This entrance ticket purchase agreement (the “Agreement”) is entered into between ONE STOP STRATEGY GROUP inc., carrying on business as Canadian E-Fest located at 2307 Blvd René-Lévesque West, suite 210, Montréal (Québec), H3H 1R7, Phone number: 1-778-716-3378 Email address: [email protected] referred to herein as the “Organiser”, “we” or “us”))
– AND –
You (referred to herein as “You” or “you”)
2.1 This Agreement governs the online ticketing service (the “Services”).
2.2 ATPI Canada has been appointed as an authorized ticket reseller of the Canadian E-Fest by the Organiser (“Authorized Reseller”). The event will take place from June 28th 2022 through to July 2nd, 2022. This
Agreement is only applicable when purchasing individual entrance tickets for the Canadian E-Fest (the “Entrance Tickets”).
2.3 From October 6th 2021, you can purchase Entrance Tickets for the event via our website at: https://www.canadianefest.com.
here: https://www.canadianefest.com. Should there be any inconsistencies between the provisions of this Agreement and any other document, the provisions of this Agreement shall prevail. By purchasing Entrance
Tickets through the Services you agree to be bound by this Agreement.
2.5 In addition, by purchasing Entrance Tickets, you confirm that you are aware of, and agree with, the rules and regulations regarding the use of an Entrance Ticket, including B2C Terms and Conditions available at https://canadianefest.com
2.6 If you have any questions about this Agreement, please contact our customer service team at: [email protected] or [email protected]
2.7 This preamble shall form an integral part of this Agreement.
3. PURCHASE OF ENTRANCE TICKETS
You hereby agree to purchase the Entrance Tickets detailed in your Order Confirmation (defined below in section 5.1). The Entrance Ticket grants you the revocable license to attend the event described on that Entrance Ticket, and remains the property of the Organiser. No other relationship, either expressed or implied, is created by your purchase of the Entrance Tickets.
3.2 Minimum age
You must have reached the age of majority in your province or territory of residence at the time of purchase of an Entrance Ticket. By purchasing Entrance Tickets, you certify that you meet this age requirement. In the event that any other age restriction is prescribed by us, this Agreement will be amended and the modification will enter into force in accordance with the provisions of section 13, below. Every visitor over the age of 2 years old who attends an event or session at the Canadian E-Fest must be in possession of an Entrance Ticket. Children under 2 years old do not require an Entrance Ticket, provided they sit on the lap of a guardian (and therefore do not require a separate seat).
3.3 Maximum number of Entrance Tickets
There is no limit on the total number of Entrance Tickets that can be purchased for the event on the whole. For group purchases, there is no limit on the total number of Entrance Tickets that can be purchased for the event on the whole; however all requests are pending availability.
3.4 Only personal use
By placing an order, you agree that the Entrance Tickets distributed to you or a group will be solely for each individuals personal use and that they are not being obtained or used for purposes contrary to the terms and conditions of this Agreement. Specifically, the Entrance Tickets must not be used for commercial gain or be resold, as detailed in section 8 of this Agreement. If you breach these provisions, we maintain the right to refuse to supply, or to reclaim the Entrance Tickets, without any refund of the amounts already paid.
4. CHANGES AND CANCELLATION OF THE ENTRANCE TICKETS
4.1 Changes and cancellation
It is your obligation to carefully review your Entrance Ticket order and all information provided by you in connection therewith before you submit and confirm your purchase. After the order has been placed, confirmed and the Entrance Tickets are paid, the purchase can no longer be changed or cancelled. A refund is not possible for Entrance Tickets that have been paid. Administration and mediation costs are also not reimbursed.
4.2 We reserve the right to cancel your Entrance Ticket in the event that any new venue selected for the revised event dates are unable to accommodate the amount of entrance tickets currently sold for the particular
event. In the event that we need to exercise this right, we or the Authorized Reseller will contact you to discuss your options.
4.3 In the event that there are subsequent changes to the event schedule and/or your Entrance Ticket, the Authorized Reseller reserves the right to charge an additional Handling Fee in accordance with Clause 6.2 below.
4.4 We reserve the right to cancel the event in its entirety with no obligation other than to refund the price of the unused portion of the ticket or pass and only upon presentation of such ticket or pass. No refund shall be made, in whole or in part, of the price of a ticket or pass nor any exchange of a ticket or pass for any reason, other than the cancellation of the event before its scheduled presentation.
5. ORDER CONFIRMATION
5.1 Issuance of an Order Confirmation Once your order is confirmed and you will be bound to the payment and cancelation terms outlined in your contract. Once your payment is completed including handling fee, shipping fee or else, you will receive a confirmation email providing you with a confirmation number (the “Order Confirmation”). You must keep your Order Confirmation.
