Terms and Conditions of Sale to Curling Clubs

TERMS AND CONDITIONS OF SALE TO CURLING CLUBS

  1. - DEFINITIONS
    1. In this Agreement:
  • “Agreement” means these Terms and Conditions of Sale to Curling Clubs, the Quotation and any attachments or schedules referred to within these Terms and the Quotation;
  • “Business Day” means any day other than Saturday or Sunday or a statutory holiday so recognized by the Province of Quebec and by the Province or Territory in which the Client is located (if different);
  • “Client” means the curling club that signed/mentioned in the Quotation;
  • “Client Group” means the Client, its partners, their respective subcontractors and affiliates, and the shareholders, officers, directors, employees, agents and servants of each of them;
  • “Delivery Fees” means the costs associated with the Delivery of the Hardware at the delivery address indicated in the Quotation including as applicable freight insurance and other clearance fees, taxes and transportation costs;
  • “Defective Hardware” means Hardware that is not free from significant defects in material and workmanship;
  • “Delivery Terms” means the manner in which the Hardware will be delivered to the Client, the Delivery Fees and anticipated date for delivery;
  • “Guide” means the instructions guide explaining how to use the Hardware and providing other information related thereto, available on IntelliSports’ website, as amended from time to time;
  • “Hardware” means the products described in the Quotation required to operate the Klutch System and, as the context requires, means the Hardware as a whole or any part thereof ;
  • “Improvements” means any and all modifications, improvements and changes to existing Intellectual Property Rights, as well as all protectable modifications, improvements and changes;
  • “Intellectual Property Right” means all intellectual property rights and moral rights and other titles, interests and protections of any kind or nature throughout the world including without limitations all (i) patents, patent applications, continuations, continuations-in-part, divisionals, reissues, re-examinations; (ii) copyrights, copyright applications and copyrightable subject matters, registrations substitutions and extensions; (iii) industrial designs, applications and registrations; (iv) trademarks, logos, service marks and trade names, (v) know-how and trade secrets, and (v) their respective applications and registrations, Improvements, rights to obtain intellectual property protections and all goodwill associated therewith.
  • “IntelliSports” means IntelliSports Inc., a corporation incorporated in Québec under the Business Corporations Act,
  • “IntelliSports Group” means IntelliSports, its partners, their respective subcontractors and affiliates, and the shareholders, officers, directors, employees, agents and servants of each of them;
  • “Klutch System” means the Klutch Technology and all Intellectual Property and Improvements associated therewith;
  • “Klutch Technology” means the proprietary technologies related to curling rock tracking, some aspects of which are described in IntelliSports PCT patent ;
  • “Parties” means IntelliSports and the Client and “Party” means each one of the Parties to this Agreement;
  • “Person” means any individual, corporation, partnership, trust, government or governmental body or other incorporated or unincorporated entity;
  • “Quotation” means the signed document or invoice attached to the Terms and Conditions of Sale to Curling Clubs which may describe, among other items, the Hardware, Sale Price, Delivery Terms and contact information of the general manager, head coach and ice technician of the Client or other person representing the Client;
  • “Sale Price” means the price of the Hardware, plus applicable sales, value-added, excise or other similar taxes imposed by applicable law ;
  1. - HARDWARE SALE AND DELIVERY
    1. Subject to the terms and conditions of the Agreement, IntelliSports agrees to sell to the Client and the Client agrees to purchase from IntelliSports the Hardware for the Sale Price, plus any Delivery Fees. That sale is final. No refunds will be issued and no returns will be accepted except in accordance with Article 6 hereto.
    2. The Sale Price and Delivery Fees, where applicable, must be paid in full by credit card or by cheque as per the terms agreed. The price of Hardware shall be the price set out in the Quotation. The Sale Price for Hardware stated in the Quotation, unless indicated otherwise, do not include applicable taxes.
