES is for information purposes only and does not constitute advice from us or the opinions of anyone within the Sport X Canada Team. User Content may reflect the opinions of Customers who have Tasked through the Sport X Canada TECHNOLOGIES and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of the Sport X Canada Team assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
Public Display of Submissions. You acknowledge that Sport X Canada may choose to provide attribution of your Submissions (for example, listing a date, User’s name and city on a User’s rating/review that you submit) at Sport X Canada ’s discretion, and that such User Content may be visible to other Users and visitors to the Sport X Canada TECHNOLOGIES. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.

Note on Privacy. If you access any Person Information through or in connection with the Sport X Canada TECHNOLOGIES you agree that you will treat such Personal Information in accordance with Sport X Canada 's current Privacy Policy and you will not collect or harvest any Personal Information, including Personal Information of other users, except as permitted by these Terms of Service.

Advertising and Third Party Websites

If you elect to have any business dealings with anyone whose products or may be advertised on the Sport X Canada TECHNOLOGIES, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of the Sport X Canada Team will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
The Sport X Canada TECHNOLOGIES may provide links to third party websites and such links are provided solely for your convenience. Third party websites: Links to third party websites on the Sport X Canada TECHNOLOGIES are provided solely for your convenience. If you use these links, you leave the Sport X Canada TECHNOLOGIES. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Sport X Canada TECHNOLOGIES, you do so entirely at your own risk.
Sport X Canada reserves the right to prohibit or remove (or require you to remove) any link to the Sport X Canada TECHNOLOGIES, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

Availability and Updates

Sport X Canada may alter, suspend, or discontinue the Sport X Canada TECHNOLOGIES or Service at any time and for any reason or no reason, without notice. The Sport X Canada TECHNOLOGIES or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Sport X Canada may periodically add or update the information and materials on this the Sport X Canada TECHNOLOGIES without notice.
While we try to ensure the Sport X Canada TECHNOLOGIES is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and no members of the Sport X Canada Team will be liable to you if the Sport X Canada TECHNOLOGIES is unavailable at any time or for any period.
Sport X Canada may upgrade or alter the Sport X Canada TECHNOLOGIES at any time. Sport X Canada may remotely access the Sport X Canada TECHNOLOGIES (including for greater certainty any Sport X Canada TECHNOLOGIES) at any time for any lawful reason, in particular to update the software or to perform software maintenance.

DISCLAIMERS

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

Content: While we try to ensure that information on the Sport X Canada TECHNOLOGIES is correct, we do not promise it is accurate or complete. We may make changes to the material on the Sport X Canada TECHNOLOGIES including to Orders and prices described on it, at any time without notice. The material on the Sport X Canada TECHNOLOGIES may be out of date, and we make no commitment to update that material.
We try to accurately copy the item names, descriptions, prices, special offer information. However, it is the Merchants that are responsible for providing this Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility
Merchant actions and omissions: The legal contract for the supply and purchase of Goods is between the Customer and the merchant that you place your Task with. We have no control over the actions or omissions of any Merchant. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Sport X Canada TECHNOLOGIES:

We do not give any undertaking that the Orders Tasked from any Merchant through the Sport X Canada TECHNOLOGIES will be of accurately submitted or suitable for your purpose and we disclaim any such warranties.
Estimated times for deliveries and pick-ups are provided by the Merchants and are only estimates. Neither we nor the Merchants or Couriers guarantee that Orders will be delivered or will be available for pick-up within the estimated times.
We encourage all Merchants accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Merchant rejects your Task. However, we do not guarantee that Merchants will accept all Orders, and Merchants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

The foregoing disclaimers do not affect Customer’s statutory rights against any Merchant or Courier.

