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ActivScout Sport Remittance Inc.

ActivScout Terms and Conditions of Service

Last updated: February 7, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using either the http://www.activscout.com and the ActivScout mobile application for Squash Instruction (the “Service”) operated by ActivScout Sport Remittance Inc. (“us”, “we”, or “our”). By clicking on the button marked “I agree” you signify your assent to both these Terms and our Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service. Changes may be made to these Terms from time to time. Your continued use of the Site or Services will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Site or Services.

ActivScout provides instructional services through its internet site (the “Site”) and its mobile application called ‘ActivScout’, (the “App”). These Terms of Service (“Terms”) govern your access and use of the Site and all content (“Content”, as further defined below) and services available through the Site (“Services”). “You” means any adult user of the Site, or any parent or guardian of any minor whom you allow to use the Site and the Services, and for whom you will be held strictly responsible.

If you are a minor, you must obtain the permission of your parent or guardian prior to using the Site or Services. If you do not obtain such permission, do not use the Site or Services.

Key Terms

ActivScout provides an “online platform” that connects “Instructors” (coaches, assistants, or volunteers), qualified or unqualified, with their “Clients” (athletes, participants, parents, users). “Instructors”, are individuals who have the appropriate permission to utilize a given facility for the purpose of providing instruction. A “client” seeking to book instruction (collectively, the “Services“), which Services are accessible at www.activscout.com and any other websites through which ActivScout makes its Services available (collectively, the “Site“) and through applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “App“). A “Booking” means a limited engagement granted by the instructor to the client for the duration of the confirmed booking period. “Booking Request Period” means the time period starting from the time when a Booking is requested by a Client (as determined by ActivScout in its sole discretion), within which an Instructor may decide whether to confirm or reject that Booking request, as stated on the Site, App or Services. Different Booking Request Periods may apply in different places.
“Communication” means an email, message via the App, or text message. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Client” means a Member who requests from an Instructor a Booking via the Site, App or Services. “Instructor” means a Member who creates a list of instructional services offered via the Site, App and Services. “Member” means a person who completes the ActivScout account registration process, including but not limited to Instructor, Athlete, Parent and Administrator, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes on their Profile, as described below. “Member profile” or “Listing” refers to the content that has been created by a member that can be found on their personal profile page, their communications page or content that has been shared by the Member to other individuals.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), or goods and services taxes (GST), that Instructors may be required by law to collect and remit to governmental agencies, and other similar municipal, provincial, and federal or other withholding and personal or corporate income taxes.

Terms of Service

By using the Site, App or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and ActivScout. Please also read carefully our Privacy Policy at www.activscout/privacy.html. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, App, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties. The site, app and services comprise an online platform through which Instructors may create lists of services and clients may learn about and book services directly with the Instructors. You understand and agree that ActivScout is not a party to any agreements entered into between instructor and client, nor is ActivScout a broker, agent or insurer. ActivScout has no control over the conduct of Instructors, Clients, and other users of the site, app and services or any facility, and disclaims all liability in this regard to the Maximum extent permitted by law. If you choose to create an account on ActivScout, you understand and agree that your relationship with ActivScout is limited to being a member and an independent, third-party contractor, and not an employee, agent, joint venture or partner of ActivScout for any reason, and you act exclusively on your own behalf and for your own benefit and not on behalf of or for the benefit of ActivScout. ActivScout does not control, and has no right to control, your profile, your offline activities associated with your profile, or any other matters related to any profile or listing that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnered with, or acting on behalf of or for the benefit of ActivScout, including the inappropriate use of any ActivScout Intellectual Property. You acknowledge and agree that, by accessing or using the Site, App or Services or by downloading or posting any content from or on the site via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms and receive our services, (including, where applicable, Instructors Insurance), whether or not you have registered with the Site and App. If you do not agree to these terms, then you have no right to access or use the Site, App, Services or Collective Content. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

ActivScout reserves the right, at its sole discretion, to modify the Site, App or Servies or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification of the Site or via the App and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, App or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App, and Services. If you do not close your ActivScout Account you will be deemed to have accepted the changes.

