Goalie Gigs Terms of Use

This Agreement is effective January 14, 2010

The SERVICE is named as the “Goalie Gigs” website. The materials on this website (the "site") are provided by “Sanyal Technology Solutions Inc.”, a Company Incorporated in Canada, as a service to its customers.

Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the Service and should not proceed to register. By using the Service after the Effective Date above you are agreeing to be bound by this Agreement, including all amendments made to date.

User Agreement

This Agreement constitutes your agreement with Sanyal Technology Solutions Inc. O/A Goalie Gigs ("Goalie Gigs") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. In this Agreement, the terms "we", "us" and “our” mean Goalie Gigs or any successor or assign of Goalie Gigs.

Right to Use

Your right to use the Service is subject to your acceptance without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, procedures, any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. The amended Terms shall be effective immediately after they are initially posted on the Site. User's continued use of the Service after the posting of the amended Terms on the Site constitutes User's affirmative acceptance.

Goalie Gigs is a Venue

Goalie Gigs is neither a goalie rental agency nor are we employment agents. Instead, our site acts as a venue to allow anyone to buy and sell goalie services. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell services or the ability of buyers to buy services. We cannot ensure that a buyer or seller will actually complete a transaction. You and Goalie Gigs are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the web site, or transmit to other Members or buyers.
You will not provide inaccurate, misleading or false information to Goalie Gigs or to any other Member. If information provided to Goalie Gigs, or another Member or buyer, subsequently becomes inaccurate, misleading or false, you will promptly notify Goalie Gigs of such change.
You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
You will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
You will not forward chain letters through the Service;
You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
You will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which:
1. Violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
2. Is fraudulent, misleading or otherwise unlawful or violates any law;
You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
You will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, Goalie Gigs systems or to other members' systems in any way.

User Categories

Users of the Service may become "Guests" or “Members" of the Service.

Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access.
Members are required to create a user account comprised of choosing a user name and password (“User Account”). Members must be adults. By completing the membership registration process you acknowledge and confirm that you are 18 years of age or older. A Member’s User Account is for the Member’s personal use only. Members are allowed to access more features of the Service than are Guests. Members are also able to purchase Game Credits (“Credits”) and use paid features of the Service. Each Member can act as a buyer or seller on the Service subject to restrictions placed on each Member at Goalie Gigs sole discretion.

Game Credits

You (“Member”) can purchase a Credit for your User Account. You agree that once purchased, a Credit has no monetary value and only entitles you to use of paid features on the Service in exchange for a Credit. The Service will keep track of your balance of credits and expired credits in accordance with Credit expiration dates. You agree that the expiration date of a Credit, if any, will be established at the time the Credit is purchased or awarded. In case of any dispute involving the accuracy of your Credit balance, you agree that Goalie Gigs will investigate and establish the correct balance on Goalie Gigs sole authority. You agree that Credits cannot be transferred from the account of one Member to the account of another Member. As Goalie Gigs is a venue, we cannot guarantee a buyer will be able to successfully purchase goalie services, nor can we guarantee that a seller will be able to successfully sell goalie services to a buyer. In forming this Agreement, you (“Member”) acknowledge the risk of being unable to exchange or use a Credit you have purchased or have been awarded and you agree that Goalie Gigs cannot be held liable or responsible if you are not able to successfully use Credits in your account.

Goalie Selection

The Service allows the buyer to select (“Select”) a seller to provide goalie services. When a seller is Selected on the Service, both the buyer and seller’s Credit balances are deducted one Credit. A buyer may choose to Select a seller to perform goalie services from a list of sellers who have responded to said buyer’s game posting. Alternatively, a buyer may choose to request the Service to Select a seller, subject to certain restrictions and conditions determined at the sole discretion of the Service. You (“buyer”) acknowledge and agree that there will be no dispute with us if you are unable to Select a seller, nor if the Service is unable to Select a seller for you. If a seller is Selected by the Service, you (“buyer”) agree there will be no dispute with Goalie Gigs regarding the seller who was Selected. When you (“seller”) respond to a game posting, you must be in possession of at least one Credit in your user account, and your response will only be available for Selection by the buyer while you have at least one Credit in your account.