Service Disclaimers

Viruses. The downloading and viewing of the Sport X Canada TECHNOLOGIES or the Content is done at your own risk. Sport X Canada cannot and does not guarantee or warrant that the Sport X Canada TECHNOLOGIES or the Content are compatible with your computer system or that the Sport X Canada TECHNOLOGIES or the Content, or any links from the Sport X Canada TECHNOLOGIES or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Sport X Canada TECHNOLOGIES.
Communications Not Confidential. Sport X Canada does not guarantee the confidentiality of any communications made by you through the Sport X Canada TECHNOLOGIES. Although Sport X Canada generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Sport X Canada TECHNOLOGIES, you understand, agree and acknowledge that Sport X Canada cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Sport X Canada TECHNOLOGIES.

NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.

NO IMPLIED WARRANTIES. THE SPORT X CANADA TECHNOLOGIES, THE SPORT X CANADA SERVICES AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SPORT X CANADA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SPORT X CANADA TECHNOLOGIES, SPORT X CANADA AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SPORT X CANADA TECHNOLOGIES, THE SPORT X CANADA TECHNOLOGIES OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL SPORT X CANADA OR ANY MEMBER OF THE SPORT X CANADA TEAM BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SPORT X CANADA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SPORT X CANADA TECHNOLOGIES, THE SPORT X CANADA TECHNOLOGIES OR THE CONTENT.
NO RESPONSIBILITY FOR MERCHANTS AND COURIERS. MERCHANTS AND COURIERS OFFERING ORDERS OR THROUGH THE SPORT X CANADA TECHNOLOGIES ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF SPORT X CANADA SPORT X CANADA IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY MERCHANTS OR COURIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE ORDERS OFFERED BY MERCHANTS OR COURIERS.
LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE SPORT X CANADA TEAM IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SPORT X CANADA TECHNOLOGIES, FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
ADDITIONAL COSTS: YOU ASSUME FULL AND SOLE RESPONSIBILITY FOR ANY ADDITIONAL OR ASSOCIATED COSTS THAT YOU MAY INCUR IN CONNECTION WITH OR AS A RESULT OF YOUR USE OF THE SPORT X CANADA TECHNOLOGIES, INCLUDING WITHOUT LIMITATION COSTS RELATING TO THE SERVICING, REPAIR OR ADAPTATION OF ANY EQUIPMENT, SOFTWARE OR DATA THAT YOU MAY OWN, LEASE, LICENSE OR OTHERWISE USE.

THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH SPORT X CANADA WOULD NOT MAKE THE SPORT X CANADA TECHNOLOGIES AND/OR SPORT X CANADA SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify and hold harmless Sport X Canada Team, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:

your breach of these Terms of Service or any documents referenced herein;
your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);
your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or

Sport X Canada reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Sport X Canada .

Governing Law and Disagreement Resolution

Governing Law. These Terms of Service will be governed by the laws of the Province of British Columbia, unless you access the Sport X Canada TECHNOLOGIES or receive the Sport X Canada SERVICES in Quebec, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Sport X Canada TECHNOLOGIES, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the, the Sport X Canada TECHNOLOGIES, the Sport X Canada SERVICES or the Content, notwithstanding your domicile, residency or physical location.
Disagreement Resolution Process.

Except to the extent restricted by applicable law, if there is any Disagreement or controversy between (1) you and (2) Sport X Canada or any members of the Sport X Canada Team, including any Disagreement or controversy arising out of or relating to these Terms of Service, the Sport X Canada TECHNOLOGIES or Sport X Canada SERVICES , any interactions or transactions between (1) you and (2) Sport X Canada or any members of the Sport X Canada Team, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Disagreement"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Disagreement informally.
Except to the extent restricted by applicable law, if the Disagreement is not resolved after five (5) business days of a person serving notice on the other party that there is a Disagreement, you and us agree that the Disagreement will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be British Columbia or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Sport X Canada will pay the reasonable arbitration costs.
Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Disagreement on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the Sport X Canada Team.
Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

Miscellaneous

Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to this Agreement. The section headings in this Agreement are for reference and convenience only and shall not be considered in the interpretation of these Terms of Service.
Entire Agreement. If you are a Customer, these Terms of Service, the Privacy Policy and any documents incorporated by reference herein constitute the entire agreement between Sport X Canada and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sport X Canada with respect to the Sport X Canada TECHNOLOGIES. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notices. Sport X Canada may, in its sole discretion, provide any notices to you in connection with these Terms of Service through the Sport X Canada TECHNOLOGIES or by email at the then-current email address for you on file with Sport X Canada. Sport X Canada may be contacted in writing at:

Sport X Canada Canada..
33771 George Ferguson Way, suite 365,
Abbotsford, British Columbia
V2S 2M5

or
help@SportXCanada.com

Sport X Canada may change its notice contact information from time to time by posting updated contact details on the Sport X Canada TECHNOLOGIES.

