Last updated on November 12, 2019
Welcome to greenwavesoccer.ca (the “Website”)! This is a legal agreement between you and Green Wave Inc., operating as “Green Wave” (“Green Wave”), governing your use of the Website.
This Website is designed for users over the legal age of majority in their country of residence. Youth under the age of 18 (or the age of majority in your country of residence) are not permitted to sign-up and use the Services (as such term is defined hereinafter) offered on this Website.
Acceptance of Terms
Green Wave provides you, as well as any individual or entity (including employees, agents, and contractors) that you allow to access and use the Services (collectively “the user”), with access to the Services offered through the Website subject to the following TOU, which may be updated by us without express notification. We may amend these TOU at any time by posting an updated version of the TOU on the website at the following URL [www.greenwavesoccer.ca]. Any amendments will be effective from the time they are posted on the Website. Once posted, the amended version of the TOU shall immediately supersede any previous versions of the TOU. Your continued use of the Website will be deemed to indicate your acceptance of the amended TOU.
Description of Services
The Website provides its users (which term shall always include but not be limited to, customers of Green Wave who make use of the Website to obtain products and services, and those other users who access the Website) with information and promotional materials on Green Wave products and services, and to facilitate the purchase thereof (the “Services”).
Any update to the above Services or any new services offered by Green Wave through the Website and not yet defined herein shall be subject to the TOU.
You may browse the Website without registering for an account. If you are a customer of any Green Wave however, you will be required to register for an account to use certain Services. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason, including without limitation if we suspect that you have provided us with information that is untrue, inaccurate, not current or incomplete.
The Internet is not a secure means of communication. The privacy, integrity and authenticity of any communication over the Internet cannot be ensured. Green Wave is not responsible for any damages you may suffer if you communicate confidential information over the Internet or if Green Wave communicates such information to you at your request. In addition, Green Wave reminds you that some content and links on the Internet contain inappropriate material, such as malware or adult content that is not suitable for children and may be offensive to some users.
Green Wave collects personal contact information (name, e-mail address, province/state/region, country and organizational information pertaining to organizations with which users are affiliated) when you sign up for the Website and its Services. This information is used to fulfil your request to join the Website community, make use of the Services, respond to your inquiries, and (if you agree) update you on opportunities relevant to you. Green Wave processes all payments for Services through a third party provider, and will therefore not collect any credit card/payment details from you, unless you authorize access to same.
You are solely responsible for determining the suitability of the Website and the Services for yourself, or the organization/entity that you represent, and complying with any regulations, laws, or conventions applicable to your use of the Services or the Website.
All information, files, publications, documentation, or other materials of any kind whatsoever (collectively, “Content”) uploaded to or downloaded from the Website is to be used for the express purpose of delivering the Services. In respect of the Website, you agree not to:
- Download Content from the Website to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) for any purpose;
- Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Engage in personal attacks or any type of “flaming” or “trolling” of other users;
- Engage in disruptive activity on the Website that might incite other users to violate the TOU or participate in illegal activities;
- Harm other users in any way;
- Impersonate any person or entity, including, but not limited to, a Green Wave or other affiliated entity staff member or group administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
- Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment or contractual relationships or under nondisclosure agreements);
- Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, worms or Trojan horse or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, provincial, state, territorial, federal or international law;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, including with respect to any CAPTCHA displayed on the Website. Operators of public search engines may use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
- Use any automated software or computer systems to search for, reserve, buy or otherwise obtain tickets, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; or,
- “Stalk” or otherwise harass another user of the Website or other person.
Any access to the Website is provided to you for your own personal use only, or the use of the organization/entity with which you are affiliated only, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.
You further acknowledge and agree that any Content that you submit or upload to the Website will, upon such time that such Content ceases to be current (which will be determined in the sole discretion of Green Wave), be archived by Green Wave until such time as the user who uploaded or submitted such Content (or the organization with which such user is affiliated), provides Green Wave with a written request to remove or delete the Content.
Green Wave Intellectual Property
All rights in the design, source code, and appearance of the Website, and all of the materials and content made available through the Website are owned by or licensed to Green Wave. These materials are protected by law against unauthorized copying and reproduction. Any unlicensed use, reproduction or distribution any of this proprietary material is expressly prohibited. Trade-marks and trade names appearing on the Website are owned or licensed by Green Wave or its affiliates, or are owned by third parties. You may not use or display these trade-marks or trade names except as may be required in order to make use of the Website in accordance with these Terms. The display of any trade-marks or trade names on the Website does not imply that a license has been granted for any further use.