Goalie Fees

A seller may charge a fee (“Goalie Fee”) to the buyer for providing goalie services. Goalie Gigs reserves the right to impose a minimum and maximum Goalie Fee at our sole discretion. It is the seller’s responsibility to collect any Goalie Fee from the buyer. Under no circumstances will Goalie Gigs be held responsible or liable for Goalie Fees not paid to the seller. You ("buyer") agree that Goalie Gigs is not responsible nor liable to pay any Goalie Fee on your behalf. You ("seller") agree that Goalie Gigs is not responsible nor liable for paying any fees you have been unable to collect from a buyer.

Payment Vendors

Goalie Gigs uses external third party payment vendors such as Paypal (“Payment Vendors”) to perform payment processing for Credit purchases. Credits are awarded to a Member’s account once we receive confirmation from our Payment Vendor of successful payment. Goalie Gigs cannot guarantee the duration of time required for the Payment Vendor to send confirmation of a completed payment and thus we are not responsible for any delays in awarding Credits to a Member’s account. We suggest to our members to purchase credits in advance of performing a paid feature to minimize any chance of delay processing payments or awarding credits. Goalie Gigs is also not responsible or liable for any disputes involving our Payment Vendors.

Cancellation Policy

You (“buyer”) can cancel a game you have posted before a seller has been Selected by you or by the Service. A game posting cannot be cancelled by email or any other form of communication. It must be cancelled using the cancellation feature within the Service.

You (“seller”) can cancel your response to a game posting before the buyer or the service Selects a seller for that game. A seller’s response to a game posting can only be cancelled using the cancellation features provided in the Service. A response to a game posting cannot be cancelled by email or any other form of communication.

Refund and Pricing Policy

THE PURCHASE OF “CREDITS” IS NON-REFUNDABLE.

If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused Credits are automatically and immediately forfeited.

We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.

You agree to pay or have paid all fees and charges incurred in connection with your membership (including any applicable taxes) on any purchase of our services at the rates in effect when the charges were incurred.¹

ALL FEES AND CHARGES ARE NON-REFUNDABLE.

You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

Description of Hockey Risks

In consideration of in-hockey programs, activities and events, you hereby acknowledge that you are aware of the risks and hazards associated with or related to hockey. The risks and hazards of hockey include, but are not limited to, injuries from:

Exerting and stretching various muscle groups;
Vigorous physical exertion, rapid movements and quick turns and stops on the ice;
Strenuous cardiovascular workouts;
Collisions with the hockey boards, goalie nets and ice and other surfaces;
Being struck by hockey sticks and pucks and balls;
Physical contact with other participants, resulting in injuries to the eyes, teeth, face, head and other parts of the body, bruises, sprains, cuts, scrapes, breaks, dislocations and spinal cord injuries which may render me permanently paralyzed;
Variations in ice surface and other playing surfaces;
Travel to and from competitive events and associated non-competitive events.

Furthermore, you acknowledge that you are aware:

That injuries sustained in ice hockey can be severe;
That you may experience anxiety while challenging your during hockey activities;
That you can lessen the chance of severe injury by wearing certified protective hockey specific equipment, including but not limited to, shin pads, elbow pads, shoulder pads, helmet, hockey gloves, hockey pants, athletic support and neck guard.
That despite the rules in place, violations and or accidents will occur and may result in injury; and that your risk of injury increases as you become fatigued.

Hockey Injuries Release of Liability

Goalie Gigs is not responsible for any injury, damage or loss of any kind suffered by a Member during, or as a result of participation in any program, tournament, game, hockey school, practice, activity or event, caused in any manner whatsoever including, but not limited to, the negligence of Goalie Gigs or its Members. You (“Member”) agree to assume all risks arising out of, associated with or related to your participation and you agree to be solely responsible for any injury, loss or damage that you might sustain while participating. You release Goalie Gigs (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your participation.