    3. IntelliSports will use reasonable efforts to deliver the Hardware in accordance with the Delivery Terms, but will have no liability should the Hardware not be delivered to the Client by the anticipated date for delivery indicated in the Quotation. All risks of loss or damage to the Hardware is transferred to the Client upon delivery at its premises identified in the Quotation. IntelliSports will have no responsibility or liability for the condition of the Hardware after delivery except pursuant to Article 6 hereto. Unless otherwise specified in the Quotation, IntelliSports will not be required to deliver the Hardware, and title to the Hardware shall not pass to the Client until the Sale Price and Delivery Fees have been paid in full. Any customs duties and other Delivery Fees shall be borne exclusively by the Client.
  2. - INSTALLATION OF INTELLISPORTS’ LOGO
    1. The Client may affix IntelliSports’ logo (which will be provided by IntelliSports upon request) (the “Logo”) in the curling rink where the Hardware will be used and on the curling rocks in which the Hardware is placed, the whole in the manner specified in the Guide, for as long as the Client offers its members to use the Hardware (the “TM License Term”).
    2. IntelliSports hereby grants the Client a non-exclusive, revocable, non-transferable and royalty-free license to use the Logo only as provided in section 3.1 for the duration of the TM License Term and solely for the purposes and in the manner expressly authorized by the TM License Term. This right shall not be sublicensable. The Client acknowledges that IntelliSports is the owner of the Logo, and undertakes not to use or adopt the Logo or any confusingly similar mark, to dilute IntelliSports’ goodwill in the Logo or to otherwise use the Logo in any manner and for any purpose other than those expressly authorized. The Client acknowledges that the Logo is used under license to IntelliSports’ exclusive benefit. The Client shall not challenge or encourage any Person to challenge the validity of the Logo or IntelliSports’ rights in and to the Logo. IntelliSports has a right to inspect, at any reasonable time during business hours, the premises where the Logo is installed to verify that the Logo is used in accordance with the Agreement and the quality of the products and services offered by the Client in association with the Logo.
  3. - GRANT OF LICENSE TO KLUTCH SYSTEM
    1. Subject to the terms and conditions of the Agreement, IntelliSports hereby grants the Client a non-exclusive, non transferable, revocable and royalty-free license to use the Klutch System in the Hardware, for such uses that are allowed in the Guide and for no other purpose for the duration of the TM License Term. This right shall not be sublicensable.
  4. - OWNERSHIP OF HARDWARE
    1. Subject to the limited rights granted under this Agreement, the Client acknowledges and agrees that IntelliSports is and shall be the sole and exclusive owner of all Intellectual Property Rights in and to the Hardware, the Klutch System and the Logo, including any and all Intellectual Property Rights.
    2. The Client shall not:
  • make, copy, manufacture, reverse engineer, decompile, translate, disassemble, alter or otherwise modify or make any other unauthorised uses the Hardware, Klutch System or other material delivered, or any discrete part(s) thereof;
  • remove or modify any product markings or any notice of IntelliSport’s proprietary rights;
  • copy, merge, sell, lease, sublicense, assign, transfer or make available the Hardware, Klutch Technology or any other material delivered to any third party;
  • hypothec, charge, encumber or otherwise grant any other right over the Hardware, Klutch Technology or any other material delivered or any of their components;

nor will it assist any third party to do so, anywhere in the world, without the prior written consent of IntelliSports.

Client’s failure to comply with the provisions of this Section shall render the warranty provisions under the Agreement null and void and may cause legal actions from IntelliSports in addition to any other right provided for herein.

    1. Subject to the provisions of this Agreement, the Client shall have no right to, and covenants not to apply for, any Intellectual Property Rights protection in respect of the Hardware, Klutch System, Logo or any other material delivered, or any of their components in any jurisdiction at any time.
    2. If the Client becomes aware that any Person is infringing, or threatening to infringe, any Intellectual Property Rights in the Hardware, Klutch System, Logo or any other material delivered, or any of their components, the Client shall immediately notify IntelliSports, in writing, to that effect. IntelliSports shall, at its own expense and discretion, take all commercially reasonable actions and proceedings necessary to prevent any third party infringement of such Intellectual Property Rights, and may take any other action or proceeding it deems necessary or desirable against any third party to protect or defend same. The Client agrees to take no action against any third party infringer without the prior written approval of IntelliSports. The Client shall co-operate and assist IntelliSports in any such action or proceeding, including the execution of documents, at IntelliSports costs provided that such expenses be preapproved by IntelliSports.