The Website is directed to people residing in Canada. We do not represent that Content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside Canada, you do so at your own risk.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
You agree to indemnify and hold Green Wave, and its respective affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any other user or third party due to or arising out of information you submit, post, upload or make available through the Website, your use of the Website, your connection to the Website, your violation of the TOU, or your violation of any rights of another. For greater certainty, such indemnification shall extend to, but shall not be limited to, claims by other users or third parties made as a result of an alleged misrepresentation or inaccuracy contained in the information that you submit, post, upload or make available through the Website, and to any infringement of any intellectual property right of Green Wave or any other user or third party.
These TOU constitutes the entire agreement between you and Green Wave and governs your use of the Website, despite any prior agreements between you and Green Wave. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern the TOU, and the relationship between you and Green Wave. You and Green Wave agree to submit to the personal and exclusive jurisdiction of the courts of the Province of Ontario located within the City of Ottawa, Ontario. The failure of Green Wave to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Modifications to Service
Green Wave reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) or any of the Services provided therein with or without notice. You agree that Green Wave shall not be liable to you or to any other user or third party for any modification, suspension or discontinuance of the Website or the Services.
You agree that Green Wave, in its sole discretion, may remove your information from our database system or terminate your use of the Website, and remove your account from the Website, for any reason, including, without limitation, if Green Wave believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Green Wave may also in its respective sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this TOU may be effected without prior notice, and acknowledge and agree that Green Wave may immediately deactivate or delete your information from our database system and/or bar any further access to the Website. Further, you agree that Green Wave shall not be liable to you or any third-party for any termination of your access to the Website.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Website is at your sole risk. The Services are provided on an “as is” and “as available” basis. Green Wave has expressly disclaimed all warranties of any kind, whether express or implied, as to any matter whatsoever, including any implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, and title. Without limiting the generality of the foregoing, Green Wave does not warrant that the Services or the Website will be error-free, will meet your requirements, or will be timely or secure.
Any Content relied upon through the use of the Services is done at your own discretion and risk, without any warranty of any kind, and you will be solely responsible for any damage that results from such reliance. We disclaim all liability for the inaccuracy, unreliability, unsuitability for any particular purpose, or noncompliance with any applicable law, of any Content or anything posted to, or linked from the Website.
No advice or information, whether oral or written, obtained by you from Green Wave or through or from the Website shall create any right, obligation or warranty not expressly stated in the TOU.
You do not and will not own or have any proprietary rights in the Website or your user account, you have no right to uninterrupted access to the Website, and you have no right to storage of or deletion of any Content or data you submit to the Website. We may add, delete, limit, modify or disable Website features, Content or functionality at any time. We may temporarily or permanently shut down, limit, suspend or discontinue the Website, your user account, or your access to the Website at any time, for any reason (including for breach of these Terms), at our sole discretion, and without notice. While we do our best to provide uninterrupted access to the Website, it may at any time become permanently or temporarily unavailable for any reason, including maintenance, or as a result of circumstances beyond our control, such as network or server outages, or incorrect configuration of the software, network, or computer you are using to access the Website. We cannot be held liable for any outages or for the deletion of any data.
Limitation of Liability
You expressly understand and agree that Green Wave shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the Website; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services downloaded or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your transmissions of data; (iv) statements or conduct of any users or third parties on the Website, including but not limited to any false information displayed on the Website; (v) any lost, stolen or damaged products obtained through the Website; OR (vi) any other matter relating to the Website, Content displayed on the Website, or the Website’s Services.
Please report any violations of the TOU to Green Wave
At Green Wave we are committed to protecting the privacy of our users, and support a general policy of openness about how we collect, use and disclose Personal Information (as such term is defined hereinafter).
By registering to be a user of the Website, using the Website’s Services, or submitting any data/content/information to the Website, you consent to the collection, use and disclosure of your Personal Information.
This Privacy Statement also explains how you can contact us if you have a question about, want to make a change to or delete any Personal Information that Green Wave may be holding about you. We strongly recommend that you take the time to read this Privacy Statement and retain it for future reference.
Some information is, by its very nature, intended to be shared with others — for example, the contact information that you choose to submit to the Website. This category also includes any personally identifying information that you choose to post in publicly accessible areas of the Website, or in your user profile. We call this type of information “Shared Information,” and you consent to this information being made available to and shared with anyone, including in publicly accessible areas of the Website, other Green Wave sites, in print publications, or publications in other formats. Green Wave cannot control this information, or what other users or third parties may do with this information, and by posting this information publicly, you waive any privacy rights you may have in this information.