No Waiver. Sport X Canada 's failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right.
Force Majeure. Sport X Canada will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond Sport X Canada 's reasonable control, including but not limited to acts of God, power outages, internet dis-connectivity, war, strikes or labor Disagreements, embargoes, government Orders or any other force majeure event.
Severability. If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
Task of Precedence. If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between you and us, then these Terms of Service will prevail; provided that, if you are also a MERCHANT registered on the Sport X Canada TECHNOLOGIES, the terms applicable to the MERCHANT agreement will govern your relationship with Sport X Canada in connection with your use of the Sport X Canada TECHNOLOGIES as a MERCHANT offering its .
Language. These Terms of are made available in English and in French for French speaking Users. In the event of a conflict between this English language version of the Terms of the Sport X Canada and the French language version of the Terms of Service, this English language version shall prevail except for users in Quebec for whom the French language version will prevail. En cas d’incompatibilité entre la présente version anglaise des conditions du site et sa version française, cette version anglaise prévaudra.
Assignment. You may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer any of our rights or obligations under these Terms of Service without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

CREATING ORDERS TERMS

Access, Sport X Canada and Orders

Through the Sport X Canada TECHNOLOGIES you may place Orders with Merchants, you may receive delivery of the Goods and Sport X Canada may provide customer care support between you, Couriers and Merchants (these and associated such as task management, payment processing for Orders and provision of access to the Sport X Canada provided by Sport X Canada from time to time are the "Sport X Canada "). For avoidance of doubt, Sport X Canada does not prepare or fulfil any Orders for Orders or provide delivery directly and no members of the Sport X Canada Team will be liable for any transactions between Customers, Couriers or Merchants. Sport X Canada may provide products or to Couriers or Merchants through a separate agreement executed with such parties. Rates and other Merchant-related information on the Sport X Canada TECHNOLOGIES is content provided by Sport X Canada and not Merchant.

Sport X Canada Customer Account

To use the Sport X Canada TECHNOLOGIES and most features of the Sport X Canada , you are not required to successfully create a user account but can create (the "Sport X Canada Customer Account") using the available interfaces at the Sport X Canada TECHNOLOGIES.

Creating Orders

Once you have created your Sport X Canada Customer or Merchant Account you may select Orders from menu, choose your desired destination, and then submit task. If you havr requested pickup, the courier will calculate the exact cost of your task at the time of pick up.Sport X Canada does not guarantee a prior cost of your task.Your task may be edited at any time prior to pickup. Once you have made your selection, you may proceed to place your Task. If available, A Task will be created and sent to Sport X Canada dispatch . You are responsible to ensure that all of your Task details, including weight, dimensions, delivery address and other information is current, complete and accurate. Your payment card will be charged when you place your Task if the Task is a created directly with a Merchant (as defined in section 6(b)). Once your task has been dispatched for delivery, you will not be entitled to change or cancel your Task and you will not be entitled to a refund (except where required by law). Notwithstanding that you are not entitled as of right to change or cancel your Task or be entitled to a refund (except where prohibited by law), if you wish to amend or cancel your Task for a total or partial refund of your Task’s price, you must get in touch with Sport X Canada via email or the Sport X Canada contact information provided on the Sport X Canada TECHNOLOGIES.
We encourage Merchants to confirm all Orders and to communicate any inability or unwillingness to confirm promptly, and we will notify you as soon as reasonably practicable if the Merchant does not confirm your Task. Merchant's may have the discretion to not confirm Orders. For Card Orders (as defined in section 6(b) below), Sport X Canada will provide you with a refund of the price of your Task after communicating to you the non- confirmation or cancellation of your Task by the Merchant.
Because of standard banking procedures, once you have placed a Card Task and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Task. If your Task is not confirmed by the Merchant or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Task to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that no members of the Sport X Canada Team nor the relevant Merchant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
You agree that Sport X Canada or the Merchant will have no liability to you for Orders that are not confirmed, are cancelled or that the Merchant has been unable or unwilling to fulfill.

