Terms & Conditions
BY USING THIS
WEBSITE YOU AGREE TO ABIDE BY THE TERMS SET OUT BELOW. PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS.
1. Copyright and Trade Marks
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under Canadian and other
copyright laws, and is the property of Avanti Sports Group Inc., (hereinafter
referred to as AVANTI). The collective work includes works that are licensed to
AVANTI Copyright 2007, ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with AVANTI or purchasing AVANTI products. You may
display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from
the different areas of the site solely for your own non-commercial use, or to
place an order with AVANTI or to purchase AVANTI products. Any other use,
including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by AVANTI.
All
trademarks, service marks and trade names of AVANTI and SOCCERRUGBY.COM used in
the site are trademarks or registered trademarks of AVANTI.
2. Information
AVANTI does not represent or warrant that the information on this website will
be accurate, reliable, complete or current. AVANTI advises you to verify the
accuracy of any information on the website before relying on it.
3. Terms and Conditions of Purchase
If you wish to purchase products and/or services that we offer on our website,
you must agree to our terms and conditions of purchase.
4. Links
This website may contain links to other websites. AVANTI accepts no
responsibility or liability in respect of the operation or content of other
websites linked to this website.
5. Modification
AVANTI may at any time modify these terms and conditions and will post the new
version on the website. Your continued use of the website constitutes your
agreement to these modified terms and conditions.
6. Typographical Errors
In the event
that a AVANTI product is mistakenly listed at an incorrect price, AVANTI reserves
the right to refuse or cancel any orders placed for product listed at the
incorrect price. AVANTI reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
cancelled, AVANTI shall issue a credit to your credit card account in the
amount of the incorrect price.
7. Governing Law
These terms and conditions and your use of the website are governed by Canadian
law and you submit to the exclusive jurisdiction of the Canadian provincial or
federal courts.
You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the
purchase of AVANTI products) shall be in the provincial or federal courts
located in Toronto, Ontario. Any cause of action or claim you
may have with respect to the site (including but not limited to the purchase of
AVANTI products) must be commenced within one (1) year after the claim or cause
of action arises. AVANTI failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any of these terms and
conditions. may assign its rights and
duties under this Agreement to any party at any time without notice to you.
TERMS AND CONDITIONS OF PURCHASE
1. Terms and Conditions
You agree that these terms and conditions apply to your purchase of all
products and services that we offer on our website.
In addition to these terms and conditions, you also agree that any terms and
conditions AVANTI is obliged to impose by licensors of products it offers on
our website will apply to your use of those products. These terms and
conditions prevail over such licensors' terms and conditions in the event of
conflict or inconsistency.
2. Contract
A binding contract for the sale and purchase of goods and/or services between
you and AVANTI will only come into effect when AVANTI has received full and
final payment from you. AVANTI is not obliged to accept any order/ purchase
request you submit.
3. Warranty
AVANTI warrants that:
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THAT THE PRODUCTS
AND/OR SERVICES YOU PURCHASE ARE SUITABLE AND ADEQUATE FOR YOUR REQUIREMENTS
AND AVANTI SHALL NOT HAVE ANY
LIABILITY TO YOU (WHETHER IN CONTRACT,TORT (INCLUDING NEGLIGENCE) OR OTHERWISE)
IF THESE PRODUCTS AND/OR SERVICES ARE NOT SUITABLE OR ADEQUATE FOR YOUR
REQUIREMENTS.
4. Liability
AVANTI makes no guarantee of any kind regarding the operation of this website.
AVANTI its
affiliates and related companies, and its directors, officers, employers,
consultants and agents do not make any representations or warranties of any
kind, express or implied, regarding this website. This website is provided on
an "as is" and "as available" basis.
AVANTI does
not warrant the accuracy, completeness, currency, reliability or suitability of
the operation of this website, or any of the content or data found on this
website, and expressly disclaim all warranties and conditions, including
implied warranties and conditions of merchantability, fitness for a particular
purpose, title and non-infringement, and those arising by statute or otherwise
in law or from a course of dealing or usage of trade.
AVANTI and its
third party partners and suppliers on this website (collectively the Third
Parties), their affiliates and related companies, and their respective directors,
officers, employees, consultants, representatives and agents are not
responsible for late, lost, incomplete, illegible, misdirected or stolen
messages or mail, unavailable network connections, failed, incomplete, garbled
or delayed computer transmissions, on-line failures, hardware, software or
other technical malfunctions or disturbances or any other communications
failures or circumstances affecting, disrupting or corrupting communications.
AVANTI and the
Third Parties, their affiliates and related companies, and their respective
directors, officers, employees, consultants, representatives and agents assume
no responsibility, and shall not be liable for, any damages to, or viruses that
may infect your computer equipment or other property on account of your access
to, use of, or browsing on our website or your downloading of any materials,
data, text, images, video or audio from our website or the transmission of
confidential or sensitive information over the Internet. In no event shall AVANTI
or any of the Third Parties, their affiliates and related companies, their
respective directors, officers, employees, consultants, representatives and
agents be liable for any injury, loss, claim, damage, or any special,
exemplary, punitive, direct, indirect, incidental or consequential damages of
any kind (including, but not limited to lost profits or lost savings), whether
based in contract, tort, strict liability, or otherwise, which arises out of or
is in any way connected with any use of this website or content found herein,
any failure or delay (including, but not limited to the use of or inability to
use any component of this website for purchases), or the performance or
non-performance by AVANTI or any of the Third Parties, even if such party has
been advised of the possibility of damages by such parties or any other party.
Notwithstanding
the foregoing, any products you purchase through our website shall be subject
to all terms and conditions relating to such purchase, including, without
limitation, all terms and conditions posted on our website and all terms and
conditions delivered to you (in any form or manner) in connection with such
purchased products.
Sports can be
fun and fulfilling, but can also be dangerous. Please enjoy your chosen
activity responsibly, get the right training, make sure you are in good
physical condition, and are correctly equipped. Some or all of the activities
for which we sell equipment, apparel and footwear can pose a significant risk
to your well-being. AVANTI does not assume any responsibility for actions
resulting from or associated in any way with the purchase of any products
through our website. By using our website, and through your purchase, you
acknowledge and attest that you understand these risks, and you take full responsibility
for your own actions. You acknowledge that you release AVANTI from and against
any loss, cost, liability or damage (including reasonable attorney's fees and
costs) resulting from any claim, suit or proceeding (threatened or otherwise)
made or brought or which may be made or brought against us based upon any use
or purchase of products or services provided by this website.
5. Indemnification
In addition
and to the maximum extent permitted by applicable law, you shall indemnify and
save harmless AVANTI and the Third Parties, their affiliates and related
companies and their respective officers, directors, employees, consultants,
representatives and agents from and against any claim, cause of action or
demand, including without limitation reasonable legal, accounting and other
professional fees, brought as a result of your use of this website, the
placement or transmission of any information or other materials on this website
made by you or others using your computer. AVANTI reserves the right, in its
sole discretion and at its own expense, to assume the exclusive defence and
control of any matter otherwise subject to indemnification by you. You will
cooperate as fully as reasonably required in the defense of any claim.
By using our website
and/or placing orders through our website you are stating and acknowledging
that you have read the aforementioned policies and that you understand such
policies and agree to be bound by them.