    3. The Client hereby assigns, grants and transfers to IntelliSports, and acknowledges and agrees that IntelliSports shall be the sole and exclusive owner of, all Intellectual Property Rights and other rights, titles and interests, in and to all of the Improvements, throughout the world, including, without limitation, all trade secrets, patent rights, copyrights and all other Intellectual Property Rights therein (all regardless of who was involved therewith). IntelliSports' ownership of and title to the Improvements and Intellectual Property Rights therein arises automatically upon the creation of such Improvements. To the extent the Client (or any of its employees or Person for whom it is in law responsible) retains any title to any Improvements for any reason whatsoever, the Client shall take and cause to be taken all necessary steps (including a waiver of any moral rights therein) to transfer full title and ownership thereto to IntelliSports. The Client further renounces or, as applicable, shall ensure that any Person for whom it is in law responsible renounces to the moral right in such Intellectual Property and otherwise comply with this provision.
  2. - MANUFACTURER’S WARRANTY
    1. IntelliSports warrants that, for the current curling season, starting in September and ending in May (the “Warranty Period”), the Hardware will be free from significant defects in material and workmanship (the “Manufacturer’s Warranty”).
    2. The Manufacturer’s Warranty does not apply where the Hardware has:
      1. been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to the Guide, this Agreement or any other instructions issued by IntelliSports from time to time;
      2. been reconstructed, repaired or altered by Persons other than IntelliSports or a Person authorized by IntelliSports; or
      3. been used with any third-party product, hardware or product that has not been previously approved in writing by IntelliSports.
    3. During the Warranty Period, with respect to any allegedly Defective Hardware:
      • the Client shall notify IntelliSports, in writing, of any alleged claim or defect within five (5) Business Days from the date the Client discovers, or upon reasonable inspection should have discovered, such alleged claim or defect;
      1. if so instructed by IntelliSports, the Client shall ship, at its expense and risk of loss, such allegedly Defective Hardware to IntelliSports’ facility at the address provided by IntelliSports for inspection and testing by IntelliSports;
      2. if IntelliSports’ inspection and testing reveals, to IntelliSports’ reasonable satisfaction, that any Hardware shipped by the Client to IntelliSports in accordance with this section is Defective Hardware and any such defect has not been caused or contributed to by any of the factors described under Section 6.2 (or Client’s fault or negligence), then IntelliSports shall in its sole discretion (i) repair or (ii) replace, at its own cost, such Defective Hardware;
      3. the Client has no right to return for repair or replacement any Hardware except as set forth in this Section. In no event shall the Client reconstruct, repair, alter or replace any Hardware, in whole or in part, either itself or by or through any third party, except as expressly permitted, in writing, by IntelliSports.

This warranty does not apply to third party program or third party hardware.

  1. - OTHER WARRANTIES
    1. The Client acknowledges and agrees that:
      1. Except for the warranties defined at section 6.1, IntelliSports makes no warranty whatsoever with respect to the Hardware or the Klutch System or other material delivered, including any warranty of fitness for a particular purpose whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise;
      2. any support services provided by anyone in the IntelliSports Group are of such a nature that no certainty of results can be assured by IntelliSports and IntelliSports makes no warranty concerning the accuracy or completeness of the Hardware, Klutch System and of any data collected therein, the effectiveness of material used, recommendations given, or results of the services rendered; and
      3. The Client's sole and exclusive remedy at law or equity, whether in contract, tort or other theory of law in connection with this Agreement for any reason whatsoever is limited to the repair or the replacement of Defective Hardware as set forth in Section 6.3.IntelliSports’ maximum liability shall not exceed the amount paid to IntelliSports by Client under the Quotation in connection with each individual defective Hardware.
      4. TRAINING AND COACHING
    2. Notwithstanding the above, it is expressly agreed that the Client shall be responsible for the consequences of the loss or destruction of the Hardware of other material that are a result of the Client’s fault, negligence or use of the Hardware.