We may collect other information, such as details of your browsing patterns on the website, data contained in web “cookies”, a history of links that you have clicked on, coarse geographic and location data (eg: what town or city you are connecting from), or any other data that we store and use to determine your interests and customize your user experience. We recognize that disclosure of such information might compromise your privacy if it was accompanied by personally identifying information, thereby allowing someone to associate this information with you. However, if such information were disclosed without any accompanying personally identifying information, it would not directly reveal anything about you personally. We call this type of information “Demographic Information,” and we may share this type of information with third parties, but never accompanied by personally identifying information (except where we may be required or compelled to do so, for example in response to a court order, or as required in order to provide services to you.) Collection and use of each of these categories of information is crucial to our business and operations, and to our ability to provide services to you. We collect and use this information in order to establish, maintain and manage our relationship with you, to communicate with you, to personalize your user experience on the Website, to provide you with advertising and content tailored to your interests, and to provide services to you. We may be required to use the information we collect to enforce our legal rights, or to defend against claims or other legal action. Collection of this information also allows us to assess and improve the Services which we provide, and to analyze user habits and market trends
For the purpose of this Privacy Statement, “Personal Information” means any information, recorded in any form, about an identified individual, or an individual whose identity may be inferred or determined from such information (e.g. name, e-mail address, province/state/region, country and organizational information pertaining to organizations with which users are affiliated), but does not include information that is publicly available, such as business contact information or information found in a telephone directory.
What Personal Information We Collect
Green Wave collects Personal Information to help effectively provide the Website’s Services to its users. This information includes but is not limited to the following:
- Information that you provide by filling in forms on the Website. This includes information provided at the time of registering via our site as a user (your name, address, email, contact number, date of birth) or requesting further services. We may also ask you for information when you report a problem with our site or our services;
- If you contact us, we may keep a record of that correspondence;
- Details of transactions you carry out through our third party payment provider. However, Green Wave Soccer does not have access to your payment card details unless you authorize access;
- Details of the bookings you make through our third party booking engine;
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access;
- Photographs and video footage taken while you and/or your minor child/ward are attending our franchise classes or events. We will let you know before any filming or photographing takes place at a class you are booked to attend. Please inform us upon registration if you do not wish us to use such data generally and please either attend another class or make the instructor aware before the class starts if you do not wish to be filmed;
- Records of your attendance at franchise classes and events;
- Membership numbers and history;
- We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
How We Use Your Personal Information
Personal Information that is collected by Green Wave or its representatives is only used for Green Wave purposes. Green Wave uses your Personal Information primarily to facilitate purchases and the provision of products and services available through the Website, and also to facilitate communications among the Website’s users, Green Wave, and Green Wave franchisees. Green Wave may also use your Personal Information for data collection and statistical analysis purposes, with a view to determining ways to improve upon the quality of the Website’s Services.
Any questions about how Green Wave uses your Personal Information should be directed to firstname.lastname@example.org.
When We Disclose Your Personal Information
Green Wave may disclose your Personal Information as follows:
- To individuals within the Green Wave organization and/or any of its franchisees or other affiliates within the Green Wave franchise system;
- To third parties involved with the Green Wave franchise system, including: partner venues for franchise events, instructors, our booking engine provider, payment facilitator/provider, and businesses that provide discounts to our members.
- The Personal Information that we collect may be assigned to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting Green Wave or our Website.
- As required or authorized by law or by order or requirement of a court, administrative agency or other governmental tribunal;
- Where we believe, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
- Where it is necessary to permit us to pursue available remedies or limit any damages that we may sustain; or,
- Where the information being disclosed or used is in the public domain.
Where Green Wave is obliged or permitted to disclose information without consent, we will not disclose more information than is minimally required in the applicable circumstances.
Green Wave does not sell or rent your Personal Information to other organizations.
Knowledge and Consent
Green Wave collects Personal Information about you only when you voluntarily provide it. Typically, we will seek consent for the use or disclosure of such Personal Information at the time of collection. In certain circumstances, consent may be sought after the information has been collected but before use (for example, when we want to use information for a purpose not previously identified).
The form of consent that we seek, including whether it is express or implied, will largely depend on the sensitivity of the Personal Information and the reasonable expectations of the individual in the circumstances. When you fill out a Green Wave form, for instance, you imply that we may use that information for the purpose for which you filled out the form.
Green Wave keeps a record of a user’s history with the organization, including participation in Green Wave Services. By using the Website you acknowledge that we may keep this record and consent to such retention, so that if your registration becomes inactive and you later decide to rejoin, Green Wave will still have your previous registration history on file. We will not use this information for any other purpose except with your consent.