5.2 Issuing accurate information
You hereby confirm that the personal data provided by you during, or in connection with, the purchase/order process of Entrance Tickets is correct and accurate. You are fully responsible for any errors or missing information.
5.3 Failure to receive an Order Confirmation
If, for any reason whatsoever, you do not receive an Order Confirmation or if you receive an error message or encounter a service interruption, you are fully responsible to contact our customer service team at [email protected] to confirm whether your order was properly processed. You are fully responsible for any problems that may occur during the purchase process of Entrance Tickets. In such case, neither we nor the Authorized Reseller shall be responsible or liable for any losses (monetary or otherwise) that may result from any problem occurring during the purchase process of Entrance Tickets through its website, including, without limitation, the failure of a transaction to be completed or confirmed, whether through the actions of us or the Authorized Reseller or its related entities, or a third party. Should there be an error or an inaccuracy in the processing of the order or should a payment processor reject the transaction, a representative may attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after an initial attempt or if a payment processor rejects the transaction, we reserve the right to cancel your order and sell the tickets to another customer. In such case, you will be informed immediately, using the contact information you provided.
6. PRICES, PAYMENT METHODS AND DELIVERY OF TICKETS
6.1 Payment of full price
By accepting the terms and conditions of this Agreement, you hereby agree to pay the full price of the ordered Entrance Tickets, including any and all applicable taxes and delivery, convenience and other fees described on the Order Confirmation. The face value of the Entrance Tickets is stated in Canadian Dollars. DATE, 2020
6.2 Handling Fee
The Authorized Reseller may charge a reasonable handling charge per Entrance Ticket of up to 20% of the face value of the Entrance Ticket. For group purchases, this handling fee is already included in the price of the tickets as per your order confirmation.
6.3 Payment methods
When you purchase Entrance Tickets via the website, all amounts must be paid immediately. Payment can be completed using any credit card. Payments for group purchases can be completed by wire transfer.
6.4 Payment failed for Individuals:
If for some reason your payment fails, or if you wish to pay using another method, then follow these steps to complete the payment: Click “My Account” Log into your account Choose “My Orders” Click “pay now” on the outstanding invoice and follow the steps to complete payment. Please note that as soon as you have received a confirmation for the completion of your payment, the Entrance Tickets are reserved for you. If payment still fails or is interrupted and you still want to purchase the Entrance Ticket, you will be asked to send the Order Confirmation to [email protected] within 24 hours of receipt. Please note that as soon as you have received an Order Confirmation, the Entrance Tickets are reserved for you. If you do not contact the customer service team within 24 hours, these Entrance Tickets will automatically be cancelled and can no longer be claimed.
6.5 Incorrect information
Orders will only be processed after a billing address and other billing information have been verified. Where we receive incorrect billing or credit card information for an Entrance Ticket order, this can delay the processing of your order and the delivery of the Entrance Tickets.
7. DISTRIBUTION OF ENTRANCE TICKETS
Tickets purchased through this website can either be delivered by regular mail, for an additional fee, at the address you provided during the check-out, by e-mail at the e-mail address associated with your account or, when such option is available, at the venue’s box office before the event. If you choose to receive the tickets by e-mail, just print your e-ticket(s) or present them at the event on a mobile device.
7.2 Safeguarding all Entrance Tickets
Once you have received the Entrance Tickets, you are fully responsible for safeguarding all Entrance Tickets. Neither you nor any other Entrance Ticket holder shall be entitled to any compensation for lost, stolen, forgotten, or damaged Entrance Tickets. It may not be possible to reissue an Entrance Ticket.
8. RESALE AND USE OF ENTRANCE TICKETS
8.1 Resale or use for promotional purposes of entrance tickets The B2CTerms and Conditions available at https://canadianefest.com strictly prohibit the resale of all or some of the Entrance Tickets to third parties. In addition, it is not permitted to use Entrance Tickets to promote:
(a) one or more people;
(b) one or more legal entities;
(c) one or more products;
(d) one or more services.
8.2 Rights in case of failure to adherence
If it is proven that you have failed to comply with the above conditions, we and our Authorized Reseller reserves the right to refuse the supply of Entrance Tickets, or to cancel your request, without reimbursement of the amounts already paid.
9. SCHEDULES, SEATS AND ACCESS TO THE STADIUM
Dates and times for events are subject to change. We or the Authorized Reseller will inform you as accurately as possible about any changes via its website, which you are responsible for checking. Neither us nor the Authorized Reseller is liable for any consequences resulting from any such changes.