  2. – LIABILITIES AND INDEMNITIES
    1. The Client shall indemnify, defend and hold harmless the IntelliSports Group from and against any and all losses, damages, liabilities, infringement, deficiencies, claims, demands, actions, judgments, settlements, interest, awards, penalties, fines, costs (including settlement costs) and expenses of whatever kind, including reasonable attorney’s fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by IntelliSports, relating to, arising from or in connection with claims made against the IntelliSports Group arising out of any acts or omissions or negligence of the Client Group in relation to this Agreement, or arising out of or related to the use, operation and possession of the Hardware or the licensed properties and other material devivered by the Client.
    2. It is expressly understood and agreed that IntelliSports shall not be responsible for the negligence, acts or omissions of the Client Group in relation to this Agreement (or to any Person for whom they are in law responsible).
    3. The Client acknowledges and agrees that IntelliSports Group shall not be responsible for any accidental or intentional interception of, or tampering with data or other breaches by others, nor does IntelliSports Group guarantee the safe storage or the length of time of storage of any data in any form.
  3. - CONFIDENTIAL INFORMATION
    1. By virtue of the Agreement, Client may have access to technical, scientific, commercial and financial data and information, proprietary information or other information considered as confidential and treated as such by IntelliSports. All information directly or indirectly obtained by the Client from IntelliSports in the context of the Agreement shall be considered and treated as confidential information, shall only be disclosed to Client’s employees on a “need-to-know” basis and shall not be divulged to any third party by the Client or its employees without the prior written consent of IntelliSports. Such information shall be destroyed or returned to IntelliSports upon request; despite the foregoing should the Client be required to retain one copy of that information for compliance purposes, then such copy shall remain subject to the provisions of this Article 9.
    2. The obligations of confidentiality hereunder shall not apply to any particular part of the confidential information if the Client can establish:
      • it is generally available to the public or subsequently enters the public domain through no fault of the Client (or employees);
      1. it was received by the Client without obligation of confidence from a third party who the Client had no reason to believe was not lawfully in possession of such information free of any obligation of confidence;
      2. it was developed and applied by the Client using only its own knowledge and resources or using the knowledge and resources of a third party not connected with or under an obligation of confidentiality in relation to confidential information of IntelliSports; or
      3. it is required to disclose this information by law

all as attested by proper written evidence.

    1. These obligaitons of confidentiality shall remain in full force and effect for the term of this Agreement and for a 10-year period following its termination or expiration.
  2. – TERMINATION

Should a Party breach a material term of the Agreement and fail to correct such breach within thirty (30) days following written notice, the other party may terminate the Agreement. Client understands that if it is in default under the Agreement, it may not use the Hardware, the Klutch System or any other material delivered. Despite the end of the Agreement, all provisions which by their nature should survive such termination or expiry (such as those relating to limitation of liability, infringement, indemnity and confidentiality) shall remain in full force and effect.

  1. – GENERAL
    1. The addresses for notices for the Client and IntelliSports are those set out on the Quotation, or such other address subsequently specified in writing. Any notice that may be or is required to be given pursuant to this Agreement shall be in writing and shall be delivered by mail or email.
    2. This Agreement entered into by the Parties pursuant hereto, constitutes with the Privacy Policy and the Terms of Use the entire agreement of the Parties concerning its subject matter and no other representation, warranties or agreements, either oral or written, shall be binding upon IntelliSports or the Client. This Agreement supersedes and invalidates all prior agreements, understandings, negotiations, representations and warranties, whether oral or written, with respect thereto.
    3. No amendment to this Agreement made hereunder shall be effective or binding upon the Parties unless it is set forth in writing and duly executed by each of the Parties.
    4. If any of the provisions of this Agreement are determined to be invalid, illegal or unenforceable in any respect, this provision shall be deemed to be severable from the rest of the other provisions, and the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
    5. The Client may not assign any of its rights or obligations hereunder without the written consent of IntelliSports.
    6. This Agreement is binding on the Client and IntelliSports and their respective successors and as applicable permitted assignees.