Feedback Integrity

The Service includes features which allow buyers and sellers to provide quality feedback. You may not take any actions that may undermine the integrity of the Goalie Gigs quality feedback and rating system. We may, but shall not be obligated to, limit the number of feedback reviews you ("seller") may place on the Site based upon the level of your feedback. If you ("seller") engage in the practice of libel, slander, foul language, threats and/or threatening language, Goalie Gigs has the right to remove or edit your feedback. Goalie Gigs also has the right not to edit or remove your feedback. Likewise, Goalie Gigs buyers are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. Goalie Gigs has the right to remove or edit buyer feedback. Goalie Gigs also has the right not to edit or remove buyer feedback. All feedback will be published live on the Service at the discretion of Goalie Gigs. Feedback is not to be used by sellers in order to threaten, harass, blackmail, or extort money, goods/services from buyers. If Goalie Gigs concludes that feedback has been used by a seller to threaten, harass, blackmail, or extort money, goods/services from buyers, Goalie Gigs shall have the right, but not the obligation, to temporarily suspend or permanently remove said seller’s access to Goalie Gigs website and said seller's Goalie Gigs Membership shall stand cancelled. Feedback is not to be used by buyers in order to threaten, harass, blackmail, or extort money, goods/services from sellers. If Goalie Gigs concludes that feedback has been used by a buyer to threaten, harass, blackmail, or extort money, goods/services from sellers, Goalie Gigs shall have the right, but not the obligation, to temporarily suspend or permanently prevent said buyer from utilizing the Goalie Gigs website to contact Goalie Gigs sellers and through the Goalie Gigs website.

Feedback Export

You acknowledge that your feedback consists of comments left by other Members and users and a composite feedback number compiled by Goalie Gigs, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating booking between Goalie Gigs Members and users, you agree that you shall not market or export your Goalie Gigs feedback rating in any venue other than a Goalie Gigs operated website.

Feedback Import

We do not provide you the technical ability to import feedback from other (non-Goalie Gigs operated) websites to Goalie Gigs because a composite number, without the corresponding feedback does not reflect your true online reputation within the Goalie Gigs community of Members and users.

Not Responding to Goalie Applications

Goalie Gigs has the explicit right to temporarily or permanently de-activate the Membership of any Goalie Gigs Member who fails to select a seller in up to five consecutive game postings in which at least one seller has applied.

Falsifying Game Postings

Goalie Gigs has the explicit right to temporarily suspend or permanently de-activate the Membership of any Member who falsifies game postings. Falsifying game postings with an attempt to deceive Goalie Gigs buyers and sellers by artificially inflating ratings and total games booked is not permitted.

No-Shows

Goalie Gigs has the explicit right to temporarily suspend or permanently de-activate the Membership of any Goalie Gigs Member who has been a "no-show" for more than one Goalie Gigs game posting. Goalie Gigs has the explicit right to deduct 1 Game Credit as penalty from the account of the Member who was deemed a no-show for each no-show occurrence. A no-show for a buyer is a game in which the buyer has selected a seller, but which the seller reports no transaction was completed because the goalie services either could not be performed or goalie fees agreed upon were not paid. A no-show for a seller is a game for which the seller was selected but the buyer reports that no transaction was completed. In case of dispute, you agree in both cases that Goalie Gigs will have sole authority with respect to whether a No-Show took place. You agree that Credits will not be refunded to you in case of a no show since Goalie Gigs does not guarantee that the buyer/seller transaction will take place.

Selection Transaction Interference

Goalie Gigs sellers may not contact a Goalie Gigs buyer with an offer or suggestion to book a Goalie Gigs game posting outside of Goalie Gigs. Goalie Gigs sellers are not permitted to interfere with another Goalie Gigs seller’s responses. Goalie Gigs sellers are not permitted to email or telephone Goalie Gigs buyers in an open or completed booking to warn them away from selecting a Goalie Gigs seller. Discouraging buyers from selecting other Goalie Gigs sellers is not permitted. Discouraging and/or preventing buyers from booking you (“seller”) through Goalie Gigs are not permitted. Goalie Gigs buyers may not contact a Goalie Gigs seller with an offer or suggestion to book a Goalie Gigs game posting outside of Goalie Gigs. Goalie Gigs sellers agree not to make arrangements with Goalie Gigs buyers to play in future games for that buyer outside Goalie Gigs without express written consent from Goalie Gigs.

