Terms of Service

Last Updated: October 15, 2024 GIVE AND GO Sports Education

1. Introduction

Welcome to GIVE AND GO Sports Education (“we”, “us”, or “our”). By purchasing access to our online documentary (the “Documentary”) via our website giveandgosports.ca(the “Site”), you (“you” or “your”) agree to the following terms and conditions (as amended from time to time, the “Terms of Service”). These Terms of Service are entered into between us and you, and govern your use of the Site and access and use of our online documentary (together with the Site, the “Services”). By using the Services or otherwise indicating your acceptance of these Terms of Service including by clicking “I Agree”, “I Accept”, or similar expression of acceptance, you expressly acknowledge and agree that you have read these Terms of Service, are irrevocably bound by these Terms of Service, and hereby irrevocably agree to the terms and conditions set forth herein. If you do not accept all the terms and conditions of these Terms of Service, you may not use the Services.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service, including the pricing of the Services, at any time. If we materially change any portion of these Terms of Service, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services’ user interface, in an email notification (if an email address is provided by you) or through other reasonable means. Material Changes to these terms of services will be posted on our website (notice to users )Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Site (the “Additional Terms”) from time to time, including, without limitation, the privacy policy located at (the “Privacy Policy”). All such terms are hereby incorporated by reference into these Terms of Service.

2. Purchase and Access

Access to Documentary: Upon completing your purchase, subject to and conditioned upon your compliance with these Terms of Service, we hereby grant to you, for the duration of your subscription selected:

(a) a non-exclusive, non-transferable, non-sublicenseable right to access and use the Services solely (i) in accordance with the terms and conditions herein, (ii) in accordance with the terms of your subscription, and (iii) for the purpose of streaming the Documentary for your personal, internal, non-commercial purposes; and

(b) a non-exclusive, non-transferable, non-sublicenseable licence to use the Documentary solely (i) in accordance with the terms and conditions herein, (ii) in accordance with the terms of your subscription, and (iii) for the purpose of streaming the Documentary for your personal, internal, non-commercial purposes.
The Services and/or Documentary may contain or be accompanied by digital rights management technology or similar security technology designed to protect digital information against piracy and other misuse. Neither the Services nor Documentary may be forwarded to and/or shared with others. You must not circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any of the security technology contained in or accompanying the Services and/or Documentary.
We reserve the right, in its sole discretion, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) or the Documentary with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or the Documentary.
You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (d) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Documentary or Our Property (as defined below) in whole or in part, (e) delete or alter any material posted on the Site, including the Documentary, (f) frame or link to any of the materials or information available on the Site, or (g) engage in data mining or scraping or use robots, spiders, scripts, services, software or any manual or automatic device, tool, or process designed to data mine or scrape Our Property, the Documentary, data or information from the Site, or otherwise access or collect Our Property, the Documentary, data or information from the Site using automated means. Any use of the Services, the Documentary, or Our Property other than as specifically authorized herein is strictly prohibited.

3. Pricing and Payment

Pricing: All prices are listed in Canadian Dollars (CAD) and are subject to change without notice. Prices are exclusive of applicable taxes, HST is excluded. Prices at the time of checkout are final. In the event you receive access to the Services and/or Documentary without completing payment in full, or if your payment is declined or a chargeback is initiated, you agree to pay any amounts outstanding.
Payment Methods: We accept payments via VISA, MasterCard, Maestro, Discover, Interac, AMEX, DINERS Club, Union Pay.

4. Payment Security

Stripe Security: We use Stripe, a secure and trusted third-party payment processor, to handle all transactions. Stripe is certified to PCI Service Provider Level 1, the most stringent level of certification available in the payments industry. This ensures that your payment information is handled securely and in compliance with global standards.
Data Encryption: All payment information is encrypted using SSL (Secure Socket Layer) technology during transmission to ensure your personal and payment details are protected. ‍

5. Access and Viewing

Streaming Access: Your purchase provides you with streaming access to the Documentary for rental or purchase. See Section #2 above
Technical Requirements: Viewing the Documentary requires an internet connection and a compatible device. We are not responsible for technical issues that may prevent you from viewing the Documentary or related content.