    7. The failure or delay by a Party in enforcing, or insisting upon strict performance of, any provision of this Agreement does not constitute a waiver of such provision or in any way affect the enforceability of this Agreement (or any of its provisions) or deprive a Party of the right, at any time or from time to time, to enforce or insist upon strict performance of that provision or any other provision of this Agreement. Any waiver by a Party of any provision of this Agreement is effective only if in writing and signed by a duly authorized representative of such Party. The waiver of any breach shall not be deemed to be a waiver of any future breach, even similar in nature, or to affect the validity of this Agreement.
    8. This Agreement and any related documentation shall be interpreted, construed and enforced in accordance with the laws in force in the Province of Québec, excluding any conflicts of law principles and other private international law rules, and the principles of the U.N Convention on Contracts for the International sale of Goods that could lead to the application of another jurisdiction's laws. Any legal proceedings that may be taken by the Parties in respect of this Agreement or any related such documentation, shall be taken before the courts of Québec, judicial district of Montreal, and each of the Parties specifically agrees to the jurisdiction thereof.
    9. The Parties declare that they have required that this Agreement and any documents relating thereto be drawn up in English. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférents soient rédigés en anglais.



Terms & Conditions for App Users

Terms & conditions of USE These Terms & Conditions (“Terms & Conditions”) apply to the subscription services (the “Subscription Services”) and other e-services and information (the “Services”) rendered available at www.klutchcurling.com (the “Website”) and the Intellisports/Klutch application (the “App”) offered by IntelliSports Inc. (“IntelliSports”). By placing an order for Subscription Services with IntelliSports or otherwise by using any of IntelliSports’ Services, you agree to be bound by these Terms & Conditions and all applicable laws. If you do not agree to be bound by these Terms & Conditions, please do not access or use such Services or subscribe to our Subscription Services. You should review these Terms & Conditions regularly as IntelliSports may change them from time to time. Should you disagree with these Terms & Conditions or object to any changes made, you should refrain from or stop using the Subscription Services. By continuing to use the Subscription Services and other Services, you are deemed to adhere to the provisions of the Terms & Conditions actually in force or thereafter as amended. You can tell if these Terms & Conditions have changed by looking at the effective date appearing at the end of that document. Legal Age By placing an order for the Subscription Services with IntelliSports or otherwise using the Subscription Services, you represent that you have the legal age in your jurisdiction to subscribe to the Subscription Services. If you do not have the legal age in your jurisdiction, your parent or guardian must give you permission to use the Subscription Services, and to place orders. IntelliSports reserves its rights to request evidence of such permission at any time and to cancel your account or block your access to the Website or the App should you fail to provide evidence of such permission when requested to do so. Information Accuracy When placing an order for the Subscription Services, you agree to provide only true and accurate information about your identity and payment details, failing which IntelliSports reserves its right to refuse to fulfill your order. Subscription Services General information IntelliSports grants you a non-exclusive, personal, non-transferable, revocable, and limited license to access and use the Subscription Services you subscribed to in the manner set forth herein, subject to your full compliance at all times with the provisions set forth in these Terms & Conditions and the Privacy Policy https://www.klutchcurling.ca/privacy-policy. The Subscription Services allow you to connect your Apple or Android smartphone to an IntelliSports connected object. The Subscription Services may allow the measurement of various parameters such as: time, speed, acceleration, position, rotation, and/or covered distance of the IntelliSports connected devices. The Subscription Services are only meant to be used with official IntelliSports devices, and such devices (namely the microchips affixed on the curling rocks) are required to use the Subscription Services. Consequently, prior to subscribing to the Subscription Services, you should ensure that either your curling club(s) or yourself ordered these devices from IntelliSports. Generally speaking, curling clubs are entitled to affix IntelliSports logo in their curling rink from the moment they purchase IntelliSports’ devices and as long as they put such devices at the disposal of their members. However, you should contact your curling clubs to confirm that information or contact IntelliSports should you want to purchase and install these devices on your own rocks. Type of subscriptions Subscription Services are normally subscribed for a period of one (1) year, which period will automatically renew for an undetermined period, unless you cancel your Subscription Services through your IntelliSports profile before the end of the initial term. You may however cancel the Subscription Services at any time as provided for below: For annual subscriptions, a notice of renewal will be sent to you 30 days before the end of the subscription period. If you do not cancel prior to