Farming of Information

The act of 'farming' out the information available in our website is not permitted. Goalie Gigs defines 'farming' out of information as; "to give up (as an estate or a business) to another on condition of receiving in return a fixed sum", meaning - Goalie Gigs' users are strictly prohibited from taking information provided to them and transferring these information to non-Goalie Gigs persons/entities. The information is only to be utilized by the Goalie Gigs user/Member who received the said information from Goalie Gigs. If Goalie Gigs discovers that a particular Goalie Gigs user is farming out information, Goalie Gigs reserves the right to temporarily suspend or permanently remove the said Goalie Gigs Member from the Goalie Gigs website and to terminate said Goalie Gigs user's Membership.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service or of any Goalie Gigs related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

By your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Policy.

Privacy and Use of Information

By using the services you have also agreed to our Privacy Policy. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, provide you with or email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying the accuracy of the information provided by other users of the Service. This includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else; is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive; as determined by us in our sole discretion.

You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.

Proprietary Information

The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

Release

As a condition for use of this service, and in consideration of the service provided by Goalie Gigs, in the event that you have a dispute with one or more Goalie Gigs Members or users, you release Goalie Gigs and its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.

Security

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to legal action including prosecution.

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

External Links

This website may from time to time provide you the user, with links to third party web sites and resources not owned or affiliated with Goalie Gigs solely for your convenience. Goalie Gigs has no control over these sites or the content within them and does not endorse the content of any linked web site. Goalie Gigs is not responsible for the availability of these linked web sites, their contents or their use by you. Additionally, Goalie Gigs shall not be held responsible or liable directly or indirectly for any claim in connection with computer viruses, content, materials, goods or services provided or offered on or through any of these third party web sites or any other website that may be linked to these third party websites. We suggest that you review the terms of use and privacy statement of such External Links before using them.

Indemnity

You agree to defend, hold harmless and indemnify us, our affiliates, officers, directors, employees, independent contractors, consultants, agents, successors and assigns from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Goalie Gigs, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Governing Law

This Agreement is entered into in Ontario, Canada. You agree that it will be governed by and construed in accordance with the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.

Compliance with Local Laws

Goalie Gigs makes NO representation that the materials and content contained in this website are legal in all jurisdictions. You the user are responsible to ensure that viewing the content and materials in this website is in compliance with applicable local laws.

Content and Material Accuracy

You the user acknowledge that the content and materials viewed in this website have NOT been reviewed by Goalie Gigs for completeness or accuracy. Goalie Gigs is NOT responsible for typographical errors or omissions of any kind. The information on this website is provided for informational purposes only. You the user bear the entire risk of using the materials and content of this website. All materials and content on this website are subject to change, without notice.

Legal Advice

Legal advice is provided by lawyers. If you want legal advice, hire a lawyer. Nothing on this web site should be considered or is intended or is legal advice under any circumstances.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Goalie Gigs has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Goalie Gigs, if Goalie Gigs's obligations hereunder are assumed by a third party, Goalie Gigs shall be relieved of any and all liability under this Agreement.

Acknowledgement

You expressly acknowledge that you have read this agreement and understand the rights, obligations, terms and conditions set forth herein. By selecting “I accept” in the membership registration and continuing to register, you acknowledge that you, the registered Member, expressly consent to be bound by it’s terms and conditions and grant to Goalie Gigs the rights set forth herein. You acknowledge that you are of the legal age of majority, have read and understand this agreement and are aware that by signing this agreement you are waiving certain legal rights. You have executed this agreement voluntarily, and that this agreement is to be binding upon yourself, your heirs, executors, administrators and representatives.

¹Goalie Gigs is a business name registered to Sanyal Technology Solutions Inc. Sanyal Technology Solutions Inc. is a Federally Incorporated Company with operations based in Ontario, and as such we are required to charge a Goods and Services Tax ("GST") on any purchase of Goalie Gigs Services made by a Canadian resident. Goalie Gigs will charge and collect GST on any purchase made from a Member whose Member profile contains a Canadian address.