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PARTICIPACTION+ SALES AND SERVICES AGREEMENT

Effective as of July 16, 2021

This Sale and Service Agreement is between ParticipACTION and the organization or individual purchasing the services provided, hereafter referred to as the “Purchaser”.

1 - SERVICES PROVIDED

Purchaser acknowledges and agrees that the ParticipACTION+ App services purchased are intended for the purpose of providing organizational access for challenge participation by the organization’s members, and for engagement reporting, administration, and downloadable support services.  Services may also include other products and services as agreed to by the parties to this Agreement.

2 - SERVICE DELIVERY

Unless otherwise stated services are made available for 365 days from the date of purchase.

3 - PAYMENT

Purchaser agrees to provide accurate, valid credit card information and authorization for such payment relating to this Agreement.

4 - REFUNDS

All sales are final and not eligible for refund.

5 - CANCELLATION

Services can be cancelled at any time by the Purchaser and will expire at the end of the current paid term.

6 - WEBSITE

Purchaser acknowledges and agrees that the information and Services provided by ParticipACTION are accessed by you in part through its Website(s). Purchaser accepts and agrees to comply with the Terms and Conditions, Privacy Policy, and copyright and trademark notices of ParticipACTION, (all of which form part of and are incorporated by reference into this Agreement), posted on the Website and in effect from time to time. Purchaser acknowledges that the Services may be interrupted due to (a) Website downtime for scheduled maintenance at ParticipACTION’s sole discretion, or (b) interruptions in internet connectivity or other Website downtime caused by circumstances beyond ParticipACTION’s control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, epidemics, pandemics or telecommunications failures.  Purchaser agrees that ParticipACTION shall not, in any way, be liable for, or have responsibility with respect to, any such Services interruptions.

7 - SEVERABILITY

Purchaser agrees that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

8 - ENTIRETY

Purchaser agrees that this Agreement, the website Terms and Conditions, rules and policies published by ParticipACTION, and ParticipACTION’s Privacy Policy are the complete and exclusive agreement between you and us regarding our services. This Agreement supersedes all prior agreements and understandings, whether established by practice, policy or precedent.

9 - GOVERNING LAW

Purchaser agrees that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable thereto.