the end of the subscription period, your payment to IntelliSports will be automatically processed in accordance with applicable law and as agreed upon for the initial subscription unless you require otherwise; As applicable, the Subscription Services can be paid for directly to IntelliSports, either through the Website or through the App, by paying an annual subscription fee. Applicable fees The Subscription Services are provided to you on a royalty-free basis with respect to the basic Subscription Services (the “Basic Subscription Services”). However, if you decide to upgrade your experience and purchase IntelliSports’ paid Services (the “Paid Subscription Services”), you agree to pay IntelliSports the applicable fees. Failure to pay these fees may result in the termination of your subscription and of the provision of such Paid Subscription Services. In addition to the foregoing, you understand that even with respect to the Basic Subscription Services, your carrier’s normal rates and fees for the use of your electronic device – such as data charges – will apply. Finally, with respect to the Paid Subscription Services, the following terms will apply: Payment of your order can be made by credit card. Your credit card is debited immediately after the order is placed. The pricing of the Paid Subscription Services is detailed on the website and in the App. Prices shown are exclusive of any taxes; applicable sales taxes will be added to the price at checkout and your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates charged by your banking institution); You must pay IntelliSports for applicable fees and taxes for the term of your subscription; Unless you cancel your account or any of the requested Services, you will be deemed to have agreed to remain a subscriber of the Paid Subscription Services. Accordingly, should your credit card expire or any payment not be executed, IntelliSports will keep providing you with the requested Services and will invoice you for any such arrears; The fees for the Paid Subscription Services may be changed prospectively at IntelliSports’ discretion and in accordance with applicable law; in case the price of the Subscription Services changes, you will be notified beforehand and will have the right to discontinue your Subscription Services. Cancellation You can cancel your subscription to any Subscription Services at any time by notifying IntelliSports as provided for below. The cancellation will take effect on the sending of the notice or at the date specified in the notice. As applicable, IntelliSports will charge you the price for any Unpaid Subscription Services No Subscription Services already paid by you will be refunded upon cancellation. IntelliSports reserves the right to terminate your Subscription Services should you fail to comply with any of these Terms & Conditions, use the Website or App for illicit purposes, if your account is inactive for a long period of time and are not paying or you have outstanding charges in respect of use of the Website or the App. Orders Before completing an order for the Subscription Services on our Website or App you will be shown an order confirmation page describing the Subscription Services, the price, and any applicable taxes. You will have the opportunity to modify or cancel your order before placing it. You must accept these Terms & Conditions in order to place your order. Your order is only confirmed when you receive an order confirmation by email from IntelliSports. Access to the Subscription Services The Subscription Services can be accessed through the App, which is available for download on Google Play for Android devices and on the App Store for Apple devices or via the Website. A working internet connection is necessary to access the Subscription Services. It is your responsibility to ensure that you have all the required system specifications necessary to access the Subscription Services. IntelliSports shall not be held liable where the Subscription Services are interrupted or disrupted due to a failure of your internet connection or a failure for which your internet provider is responsible. The Subscription Services may be ordered by users residing in Canada and the United States of America. The Website and the App are not intended for use outside of these jurisdictions. The fact that the Website and App are available elsewhere shall not constitute a representation or covenant that it will be relevant or available in such location. Whoever chooses to access Website or App in a jurisdiction other than where the Services are offered does it at his/her own initiative and at his/her own risk, and understands that such access may be contrary to the laws applicable to any foreign jurisdiction. Account In order to subscribe to the Subscription Services, you must create a user account with IntelliSports respecting which you will be assigned a username and a password. You agree that you shall not misrepresent yourself or provide any false information in relation to your identity when registering or using the Website or the App. You acknowledge that you will update your account information should it become inaccurate by accessing your account through our Website or through the App. Through your account, you can also access your profile information, your payment information and your performance statistics. You are responsible for maintaining the confidentiality of your account, including your password. You are also responsible for all account activity conducted with your username and password. You can close your account yourself by logging into your account and selecting the proper option or by contacting us as provided for below. Content You Submit You are responsible for all content you upload or otherwise