6. No Refunds and Cancellations

Refund Policy: Due to the nature of digital content, all sales are final, and we do not offer refunds or cancellations once access has been granted. For greater certainty, and without limiting the generality of the foregoing, in the event you wish to discontinue your use of the Services prior to the end of your subscription, no pro-rated refunds will be provided.
Technical Issues: If you experience technical issues that prevent you from accessing the Documentary, please contact us and we will work to resolve the issue or offer alternative access.

7. Intellectual Property Rights

All right, title, and interest in and to the Our Property (as defined below), including all intellectual property rights therein, are and will remain with us. You acknowledge and agree that you have no right, license, or authorization with respect to any of the Our Property, except as expressly set forth in Section 2. All other rights in and to the Our Property are expressly reserved by us. “Our Property” means (a) the Services (including the Site); (b) the software and systems used to provide the Services; (c) the Documentary and all related content; (d) any documentation, manuals, handbooks, instructions, or other documents relating to the Services; (e) any intellectual property owned or licensed by us; and (f) with respect to all of the foregoing, all enhancements, modifications and improvements thereto.
The Services may include content or materials of third parties (collectively, “Third-Party Materials”) that is licensed by us. You agree to at all times, comply with the applicable third party license terms and conditions with respect to any such Third-Party Materials.
You hereby authorize us and our third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose in accordance with Applicable Law (as defined below) and our Privacy Policy. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to us an assignment of all right, title, and interest in and to the Usage Data, including all intellectual property rights relating thereto. GIVE AND GO Sport Education does collect user data in agreement with certain partners and supporters
Submissions. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Services (“Submissions”), provided by you are non confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

8. Mobile Devices

The Services include certain services that are available via a mobile device, including the ability to browse the Services and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Services and/or Documentary through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply, which you will solely be responsible for. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

9. Privacy Policy

Data Collection: We collect and process your personal information in accordance with our Privacy Policy. This includes information necessary to process your payment and grant access to the Services and Documentary.
Data Protection: We are committed to protecting your personal information and use secure methods to process transactions and store data.

10. Compliance with Applicable Law

You agree that you will comply with all Applicable Laws (as defined below) in connection with the Services, including your use thereof. “Applicable Law” means any applicable domestic or foreign law, rule, regulation, order, or other action, decree, requirement, or binding guideline which governs or regulates any person or entity, property, transaction, activity, event or other matter. Without limiting the generality of the foregoing, you represent and warrant that (a) all personal information or personal data, as defined in applicable privacy laws (“Personal Information”), provided or made available to us is and will be provided in compliance with Applicable Law; and (b) you will provide appropriate notices and obtain all required consents or fall within appropriate exemptions under application privacy laws with respect to any Personal Information provided or made available to us by you. Any Personal Information provided to us is subject to our Privacy Policy.

11. Termination

You agree that we, in our sole discretion, may suspend or terminate your use of the Services (including access to the Documentary) if we believe that you have violated these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for suspension or termination of your use of Services may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to and use of the Services under any provision of these Terms of Service may be effected without prior notice (except where otherwise provided or required by Applicable Law). Further, you agree that we will not be liable to you or any third party for any suspension or termination of your access to the Services in accordance with this Section.

11. Disclaimer of Warranties

Your use of the Services is at your and their sole risk. The Services are provided on an “as is” and “as available” basis. We expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, to the fullest extent permitted by Applicable Law.
We make no warranty that (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, and (c) the quality of any services, information, or other material obtained by you through the Services will meet your expectations.
The application of the United Nations Convention on Contracts for the International Sale of Goods and any local implementing legislation related to the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms of Service.

12. Limitation of Liability

In no event will our aggregate liability to you and any third party (including, without limitation, for all losses, damages, expenses (including reasonable legal fees and expenses), rights, claims, and actions of any kind whatsoever) exceed the total fees paid by you to us pursuant to these Terms of Service in the 12 month period preceding the event giving rise to the claim.
You expressly understand and agree that we will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, including those resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of your transmissions or data; and (c) the Documentary and related content.
If you are dissatisfied with any portion of the Services or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Services.