9.2 Delay, postponement or cancellation of sessions and events
In order to obtain additional information relating to the delay, postponement or cancellation of sessions and events we refer you to the Canadian E-Fest terms and conditions available at https://canadianefest.com.
At any time until the start of the relevant session or event, we may change, cancel or relocate any allocated seats in the stadiums and/or venues in which case, we will offer an alternative seat. The Authorized Reseller has no influence over the relocated seats.
10. CODE OF CONDUCT AND DISPLAY OF TRADEMARKS
10.1 Code of Conduct
We may require you adhere to the Spectator Policy stated in the Canadian E-Fest terms and conditions available at https://canadianefest.com or any other code of conduct be respected in the stadiums, including
access to seats (including exiting the stadiums), security checks, health, personal property, forbidden and limited objects, inappropriate behavior, video and audio recordings and photography.
10.2 Display of trademarks
You understand that the prominent display of trademarks, trade names, logos, emblems or other distinctive signs (other than related marks displayed by authorized persons) within the venues of the event is prohibited.
11. PRIVACY AND COMMUNICATION
We are committed to protecting the privacy of the personal information it collects, including financial information.
11.2 Conformity with anti-spam legislation We comply with the Canada Anti-Spam Legislation (“CASL”). CASL affects the way in which ATPI Canada may contact you electronically with respect to communication about promotions, special offers, and similar communications. In order to send commercial electronic messages in accordance with CASL, your consent is required.
12.1 IN NO EVENT SHALL WE OR THE AUTHORISED RESELLER BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
12.2 IN NO EVENT SHALL ATPI CANADA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO EACH ORDER CONFIRMATION, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID IN RELATION TO THE PARTICULAR ORDER CONFIRMATION GIVING RISE TO THE CLAIM.
12.3 The limitation of liability set forth above shall not apply to (i) liability resulting from gross negligence or willful misconduct; (ii) death or bodily injury resulting from negligent acts or omissions; and (iii) any other liability which cannot be excluded at law.
12.4 Except as expressly set out in this Agreement, the Services are provided on an ‘as is’ and ‘with all fault’s basis’ and we together with the Authorized Reseller and its licensors expressly disclaim all other warranties of noninfringement, merchantability, satisfactory quality, accuracy and fitness for purpose. No oral or written advice or information provided by any party, its agents, employees of third-party providers shall create a warranty and you shall not be entitled to rely on any such advice or information. This disclaimer of warranties is an essential condition of the Agreement.
13. CHANGE OR AMENDMENT TO THIS AGREEMENT
13.1 All information set out in this Agreement is based on what was known at the time this Agreement was prepared. As such, we reserve the right to change the provisions of this Agreement from time to time. We or the Authorized Reseller shall notify you of such changes if they materially affect your rights as a consumer in the 30 days prior to their coming into force.
14.1 Partial invalidity
Where a court of competent jurisdiction declares a portion of this Agreement invalid or unenforceable, the remainder of this Agreement shall remain in force.
Provisions of the Agreement which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Confidential Information, Applicable Law and Exclusive Jurisdiction, and Survival.
The headings in this Agreement are provided for clarity only and do not form an integral part of this Agreement.
The parties declare that they have requested that this Agreement and any amendments or modifications to it be drafted in English. Les parties aux présentes déclarent qu’elles ont demandé à ce que cette entente et tous amendements ou toutes modifications de ceux-ci soit rédigés en anglais.
15. APPLICABLE LAWS AND EXCLUSIVE JURISDICTION
15.1 Applicable law
All matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the Province of Quebec and the federal laws of Canada applicable in the Province of Quebec.
15.2 Conflict with Canadian consumer protection legislation
Where this Agreement conflict with the provisions of any Canadian federal, provincial, territorial consumer protection legislation or the like, those terms and conditions will be invalid or unenforceable, however, the remainder of this Agreement shall remain in force.
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the courts of the Province of Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
Version: September 2021
Canadian E-Fest Spectator Policy
The following Spectator Policy has been designed to help protect you, other people and fellow spectators, and to assist our staff and stewards on site, you must comply with whilst attending the event.
This Spectator Policy is applicable and should be used in addition to the Entrance Ticket Agreement Terms and Conditions of Entry applicable at point of purchase, and the Venue Terms and Conditions applied at the point of attending the Event. Failure to comply with this Spectator Policy is considered to be a breach of entry conditions and may make you liable to be asked to leave the Event without redress.
The Canadian E-Fest will comply with all the provincial health guidelines and any ongoing COVID restrictions. Please review the FAQ section of www.canadianefest.com for spectator policies and updated rules surrounding COVID 19 regulations.