make available through the Website or the App. You agree to provide only accurate information and to modify any information that is inaccurate or becomes inaccurate about yourself or the contents you have uploaded or made available. As such, you agree that you shall not misrepresent yourself in any way whatsoever or provide false information about yourself when using the Website or the App. You agree that you shall only submit legal and reliable content to the Website or the App. You may not upload or otherwise make available through the site any content that (i) is illegal, including but not limited to any confidential, defamatory, obscene, injurious and hateful content, (ii) infringes on intellectual property rights or (iii) constitutes spam or any other form of commercial solicitation, including hyperlinks to third-party websites. Finally, you agree and confirm that all messages, questions, comments, suggestions or other materials (your "Suggestions") that you may provide to us from time to time are not confidential or subject to third party intellectual property rights. By providing these Suggestions, you grant irrevocably and without limitation, all rights, title and interest in any form of intellectual property you may have in connection with these Suggestions, and you irrevocably waive all moral rights that you may have, as the case may be, on such intellectual property. Likewise, by using the services you grant Intellisports royalty free worldwide irrevocable license to use all sports data collected using the app (other than personal data which are governed by the privacy policy). For more clarity, the data will not be used in a manner that could identify you. IntelliSports has the right to modify and delete any content you upload or publish on the Website or the App. IntelliSports cannot be held liable for user generated content. Intellectual Property All contents available on the Website, App and Services by IntelliSports or its designees are the property of IntelliSports. IntelliSports reserves the right to modify, suspend or remove permanently any content of the Website or the App without prior notice. The Website and the App, as well as the Services and their respective content are protected by copyright and other Canadian intellectual property laws and other foreign laws and international treaties. As such, you understand that access to the Website, App and Services (and their respective contents) and the right to use the Services do not grant you any right, title or interest in any form of the intellectual property that remains the exclusive property of IntelliSports or its affiliates or partners other than: to consult, copy and print, in whole or in part, the content of the Website or the App and/or the right to use the Services for the authorized purposes and your informational purposes or other internal and non-commercial use, provided this is done in accordance with applicable laws and these Terms & Conditions, including your undertaking not to: (i) use it for commercial purposes unless otherwise expressly authorized, (ii) to sell, distribute, issue, adapt, translate, modify, publish, share, transmit, make available or communicate in whole or in part, in any form whatsoever, the data, presentation or layout of the Website, App or Services or any other content, (iii) not to render the Services available via or on a network or to multiple users, or to use multiple devices to access the Services unless such devices are used one at a time and belong to you (iv) decompile, use reverse engineering processes or similar processes, attempt to access any account (or Website or App or Services) by automated means or create derivative works, (v) remove, obscure or exclude trademarks, notices, indications and symbols or other notices of copyright or other forms of intellectual property that appear on the Website, App or Services, (vi) enter data on the Website or on the App or via the Services that modifies or is likely to alter their content or appearance of the data, presentation or layout by any process whatsoever; to create hyperlinks to the pages of the Website or the App, provided that such links do not represent the Services or IntelliSports in a false or misleading manner, or in contravention of the provisions hereof, or in a manner that discredit such Services or IntelliSports, or which would be prejudicial to its reputation or other IntelliSports’ rights. Subject to the foregoing, you understand that no right, title or interest is granted to you in connection with any form of intellectual property owned by IntelliSports. Furthermore, you may not Use as a trademark any trademark, trade name or logo, whether registered or not, which appears on the Website and/or the App for any purpose without IntelliSports’ authorization. Use third-party trademarks, trade names and logos which might be visible on the Website and/or the App; use of these trademarks, trade names and logos is subject to the authorization of the relevant third-party trademark holder. IntelliSports does not grant you any license to use any of the proprietary contents of the Website, the App and Services, including but not limited to copyrighted materials and trademarks, except to the extent necessary to access and make personal use of the Website, the App. or the Services. Privacy IntelliSports collects personal information and other information about or from you: (i) in the course of providing its Services; and (ii) when you navigate on the Website, use the App or otherwise contact IntelliSports to enquire (or make comments) about the Services. In all cases, IntelliSports uses security measures to protect the security and privacy of such personal information. IntelliSports further implements various