You may withdraw consent to the collection, use or disclosure of your Personal Information at any time, subject to legal restrictions (such as information kept to protect Green Wave from liability) and reasonable notice. If you wish to withdraw your consent, please email email@example.com. We will inform you of the implications of withdrawing consent as appropriate.
Green Wave does not, as a condition of participation, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.
From time to time we may, with your consent, communicate with you via email. If you do not wish further communication via email, you can opt out of receiving communication from us via email. You can opt out of receiving any type of emails from us at any time by clicking on the unsubscribe link in the email or by contacting us at firstname.lastname@example.org or call us at 888 8442744.
Green Wave may, with your consent, periodically contact users directly to ask for ideas, opinions, and feedback about Content and Services. If you do not wish for Green Wave to contact you, you may withhold permission or retract it at any time. If you wish to retract permission please contact email@example.com.
How We Protect Your Personal Information
While Green Wave cannot guarantee complete protection of your Personal Information, Green Wave follows commercially reasonable practices to protect Personal Information collected from you against loss and unauthorized access. This protection applies in relation to information stored in both electronic and hard copy form. Access to your Personal Information is restricted to selected employees.
Retention of Your Personal Information
Green Wave retains your Personal Information for as long as necessary to fulfil the purposes for which it was collected. In some cases, it is necessary for Green Wave to retain Personal Information for longer, in order to protect Green Wave from liability in the event of a dispute. Unless you explicitly withdraw your consent, we will retain your name and contact information following participation in an opportunity available in any Content or the end of your active subscription, so that we may archive your participation in the organization.
When you explicitly withdraw your consent to us retaining your Personal Information, or your Personal Information is no longer necessary or relevant for the identified purposes, or is not required to be retained by applicable laws, Green Wave will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. Green Wave uses reasonable business practices to ensure we have adequate controls, schedules and practices for information and records retention and destruction which apply to your Personal Information.
We will make reasonable business efforts to comply with a request to delete your Personal Information as long as technological restraints or legal constraints do not limit our ability to fulfil the deletion request. Where a request for deletion of Personal Information is declined, the individual making the request will be provided with the reasons for declining the request.
Green Wave is the sole owner of the information collected on Website. We will not sell, trade, or rent information gathered from the Website to others.
If you visit the Website, and do not actively provide any Personal Information, Green Wave still stores certain information automatically, via the placement of a text file called a “cookie” in the browser directory of your computer’s hard drive. The cookie cannot be read by any website other than the one that set up the cookies. If you choose to modify your browser to disable cookies, some pages of the Website may not function properly.
Green Wave will only collect and store the following information about your visit to our Website:
- The Internet domain from which you accessed the Green Wave site;
- The type of browser and operating system you are using;
- Your IP address (an IP address is a number that is assigned to your computer automatically and required for using the Internet);
- The general geographic area associated with an IP address;
- The date and time of your visit and the time spent on our website ;
- The pages within the Green Wave site that you visit and the information you searched for;
- The response rates to online or e-mail advertising and other relevant information about your online experience; and
- If you linked to another website from the Website, the address of that site.
Changes to this Privacy Statement
Green Wave reserves the right to modify this Privacy Statement at any time. The Privacy Statement posted on the Website shall be deemed to be the Privacy Statement in effect. A current copy of the Privacy Statement can be obtained at any time by contacting: firstname.lastname@example.org.
From time to time, we may use your Personal Information for new, unanticipated uses not previously disclosed in this Privacy Statement. If our use of your Personal Information changes at some time in the future we will post the changes to the Website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your Personal Information is used, you should check back at the Website periodically.
Correcting or Updating Your Information
You can help us maintain the accuracy of your Personal Information by notifying us of any changes to this information. You may contact Green Wave to request access to, correct or update your Personal Information.
Access to your Personal Information will be provided within a reasonable business time frame unless access is declined for one of the reasons described below. We reserve the right to decline access to Personal Information where:
- The identity of the person requesting access cannot be confirmed.
- The Personal Information is not readily retrievable and the burden or cost of providing it would be disproportionate to the nature or value of the information.
- The requested Personal Information does not exist, is not held, or cannot be found.
- Disclosure of the Personal Information would compromise the confidentiality of another individual or threaten the safety of another person.
- Non-disclosure of the Personal Information is required or permitted by law.
Where a request for access, or alteration of Personal Information is declined, the individual making the request will be provided with the reasons for declining the request.
In the event that you have any questions about Green Wave Privacy Statement or if you have reason to believe that Green Wave may have failed to adhere to this Privacy Statement, you may contact Green Wave at email@example.com If you no longer wish to receive email from Green Wave please send notification by email to firstname.lastname@example.org. including the email address you do not want to be contacted at.