In advance of you attending any event, please be advised:
1. The following items are forbidden on the Event site
o Alcoholic beverage purchased off-site;
o Glass items;
o Bags larger than the following dimensions:
Height: 22.8 cm (9 in)
Length: 45.7 cm (18 in)
Depth: 25.4 cm (10 in)
o Firearms, bladed weapons and any other dangerous object;
o Parasols and other structures which may block other spectators’ view and/or constitute a threat to
o Electrical equipment that requires using a generator;
o Animals (except guide and service dogs).
The organizers reserve the right to ban any object of material which they deem to be hazardous.
Ticket holders must not make, create, store, record or transmit any kind of sound recording, visual footage or audio-visual footage (Recording), or store, record or transmit any information or other data, including
official timing, results, performance, telemetry, weather or race control data (Data) of, at, or in relation to the Event. It is forbidden to take into the Event site any equipment that may enable the ticket holder to do the aforementioned acts. Personal electronic devices (including still image cameras, mobile telephones and other handheld personal communications devices) are permitted within the Event site unless otherwise advised, provided that any Recording, Data and any image, including photographic images and any still pictures derived or capable of being derived from a Recording (Image) of the Event that is recorded, stored and/or created thereon is used for personal, private and non-commercial purposes only.
The use of the ticket or pass shall constitute for the holder:
a. an acceptance and agreement that (i) the use of any such Recording, Data or Image for any form of public advertisement, display, commercial gain or for any other purpose (except for private enjoyment) without the prior written consent of the Organiser is strictly forbidden and will constitute a breach of these terms and conditions for which the ticket holder may be liable; (ii) on request by the Organiser, the ticket holder shall assign to the Organiser in writing the copyright and all other intellectual property in any Image or Recording that the ticket holder creates, makes, stores or records of, at or in relation to the Event and (iii) the ticket holder consents to the use by the Organiser (and by any third party authorized by the Organiser from time to time) for the purposes of or in connection with any publication, exhibition or broadcast (including any advertising or promotional literature, campaign or material) in any media worldwide, in perpetuity and on a royalty-free basis, and approved by the Organiser of any still or moving picture images taken at the Event where such image includes any image of the ticket holder, the ticket holder’s voice or likeness and the ticket holder waives any and all of his/her personality and privacy rights to the extent necessary to permit such use.
b. an acknowledgement that motor racing, the Event and certain activities associated therewith (including without limitation, support events) are dangerous and an acceptance of the inherent and incidental risks of attending the Event;
c. an exoneration to the maximum extent permitted by law in favour of the Organiser, the partners of the Organiser, any company related or affiliated with the Organiser as well as their respective shareholders, directors, employees, representatives and agents (individually a ” Beneficiary “), sanctioning bodies, persons involved in the organisation of the Event (including officials, marshals, rescue and medical staff), the competitors and drivers (such parties to include where relevant all directors, officers, employees, agents, contractors and affiliated companies), from any liability for any loss, damage or injury howsoever caused which may arise on the site of the Event, whether it is before, during or after the Event and a waiver of any recourse in this regard;
d. an undertaking to adhere to safe, prudent and respectful behaviour and to observe all security regulations and instructions established or posted on the site or given by the officials and an undertaking not to bring on the Event site any dangerous items, failing which he/she shall be subject to expulsion with no refund;
e. an acceptance by every person other than a consumer as defined in the Consumer Protection Act ( R.S.Q., chapter 40.1) that any claim or other dispute between the buyer, the user or any other holder of a ticket or pass and the Organiser and/or any other Beneficiary, regarding such ticket or pass, the Event, its running and/or the fact of attending it, shall be submitted to arbitration, excluding any judicial court, which arbitration shall take place in the province of Québec and be governed by the applicable laws in Québec, on an individual and not a collective basis, before a single arbitrator whose decision shall be final and without appeal and will be binding between both parties; and
f. a renunciation by every person other than a consumer as defined in the Consumer Protection Act (R.S.Q., chapter 40.1) to the right to participate to any class action that could be aimed against the Organiser and/or any other Beneficiary;
4. Smoking Policy
Smoking permitted in designated areas only.
5. Denied entry and eviction ; no refund
Notwithstanding anything to the contrary, the Organiser reserves the right to refuse entry to (or evict from) the Event site, without compensation of refund, any person (a) not complying with the present terms and conditions or any rules or regulations located or broadcasted on the Event site; (b) who is in possession of a ticket or pass which has been sold or used other than in compliance with the present terms and conditions; or (c) who, in the opinion of the Organiser, is under the influence of drugs or alcohol, becomes uncontrollable, is disorderly, or engages in inappropriate behavior.