measures regarding the storage of your personal information, your right of access and of rectification of your personal information and various other aspects as more fully detailed in its Privacy Policy https://www.klutchcurling.ca/privacy-policy. By using this Website, the App and/or the Services, you agree with our Privacy Policy. The terms of this Privacy Policy are hereby incorporated to these Terms & Conditions by reference. Liability You are responsible for the use you make of the Services through your account, the Website and the App and those made by those for whom you are in law responsible. You further guarantee the veracity and accuracy of the information provided. Any use of the Website, App or Services found to be fraudulent or which contravenes to these Terms & Conditions may result in IntelliSports' refusal at any time to provide access to the Services, Website or App even if as applicable the order was confirmed, without prejudice to any other remedy that IntelliSports may have. While IntelliSports makes reasonable efforts to ensure that the Services are of merchantable and appropriate quality, and fit for the purposes for which services of that nature are ordinarily used: (i) any electronic support – as well as any other mode of communication/type of services – is never infallible or fully sheltered against unforeseen events (or other force majeure) or cyber attacks (and other illegal acts); (ii) the technologies used – just like any other products and services described herein – were not created to meet the specific needs of any person; and (iii) the Website, App and Services are not fully exept from failures, misreadings, errors or imprecisions, and may contain technical or other inaccuracies or typographical errors even if IntelliSports puts in place measures reasonably required to ensure that any content available is accurate and up-to-date. As such and subject to the foregoing and applicable law, IntelliSports emphasizes that the Website, App and Services are made available "as is" and "as available" and disclaims any representations and warranties, expressed or implied, oral or written including, without limitation, those pertaining to the Website, App and Services: relevancy, performance and applicability for any particular purpose, uninterrupted use, non-infringement, that the foregoing will be accessible without lack of negative effects on your system and that the information will be readily available, complete and up-to-date. Electronic Communications IntelliSports will contact you with product information and promotional offers about its Subscription Services through email, messaging on the Website, messaging on the App or otherwise. You can decline to receive further electronic communications from us at any time by choosing the relevant options in your user profile or by emailing us at: info@klutchcurling.io If you choose to opt out of receiving promotional offers sent to you by email, IntelliSports reserves the right to prevent you to use the Basic Subscription Services. The reason for this is that such commercial electronic emails help making it possible for IntelliSports to inform users of the additional features and advantages of subscribing to the paying services and to secure some source of revenues to continue providing its Basic Subscription Services for free. As such, all users will receive the same commercial electronic emails as IntelliSports is not providing users with interest-based adverts, unless any users opts-out from receiving such emails. Should a user of the Basic Subscription Services withdraw his/her consent from receiving such emails, then IntelliSports may suspend or revoke the ability of such user to use its services since advertising plays an essential role in IntelliSports’ business; conversely should a user of Paid Subscription Services withdraws his/her consent, then this user shall be entitled to continue using such Subscription Services provided that all payments due are made. Other Websites While our Website and/or App may include hyperlinks to other websites or online content, you should be aware that these sites operate independently, and are subject to distinct privacy policies and terms & conditions. Likewise, should the Services be available on other websites, then such websites shall not be seen as affiliated or otherwise related to the Services, Website or App. In both cases, it is strongly recommended that you review these terms and policies, as IntelliSports is not responsible for the content or practices of any such websites. We may not be held liable for the contents available on these Other Websites. You browse these other websites at your own risk. Your Legal Rights Nothing in these Terms & Conditions, including any limitation of liability, shall be construed as a limitation of your legal rights applicable in your jurisdiction. Contact Information For any questions respecting these Terms & Conditions, the Services (including the Subscription Services) or the in-App purchases) and any other product, please contact our customer relations team at info@klutchcurling.io. If you have any trouble with your IntelliSports Subscription Services and other services or devices, please contact us through the App in the “Chat Now” section of your account. You may also email us at: info@klutchcurling.io You understand that these Terms & COnditions are also available in French and you hereby confirm you express consent to use this English version and be bound by its Terms. Vous comprenez que ces Termes et conditions sont aussi disponibles en français et confirmez votre intention expresse d’utiliser la version anglaise et d’être lié par ses termes. ​ November 1, 2017 ​



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