Customer Care, Task Contract, Third Party Couriers and Refunds

Sport X Canada may offer customer care in respect of issues relating to the Merchants and the Couriers. If you have any problems, questions or suggestions with respect to the Sport X Canada or your Task, please contact Sport X Canada ’s customer care team (and not the Merchant or Courier) via email (preferable), or at the contact information provided on the Sport X Canada TECHNOLOGIES.
The legal contract for the purchase of orders will in all cases be between the Customer and the Merchant. You irrevocably appoint and authorize us to act as your sole and exclusive agent for the purpose of concluding contracts for the fulfillment of orders between you and the Merchant by means of you placing Orders via the Sport X Canada TECHNOLOGIES. We may act as agent for the Customer and the Merchant for the legal contract for the purchase and sale of the Orders. YOU ACKNOWLEDGE AND AGREE THAT NO MEMBER OF THE SPORT X CANADA TEAM HAS ANY CONTROL OVER THE QUALITY OF THE ORDERS CREATED BY MERCHANTS AND COURIERS AND THAT NO MEMBERS OF THE SPORT X CANADA TEAM WILL HAVE LIABILITY TO YOU FOR ANY PROBLEMS CAUSED BY THE MERCHANT CONCERNING YOUR ORDERS, INCLUDING, WITHOUT LIMITATION, MISSED OR LATE DELIVERIES, MISSED GOODS ITEMS, AND ANY PROBLEMS WITH RESPECT TO THE QUALITY OF THE GOODS DELIVERED INCLUDING IF GOODS CAUSE ILLNESS, ALLERGIC REACTIONS.
For Delivery Orders that the Merchant arranges or for which third party couriers provide delivery , we are not liable for any service or product provided by such couriers.
Sport X Canada may provide, in its discretion, the refund or compensation by payment to your payment credit or debit card or providing the Customer with Sport X Canada Credits (as defined below).

Payment Processing

Payment processing for the Sport X Canada are provided by payment providers as Sport X Canada may choose from time to time (collectively referred to as the "Payment Processing Provider"). You hereby authorize Sport X Canada to share with the Payment Processing Provider that financial information, banking details and transaction information related to your use of the payment processing and the Sport X Canada . You also agree that the Sport X Canada Team is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Provider or any third party.

Price and Payment

Task prices listed on the Sport X Canada web portal for Merchants in Canada are in Canadian dollars. Task prices may not include applicable tax. Taxes may be added and will be payable by you along with the Task price.
Payment for Orders must be made with an accepted credit or debit card through the Sport X Canada ("Card Orders") or in certain circumstances may be made by cash directly to the Merchant ("Cash Orders"). Couriers do not accept cash. If you choose a Cash Task, you must pay the Merchant or, as applicable and are liable for failure to do so.
For Card Orders, you will be charged at the time of placing your Task. The Sport X Canada TECHNOLOGIES uses the third party payment processors to effect charges onto your debit or credit card. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in our sole discretion. You agree we may charge your payment card for any Task placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.
Sport X Canada or the Merchant is under no obligation to fulfill your Task at the incorrect price. Prices at the Merchant’s physical location and at the Sport X Canada mobile potal price list may not be different. Any such differences will not entitle you to a refund or a reduction in price of your Task.
Orders prices, and any other fees are subject to change at any time at Sport X Canada ’s discretion.