Eligibility

Any person under the age of 18 mush have permission from a parent or guardian to access the Site, App, or Services. Anyone under the age of 18 without express consent to use the Site, App, or Service is prohibited from doing so. By accessing or using the Site, App, and Services you represent and warrant that you are either 18 or older, or have the permission of a parent or guardian. If we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user, by registering, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, so that we might bar you from further using the Site, App or Services. ActivScout cannot and does not control the content contained in any users profile and the conditions, legality or suitability of any communications. ActivScout is not responsible for and disclaims any and all liability related to any and all listings and accommodations. Accordingly, any bookings will be make or accepted at the member’s own risk

Account Registration

To become a member you must register directly via the Site or App. You might also be able to register with certain third-party social networking sites such as Facebook. By registering through a third-party social networking site you permit ActivScout to access additional information and to use that information to further populate your profile. You are also responsible for the accuracy or the information obtained through these third party social networking accounts.

Instructors Listing

As an instructor you will be listed according to a variety of parameters. The order of listings may reflect a variety of parameters and those parameters are at the sole discretion of ActivScout to prioritize. You understand and agree that once a client requests a booking of your services, you may not request the client to pay a higher price than stated in the booking request. You acknowledge and agree that you alone are responsible for any and all services that you have listed and the content that you post to your clients profile. ActivScout strongly recommends that all instructors maintain full liability coverage for all instructional and professional services. You agree that you alone are responsible for ensuring that any images used to define your services are truthful and represent you and your services without giving clients the impression that you are someone else and that you have the right to display all photographs used on your profile. You agree that ActivScout has the right to use all images, materials and content created by yourself of a third party on your behalf, and the uploading of such content constitutes consent for ActivScout to utilize your content for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Profile or otherwise, within further notice or compensation

Responsibility

Please note that ActivScout assumes no responsibility for the service provided by an instructor or their compliance with any agreements with or duties to their clients. ActivScout reserves the right, at any time and without any notice, to remove or disable access to any instructor and their services for any reason, including programing or instruction that ActivScout considers to be objectionable for any reason, in its sole discretion, or is deemed harmful to the Site, App, Services or to the community that has been built up around the ActivScout platform. ActivScout expects all parties who are networking within the ActivScout platform to be truthful in their descriptions and respectful to others taking part in the community.

Endorsements

ActivScout does not endorse any Instructor. Any verified imagery that we use depicting an instructor and/or their students is intended only to indicate a representation of a service that was conducted at the time a photograph was taken that matches our marketing needs. Although ActivScout may, for transparency or fraud prevention or detection purposes, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and process designed to help verify or check the identities or backgrounds of our Instructors and/or Profile information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Instructor purported identity or background. If we do request a consumer report, we’ll request and use it in compliance with applicable law. Any references in the Site, App, or Services to an Instructor being “verified” or “approved” for in Site, App or Service purchasing (or similar language) only indicates that the Instructor has completed a relevant verification or identification process, and does not represent anything else including an endorsement. Such information is simply provided for the users who wish to evaluate an instructor based on their own thoughts and needs. ActivScout suggests users look for other forms of confirmation for relevant topics, such as quality and provision of services, such as other user feedback. By using the Site, App or Services you agree to not hold ActivScout at fault for any omissions made regarding any particular Member User, (Athlete, Instructor, or other), which resulted in harm to you. We encourage open communication and research with any party that you wish to request services from.

Bookings and Financial Terms

Key Definitions

The “User Fees” are the full rate that is paid by the user for instruction through the ActivScout App. The User Fees are made up of “Service Fee” and “Instructional Fees”. The Instructional Fee is set by the Instructor and can include a few potential sub-expenses such as Court Fees, External Contractor Fees, Taxes and Credit Card Fees. “Court Fees” refer to fees that a guest or member of a club may be required to pay for the use of the court during instruction. “External Contractor Fees” are an expense charged by a select few clubs as a percent or flat fee from the instructor as compensation for allowing the instructor to utilize the facility. “Credit Card Fees” as collected through the app. “Instructors Revenue” is the revenue that is earned by the instructor. “Taxes” (i.e. GST) and also defined by the Instructor as a percentage of the total User Fees. The “Service Fee” is the percentage fee added on to the Instructional fee by ActivScout for using its services, which is calculated as a percentage of the applicable Instructor Fees. “Payment Method” the form of payment that you have elected to use from the offerings made available from ActivScout when a user pays for their services using a form of payment such as cash, cheque, credit card, Apple Pay, or PayPal. “

