General terms and condition of sales
This agreement (hereinafter the "Agreement") sets forth the terms and conditions that apply to the purchase of all products (hereinafter the "Products") of Adventure City Games Inc. a company having its head office at 301-4755 Avenue Papineau, Montreal, in the province of Quebec (H2H 1V4), Canada (hereinafter "Adventure City Games").
The terms "you" and "your" refer to the person who purchases Products (hereinafter also referred to as the "Client" and collectively the "Clients") through its website or web application (hereinafter the "Platform"). Adventure City Games provides its Clients with a Platform to purchase tickets to play its Outdoor Games on the city streets.
Adventure City Games and the Client may be hereinafter referred to as the “Parties”.
By using this Platform to purchase Products online, you accept the Agreement and agree to be bound by it. You represent that you are of sufficient age to enter into this Agreement. This Agreement contains important information about your rights and obligations and sets forth restrictions and exclusions to which you may be subject.
For more information about your rights and obligations, we suggest that you review the applicable laws and regulations.
1. AUTHORIZATION TO USE ELECTRONIC DOCUMENTS
You hereby authorize the exchange of documents and information between you and Adventure City Games via the Internet, e-mail or telephone. You agree that this Agreement is the equivalent of an original written agreement between you and Adventure City Games. You also agree that all agreements, notices, information and other communications that we provide to you electronically satisfy any legal requirement that such communications be made.2. PRODUCTS
The characteristics of the Products sold by Adventure City Games are defined on the Platform. The prices of the Products are also set out on the Platform. The display of this information on the Platform is conclusive, but Adventure City Games reserves the right to change this information at its own discretion, subject to applicable legal and regulatory requirements.3. REGISTRATION, USERNAME AND PASSWORDS
Some of the features available on the Platform require registration or subscription. If you choose to register or subscribe for such functionality, you agree to provide true and current information about yourself as required by the registration or subscription process and to promptly update such information as necessary to ensure that it remains accurate and complete.You acknowledge that you are responsible for:
i. maintaining the confidentiality of any passwords you choose or are assigned as a result of your registration or subscription ;
ii. for all activities that occur under your user name or password; and
iii. log out of your account at the end of each session.
In addition, you agree to notify Adventure City Games of any unauthorized use of your username or password. In the event that you fail to comply with the obligations set forth in this section, Adventure City Games shall not be liable for any loss or damage arising therefrom.
4. ACCOUNT SUSPENSION, ACCESS LIMITATION, TERMINATION
In the event of a serious breach of this Agreement, or if Adventure City Games has reason to believe that your actions are necessary to protect the safety and security of Adventure City Games, its other Clients or third parties, for fraud prevention or investigation purposes, Adventure City Games may decide to :i. Restrict access to and use of the Platform to the offending Client;
ii. Suspend the offending Client's account, either temporarily or permanently, depending on the severity of the offence.
5. ORDER
Any Client making a purchase on the Platform is the contracting party with Adventure City Games.The order of Products made by the Client through the Platform constitutes an order (hereinafter the "Order") and gives rise to the formation of a contract between the Parties (hereinafter the "Contract"). When placing an Order for a Product through the Platform, the Client must approve the Order.
The Contract is formed upon receipt of an Order confirmation by the Client.
Following the Order, details of the Products purchased will be included in a confirmation email that will be sent to the Client by Adventure City Games. An invoice will be sent to the Client by email.
An Order is not binding on Adventure City Games until it is paid in full.
6. CANCELLATION
Adventure City Games reserves the right to limit quantities, refuse or cancel any Order, including after an Order has been submitted, even if it has been confirmed and invoiced. If your Order is cancelled after your payment has been processed, you will receive a full refund from Adventure City Games in accordance with applicable laws and regulations and this Agreement.7. PRICES
All prices are, unless otherwise stated, in the currency of the country where the game is played. The prices displayed on the Platform do not include taxes. These are added at the time of confirmation of your Order.Although Adventure City Games strives to provide an accurate description of its prices, there is a risk of error. Adventure City Games reserves the right to correct its prices and any erroneous information, to change the prices of the Products or any other changes to this Agreement, at any time, in accordance with applicable laws and regulations.