Delivery

You may have the ability to choose if you would like your Task to be “picked up” by ESport X Canada at your premise or create a task at the Merchant of your choice ("Delivery Task") to delivered on your behalf by a third party courier contracted to ESport X Canada ("Delivery Task"). You may be provided a time for when the Pickup Task or when the Delivery Task will be completed. These times are only an estimate and Sport X Canada and the Merchant offer no guarantee that these times will be achieved. Sport X Canada is not responsible for any delays in receiving or having your Task ready for any reason. For a Pickup Task, you will arrive at the time provided and Sport X Canada and the Merchant are under no obligation if you do not arrive when indicated.

PROMOTIONAL OFFERS, REFER-A-FRIEND PROGRAM, AND SPORT X CANADA CREDITS AND CONTESTS

Promotional Offers

The following terms and conditions will apply to all Offers issued for free from time to time for promotional, advertising, or marketing purposes for use on Orders on the Sport X Canada TECHNOLOGIES ("Promotional Offers"):

Promotional Offers may only be redeemed towards Orders on the Sport X Canada TECHNOLOGIES and cannot be used for Orders that include over weight or oversized Orders and may not applied to taxes or other items/fees/charges as determined from time to time by us. Promotional Offers may have a specific dollar amount, may provide a percentage-based discount, or may have other effects (such as making a charitable donation). The particular terms of a Promotional Offer (for example, the amount of any dollar or percentage discount, number of times the Promotional Offer can be used, expiry date, area Promotional Offer can be use, whether applicable for Pickup Orders or Delivery Orders) any other rules that may apply are described in the information accompanying or in conjunction with the Promotional Offer (for example, the social media post or advertisement where the Promotional Offer was posted).
Promotional Offers must be used in conjunction with a Sport X Canada Customer Account. Promotional Offers must be applied to an online Task by no later than the deadline specified on the Promotional Offer and will expire if not applied by this time. If the Promotional Offer provides for a discount on a Task, an amount determined by the rules of the Promotional Offer will be credited to the Task to which the Promotional Offer is applied.
The right to use a Promotional Offer is personal to the original recipient and may not be transferred. No Promotional Offer may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. For greater certainty, Promotional Offers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or canceled.
Promotional Offers may not be used in conjunction with other Offers or any other discounts or promotions provided or advertised from time to time unless otherwise stated.
Promotional Offers may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned.
Members of the Sport X Canada Team will not be liable to you, any customer or Merchant for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Promotional Offer or any failure or inability of a customer or Merchant to use a Promotional Offer for any reason.
For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Promotional Offers or to vary or terminate the operation of a Promotional Offer at any time without notice.

Refer-A-Friend Program

If you are a Sport X Canada Customer Account holder, you may be entitled to voluntarily participate in the Sport X Canada refer a friend program (the "Referral Program"). A unique alphanumeric code is assigned to your Sport X Canada Customer Account, referred to as your personalized referral code ("Referral Code"). To participate in the Referral Program, you will need to refer friends who have never placed a Task with us ("Friends") and invite your Friends to use the Sport X Canada with your Referral Code.
You will earn Sport X Canada credit ("Referral Sport X Canada Credit") in the amount we determined from time to time once your Friend ("Referred User") has completed an eligible Task on the Sport X Canada TECHNOLOGIES ("Eligible Task"). Criteria for Eligible Orders is determined in our sole discretion from time to time. Referral Credit will be applied automatically against your item subtotal on your next Card Task, up to and including the item subtotal before taxes, tip, and delivery fee. If any credit happens to remain after being applied to the Task, that credit will remain on your account. Referral Credits are subject to expiration and must be used within the timeframe, if stated or otherwise determined by us from time to time. The amount of Referral Credits earned and redeemed are subject to change at any time at Sport X Canada ’s sole discretion. Referral credits will be added to user accounts on the last day of each month.
The Referral Code may only be used for personal and non-commercial purposes. You may share your code with your personal connections via social media, email, or word of mouth, where you are the primary content owner. In cases where you are not the primary owner of the content or website (e.g., Wikipedia, coupon websites, affiliate websites, discussion forums, etc.), public distribution is not allowed. Promoting or advertising your Referral Code via search engine marketing or any other paid advertising media (e.g., Bing/Yahoo/Adwords) is not allowed. You are not allowed to misrepresent your relationship with any members of the Sport X Canada Team or with the Sport X Canada TECHNOLOGIES to any third parties, and you will not make any warranty or representation on behalf of any members of the Sport X Canada Team. You are not allowed to refer yourself or members of your household for the purposes of earning Referral Credit.
Sport X Canada reserves the right, at its sole discretion, to deactivate your account(s) and revoke the Referral Credits of any account holder who it finds or believes to be earning or using Referral Credits against these Terms of Service, or who is manipulating or abusing the Sport X Canada TECHNOLOGIES or the Sport X Canada .
For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend these Terms of Service in relation to the use of Referral Program or to vary or terminate the operation of a Referral Sport X Canada Credit issued pursuant to the Referral Program at any time without notice.