Financial Terms for the Coach

If you are an Instructor and a lesson request is sent to you via the Site, or App, you will be required to either confirm, reschedule, or reject the booking request within the “Booking Request Period” (Within 48 hours from the time of the original request). After that period of time the request will automatically expire. The “Preferred Response Time” is 12 hours from the time the request is made. Coaches who respond within 12 hours on a regular basis will be acknowledged within the Site, the App, and through the ActivScout Services. A booking request via the Site, App or Service will provide the instructor with access to the athletes entire profile for 48 hours until the booking is accepted or expires. If you are unable to confirm or decide to reject a booking request within the Booking Request Period any amounts collected by ActivScout (via ActivScout Payments) for the requested booking will be refunded to the applicable client. When you confirm a booking request by a client, ActivScout will send you a communication confirming such Booking and Services requested. ActivScout will collect the full User Fees from the Client at the time of the booking request or upon the clients confirmation of a booking made by an instructor. Each Instructor agrees that ActivScout may, in accordance with the cancelation policy selected by the Instructor and reflected in the relevant services, (i) permit the client to cancel the Booking and, (ii) refund (via ActivScout Payments) to the Client that portion of the User Fees specified in the applicable cancellation policy.

Booking and Financial terms for the Athlete

The Instructor, not ActivScout, is solely responsible for honouring and confirming a booking and making available any Court Bookings through the Site, App and Services. If you as an athlete choose to enter into a transaction with an Instructor, you understand and agree to accept any terms, conditions, rules and restrictions associated with the instructional session with your Instructor. You acknowledge and agree that you, and not the Instructor, will be responsible for performing the obligations of any such agreements, that ActivScout is not a party to such agreements, and that , with the exception of ActivScout Payments’ obligations pursuant to the Payments Terms, ActivScout (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements. As noted above, the Instructor is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled. If a Booking is cancelled (i.e. either not confirmed by the Instructor or declined by the Instructor), any amounts collected by ActivScout Payments will be refunded to such athlete, depending on the selections the athlete makes via the Site and App. You as an athlete client agree to pay the full User Fees for any Booking requested, and in most cases confirmed, in connection with your ActivScout Account. ActivScout Payments will collect the User Fees pursuant to the Payment Terms.

Service Fees and Other Fees

In consideration for the use of ActivScout’s online marketplace and platform, ActivScout charges Service Fees. AirBnB Payments collects these Service Fees pursuant to the Payment Terms and where applicable, may also collect Taxes such as GST, in respect of the Instructor Fees, are paid out to the instructor along with a record of outstanding taxes payable. The instructor is then fully responsible for submitting any taxes owing as described in the Payment Terms. Applicable full User Fees, as well as the percentage of payment associated with GST collected will be shown to athletes via the Site and App at checkout, prior to their submission of a Booking Request.

General Booking and Financial Terms

Cancellations and Refunds. As an athlete, if you wish to cancel a confirmed Booking made via the Site, App, and Services, either prior to or after arriving the designated time of the Instruction, the cancellation policy of the Instructor contained in the list of Services will aply to such cancellation. Our ability to refund the User Fees are dependent on the terms of the applicable cancellaton policy. Details regarding refunds and cancellation policies are available via the Site and App. The User Fees are non-refundable unless otherwise indicated in the cancellation policy selected by the Instructor. ActivScout Payments will initiate any refunds due pursuant to the Payment Terms. If the Instructor cancels a confirmed Booking made via the Site, App, and Services, (i) ActivScout Payments will refund the full User Fees for such a Booking to the applicable athlete pursuant to the Payment Terms and, (ii) If you as an Instructor cancel a confirmed Booking, you agree that ActivScout may apply penalties or consequences to you or your Listing, including (a) publishing an automated review on your Listing indicating that a Booking was cancelled, (b) keeping the calendar for your Instruction unavailable or blocked for the dates of the cancelled Booking, or (c) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel. If an Instructor cancelled a confirmed Booking and you as an athlete did not receive a Communication from ActivScout, please contact ActivScout. In certain circumstances, ActivScout may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, App and Services. This may be for reasons set forth in ActivScout’s Extenuating Circumstances Policy or for any other reason. ActivScout may also determine, in its sole discretion, to refund to the athlete part or all of the amounts charged to the Athlete in accordance with the Client Refund Policy or in connection with a cancellation under ActivScout’s Extenuating Circumstances Policy.

Services

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Service Liability

We take no responsibility for the content generated by our users, the behaviour of our users.

Links To Other Web Sites 

Our Service may contain links to third-party web sites or services that are not owned or controlled by ActivScout Sport Remittance Inc. ActivScout Sport Remittance Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ActivScout Sport Remittance Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Contact Us

If you have any questions about these Terms, please contact us. We can be reached at (604) 902-2978

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