13. Indemnity and Release

You agree to indemnify, hold harmless and defend us and our affiliates and their respective directors, officers, employees, representatives and agents (collectively, “Indemnitees”) from any from any and all losses, damages, expenses (including reasonable legal fees and expenses), rights, claims, and actions of any kind whatsoever incurred or suffered by the Indemnitees arising (directly or indirectly) out of or relating to your use of the Services, your misappropriation or infringement of the Documentary or Our Property, your violation of these Terms of Service, your violation of Applicable Law, or your violation of any rights of any third party (including intellectual property rights). We reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter. You will not, in any event, settle any claim or matter without our prior written consent.
To the extent permitted by Applicable Law, you agree to release and discharge us and our respective directors, officers, employees, counsel, agents, representatives, successors and assigns, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to your use of the Services in excess of the limitations of liability set out in Section 12.

14. Dispute Resolution

In the event of any controversy, claim or dispute arising out of, relating to, or in respect of these Terms of Service, or the breach thereof (each, a “Dispute”), the parties hereto shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach

a satisfactory solution. If the parties do not reach settlement within a period of 10 days, then, except where prohibited by Applicable Law, any Dispute, upon notice by any party to the other, shall be settled by arbitration in accordance with the Canadian Expedited Procedures of the International Centre for Dispute Resolution Canada (“ICDR Canada”). The language of the arbitration shall be English. The number of arbitrators shall be one. The arbitration may be conducted in writing, with no oral hearing. Within 10 days after the commencement of arbitration, the parties shall agree on the appointment of an arbitrator. If an arbitrator is not selected within this time period, ICDR Canada shall, at the written request of any party, appoint the arbitrator in accordance with its Canadian Expedited Procedures. Except as may be required by Applicable Law, neither a party nor its representatives may disclose the existence, content, or results of any Dispute or arbitration hereunder without the prior written consent of both parties, except to its legal counsel, professional advisors, directors, officers and employees.

15. Non-Disparagement

You agree that you will not disparage us or speak or act in a manner that is intended to disparage or damage our goodwill or business, including but not limited to the business or personal reputations of any of our current or former officers, directors, agents, or employees.

16. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario, Canada. Subject to the dispute resolution provisions set out in Section 14, any disputes arising under or in connection with this policy will be subject to the exclusive jurisdiction of the courts located in Ontario.

17. Entire Agreement

These Terms of Service constitute the entire agreement between you and us and govern your access to and use of the Services, including the Documentary, superseding any prior agreements between you and us with respect to the Services and/or Documentary. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

18. Waiver

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us of any of the provisions hereof is effective unless explicitly set forth in writing by us. No waiver by us will operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.

19. Relationship of the Parties.

The parties are independent contractors. Nothing herein shall be construed to create a joint venture or partnership between the parties hereto or an employee/employer relationship. Neither party hereto has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

20. No Third Party Beneficiaries.

The parties do not confer any legal, equitable or other rights or remedies of any nature whatsoever under or by reason of these Terms of Service upon any person or entity other than the parties to these Terms of Service and their respective successors and permitted assigns.

21. Severability.

If any term or provision of these Terms of Service is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.

22. Assignment and Subcontracting.

You may not assign these Terms of Service (including any of your rights or obligations thereunder) without our prior written consent. We may assign or transfer these Terms of Service, including any of its rights or obligations thereunder, in whole or in part, without restriction, consent or notice. In addition, we may subcontract or delegate to other parties (including affiliates and third parties) its rights and obligations under these Terms of Service, including the performance of any or all of the Services.

23. Headings

The headings in these Terms of Service are inserted for convenience only and do not affect the interpretation of these Terms of Service.

Notices. Notices to you may be made via email. Notices to you may also be posted on the Site, including with respect to changes to these Terms of Service or other matters. Notices to us shall be provided via our contact page →

24. Force Majeure

We shall not be liable or responsible to you, or be deemed to have defaulted under or breached these Terms of Service, for any failure or delay in fulfilling or performing any term of these Terms of Service, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation the following force majeure events: (a) acts of God; (b) flood, tsunami, fire, earthquake, or explosion; (c) epidemics or pandemics, (d) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (e) government order, law, or actions; (f) embargoes or blockades; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns, or other industrial disturbances; (i) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, or inability or delay in obtaining supplies of adequate or suitable materials; (j) failure of any governmental or public authority to grant a necessary licence or consent; or (k) other similar events beyond our reasonable control.

24. Language

The parties have required that these Terms of Service and all documents and notices resulting from it be drawn up in English. Les parties aux présents ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent ou qui en découleront soit rédigés en la langue anglaise.

11. Contact Information

For any questions or concerns regarding these Terms of Service, please contact us →