The Eligible Purchases that you may purchase using Sport X Canada Credit consist of Orders, including all fees and costs on the Task for those Goods which you are permitted to purchase in accordance with these Terms of Service. Sport X Canada reserves the right to restrict the use of Sport X Canada Credit to comply with applicable law. Sport X Canada Credit cannot be used to purchase anything other than Eligible Purchases and must be used in the currency in which they are credited for.
When you make a purchase from your Sport X Canada Customer Account using Sport X Canada Credit (including Sport X Canada Credit from a Gift Card), the value of the Sport X Canada Credit that you use for that purchase will be deducted from your Sport X Canada Credit Balance. As long as you are only purchasing Eligible Purchases, you may use Sport X Canada Credit to pay for all fees and costs on your Task, including but not limited to the cost of Goods, delivery charges, tips, and taxes. Any unused Sport X Canada Credit Balance will remain associated with your Sport X Canada Customer Account. If the cost of a Task exceeds your Sport X Canada Credit Balance, the remaining amount must be paid with another payment method.
Sport X Canada Credit do not expire. There are no fees associated with, using, or redeeming Sport X Canada Credit.
Sport X Canada Credit cannot be resold (except with the express written permission of Sport X Canada ), used for payment outside the Eligible Purchases, transferred for value, returned for a cash refund, or redeemed for cash, except to the extent required by applicable law. No portion of your Sport X Canada Credit Balance may be transferred to another Sport X Canada Customer Account or otherwise assigned or transferred to another person. Sport X Canada Credit cannot be used in conjunction with Cash Orders.
Sport X Canada is not responsible if your Sport X Canada Credit Balance is used without your permission, or if you lose access to your Sport X Canada Customer Account or any Sport X Canada Credits.
Sport X Canada Credit may be subject to any additional terms and conditions that will be specified in connection with the specific Sport X Canada Credit grant.
Sport X Canada has the right to void Sport X Canada Credit, close Sport X Canada Customer Accounts and bill alternative forms of payment if it suspects that a Sport X Canada Credit grant is obtained, used or applied to a Sport X Canada Customer Account (or Sport X Canada Credit is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these Terms of Service, or in a manner that abuses the Sport X Canada .
For greater certainty, to the extent permitted by law, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Sport X Canada Credit

Contests/Competitions

From time to time, Sport X Canada may run contests or competitions ("Contests"). Those Contests will be subject to these Terms of Service, as well as rules specific to each Contest ("Contest Rules").
In general, Contests for Canadian users will be open to individual residents of Canada over the age of majority in the province or territory in which they reside, with the exception of:

employees, representatives and agents (and persons with whom they are domiciled, whether related or not) of Sport X Canada Team, its advertising and promotion agencies; and
residents of Quebec, unless specified in the Contest Rules.

The Contest Rules may specify other eligibility rules.

For greater certainty, subject to applicable law, we reserve the right, at any time and in our sole discretion, to withdraw any Contest, to add to or amend terms and conditions (including these Terms of Service) in relation to any Contest or to vary or terminate the operation of a Contest at any time without notice.

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