If a price is incorrect, Adventure City Games reserves the right to cancel your Order and any fees charged and will contact you to offer you a new Order at the adjusted price or a refund in accordance with the terms of this Agreement and applicable laws and regulations.
8. TERMS OF PAYMENT
Payment terms are determined by Adventure City Games, at its discretion. Adventure City Games allows payment to be made by the following methods:● Visa ;
● Mastercard ; and
● American Express.
Payments must be approved by the financial institution that issued the credit or debit card. Client must be legally authorized to use the card that will be used to pay for the Order. Adventure City Games guarantees that it does not collect any banking data from the Clients. In the event that the Product offered to the Client does not qualify for chargeback and the Consumer Protection Act applies, Adventure City Games will not charge the Client until the Product has been delivered.
Adventure City Games may occasionally provide discounts, rebates and promotional codes for the benefit of Clients. Clients can find out about these by email, by consulting the Platform and/or through social networks and advertising banners.
The Client cannot pay for his or her Orders in several instalments. All payments must be made in full and in a single payment.
9. PRODUCT AVAILABILITY
The availability of certain Products may be limited. Adventure City Games may change or withdraw Products at any time without notice. If a Product ordered is not or is no longer available, Adventure City Games will notify you by email, and offer you a choice between equivalent Products at the same price.10. DELIVERY
Tickets are delivered internationally and by e-mail.The delivery times indicated on the Platform run from the time the Order is validated on the Platform.
These delivery times are estimates and not guarantees.
If the Client is a consumer within the meaning of the Consumer Protection Act and has not received delivery of the Order within thirty (30) days of the agreed delivery date, or failing that, of the date of purchase, the Client may send Adventure City Games a notice of cancellation. Adventure City Games will then proceed to refund the order within fifteen (15) days of receipt of such notice.
11. FEES AND OTHER TAXES
Unless otherwise stated, prices do not include applicable federal and state sales taxes.Taxes will be shown separately for each Order on the payment page and/or in the Order confirmation as applicable.
You are responsible for all sales, use, goods and services, harmonized sales and other taxes and duties on the Order.
12. REFUND POLICY
Our top priority is ensuring that you have the best experience possible. If, for any reason, you are not satisfied with your activity once it's completed, we are committed to rectifying the situation to your satisfaction. However, please note that we cannot issue refunds for adverse weather conditions, street closures, or other circumstances beyond our control. Additionally, refunds are not provided for unused tickets, and our tickets remain valid for up to one year.13. EXCLUSION AND LIMITATION OF LIABILITY
Not applicable to Clients residing in the Province of Quebec: Subject to applicable law, Adventure City Games makes no warranties, conditions or undertakings of any kind whatsoever and offers no guarantees other than those expressly stated on the Platform. Adventure City Games excludes, including but not limited to the foregoing, any liability for claims arising from normal wear and tear, misuse or abuse of the Product. Adventure City Games' liability for any proceedings arising out of these online general terms of sale shall be limited to the purchase price paid by the Client to Adventure City Games for the Order in question.Applicable to Clients residing in the Province of Quebec: Adventure City Games shall not be liable for any damages or claims related to misuse, abuse, modification, misplacement or misappropriation of the Product.
14. FORCE MAJEURE
Adventure City Games shall not be liable for the failure, in whole or in part, to perform any of its obligations to the Client, nor for any damages or losses that the Client may suffer if the failure to perform, damage to the Orders or losses result from a force majeure or natural disaster.Force majeure shall mean any and all events beyond the control of the Parties that are unforeseeable and unavoidable, including, but not limited to, acts of God, acts of God, fire, flood, avalanches, landslides or subsidence, strikes, sabotage, embargoes, or interruptions or delays in transportation or communications, tooling accidents and scrap of important parts during manufacture duly noted by the Client or one of its representatives, acts or regulations emanating from public authorities, civil or military, (including delays in obtaining authorizations or permits of any kind), war . ..., which have the effect of rendering the Agreement temporarily or permanently unenforceable.
If such an event occurs, as defined above, Adventure City Games shall notify the Client in writing and the time limits for performance shall be extended by the duration of the event. If the duration of the force majeure event exceeds one (1) month, the Client may terminate the Contract by notice to Adventure City Games.
15. APPLICABLE LAW AND JURISDICTION
This Agreement shall be interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.This Agreement shall be treated in all respects as a distance selling contract governed by the laws of the Province of Quebec, without regard to conflict of laws principles.
16. MEDIATION
Before going to court, the Parties agree to jointly appoint and have recourse to a mediator in the event of a dispute concerning the performance, application or interpretation of these general terms of sale.17. COMPETENT COURT
Subject to applicable law, including the Consumer Protection Act, any dispute between Adventure City Games and Clients shall be submitted to the courts of the Province of Quebec, regardless of the Client's place of residence.Notwithstanding any applicable jurisdiction and law, where the Client is a consumer within the meaning of the Quebec Consumer Protection Act, then any dispute relating to these general terms of sale shall be governed by the laws of the Province of Quebec and shall necessarily be brought before a court of competent jurisdiction pursuant to the rules of the Code of Civil Procedure.
18. HEADINGS
Headings are included in this Agreement for ease of reference and understanding only and shall not affect the interpretation of this Agreement. The general interpretation of this Agreement is subject to the provisions of the Civil Code of Quebec.19. MINORS
Adventure City Games reminds you that the Platform is intended for use by a person of legal age, and not by a minor.20. ASSIGNMENT
You may not assign your rights or obligations under this Agreement without the express written consent of Adventure City Games.21. ENFORCEMENT
The Parties are bound by this Agreement and acknowledge that they are aware of each other's rights and obligations.22. CONSUMER PROTECTION
The provisions of this Agreement are not intended to replace the Consumer Protection Act, the latter being applicable as a matter of priority when the situation so requires.23. INTERPRETATION
This Agreement shall be interpreted according to the rules of the Civil Code of Quebec. The clauses shall be interpreted one by one, giving each clause the meaning that results from the Agreement as a whole.24. LANGUAGE: FRENCH AND ENGLISH
In the event of a problem of definition or interpretation between the English and French versions of this Agreement, the French version shall prevail.25. ENTIRE AGREEMENT
This Agreement, together with the other policies, terms and conditions incorporated or referred to herein, constitute the entire agreement between you and Adventure City Games relating to the general terms of sale, use of the Platform and transactions conducted on or from the Platform. They supersede any prior agreements or understandings (whether electronic, oral or written) regarding the subject matter hereof, and they may only be modified in writing in accordance with this Agreement.26. NO WAIVER
Adventure City Games' failure to enforce any provision hereof or to act upon any breach hereof by you or any third party shall not in any way waive Adventure City Games' right to enforce any of the terms hereof or to act upon any similar breach in the future.I declare that I have read and understand this Agreement and that the entirety of this Agreement does not contain any unreadable, incomprehensible clauses and accept the entirety of this Agreement WITHOUT RESERVATION.
27. MODIFICATION OF TERMS AND CONDITIONS
Adventure City Games reserves the right to modify, alter or otherwise update these general terms of sale. When required by law, Adventure City Games will notify Clients by email thirty (30) days prior to the effective date of such changes.Client's use of the Platform after any changes signifies Client's agreement to abide by and be legally bound by the amended general terms of sale. If Client does not agree to these general terms of sale or, as the case may be, to the general terms of sale as amended, Client shall not, or shall no longer, use the Platform. He shall have at the latest, thirty (30) days after the entry into force of the modifications to send a notification to Adventure City Games.
28. CONTACT
For all returns, exchanges, refunds, cancellations of Orders and subscriptions you may contact us by:Email: contact@adventurecitygames.com
Phone: +1 (833) 775 2080
Last updated on July 27, 2023