OVERVIEW

These terms of use (the “Terms”) are made between you (hereinafter, “you”, “your”) and Tiebreaker Ltd., a corporation incorporated under the federal laws of Canada (hereinafter, “Tiebreaker”, “we”, “us” or “our”). These Terms govern your use and access to our technology platform (including our website and mobile application) (the “Platform”) that enables you to connect with other members of the Platform (individually, a “User” and collectively, “Users”) with a view to meeting other Users in person to participate in sports related and other activities based on shared interests (referred to as “Events”).

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE PLATFORM.

By clicking “I Accept”, accessing the Platform or attending an Event, you agree to accept and abide by these Terms and our policies and procedures governing the use of the Platform and, where applicable, your attendance at Events as may be in effect from time to time (collectively, the “Policies”).  Our Policies are incorporated by reference into these Terms. If you do not accept and agree to be bound by all of these Terms, please do not access our Platform.

You can review the most current version of these Terms and the Policies at any time on our Platform. If you access any of our social media pages, these Terms and our Policies are in addition to any terms and conditions governing such social media platforms.

 

AMENDMENTS TO TERMS

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms and our Policies from time to time by posting updates and changes to our Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of the Platform constitutes acceptance of those changes.

 

AMENDMENTS TO PLATFORM

Tiebreaker reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, update and improve the Platform to add, change or remove features and/or functionality of the Platform and to suspend and/or deny access to the Platform for scheduled or unscheduled maintenance, upgrades, improvements or corrections or otherwise in connection with these Terms.

 

PRIVACY AND CONSENT

By accessing our Platform, you agree that we can collect and use your information in accordance with the privacy policies Tiebreaker may adopt from time to time.

 

THIRD-PARTY LINKS

The Platform may contain links to third-party websites, which are provided for convenience only. Users may also post or transmit links to third-party websites. Tiebreaker does not make any representations or warranties of any kind in connection with such third-party content. In no event shall Tiebreaker be responsible for the information contained on such sites or services, or your use of or inability to use such site or services. You should also be aware that the terms and conditions of such third-party site or services and their privacy policies may be different from those applicable to your use of our Platform.

Tiebreaker has no liability or responsibility for the third-party content, products or services available on any third-party websites. We expressly disclaim all liability with respect to any reliance on any information and content found on our Platform or third-party websites that are accessible from links on our Platform.

Please govern yourself accordingly and satisfy yourself with respect to the terms and policies of such third-parties before accessing their products or services, which you do at your own risk.

 

USER ACCOUNT 

In order to access the Platform, you will be required to register for and maintain an account with the Platform (“User Account”).

In order to register for a User Account you must: (a) Be the age of majority in your jurisdiction; (b) not be or have been convicted of a felony, indictable offence, a sex crime or any crime involving violence; (c) not be required to register as a sex offender with any sex offender registry; and (d) comply with these Terms and all applicable laws, rules and regulations.

You may only possess one User Account at any time. As part of the process to set up your User Account, you will be required to submit to Tiebreaker information about you, including your photo, email address, phone number, billing and payment information, and such other supporting documents as we may reasonably require in order to verify your identity. By setting up your User Account, you agree to maintain accurate, complete, and up-to-date information in your User Account.

You are responsible for ensuring the security of your own device and understand that weaknesses in your device security may compromise the confidentiality of your information and User Content (as defined below). You are responsible to keep your User Account information, including your username and password, secure and not share that information with anyone else. You are also responsible for keeping your devices secure, to prevent unauthorized use and access of any passwords and account information.

 

USER CONTENT, DATA, PERMISSIONS AND REPRESENTATIONS

Tiebreaker permits you to share data with other Users on the Platform. Each User may generate and record information, pictures and videos in the Platform and communicate through online messaging, video calling, phone and other channels (“User Content“).  

You are responsible for any User Content you post and/or transmit through the Platform to other Users or to us and you are wholly responsible for any decisions you make regarding those with whom you share your User Content.

By accessing the Platform or otherwise engaging with Users or with Tiebreaker, you agree that you will not post or transmit any content that is offensive, inappropriate or unlawful, including without limitation, any threatening, sexually explicit or racist comments or content that will violate the rights of any individual or entity.  Further, you represent and warrant, in connection with uploading User Content that you have: (i) the right to upload and submit the User Content to the Platform; (ii) no third party licenses or consents are required; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with these Terms and all applicable laws.

You acknowledge that any content posted and/or transmitted by other Users does not represent the views of Tiebreaker, nor does Tiebreaker endorse, warrant or make any representations regarding such content or transmissions. Tiebreaker is not responsible for the validity or correctness of any User Content and takes no responsibility and assumes no liability for any comments or User Content posted by you or any third-party.

Tiebreaker cannot guarantee that all content and/or transmissions of Users will comply with these Terms. Tiebreaker takes no responsibility and assumes no liability for any comments posted/transmitted by you or any other User or any third-party.

Tiebreaker reserves the right to investigate and delete or disable User Content alleged to be infringing on third party rights and terminate any User accounts if necessary. 

 

PROHIBITED USES

You covenant and agree that you are prohibited from: (a) using the Platform for any unlawful purpose or in any manner inconsistent with the rights granted herein; (b) using the Platform for any harmful or nefarious purpose; (c) defrauding any other Users or impersonating another person; (d) submitting false or misleading information; (e) selling, licensing, sublicensing, distributing, leasing or otherwise transferring or allowing the transfer of any information, including, without limitation, personal information of other Users, data, images, video, audio, other recordings, or documentation made available to you in connection with your use of the Platform to any third parties; (h) permitting access to the Platform to any third party or unauthorized user; (g) infringing upon or violating Tiebreaker’s intellectual property rights or the intellectual property rights of others; (g) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or any related websites or mobile applications; (h) doing or failing to do any thing that would violate these Terms. We reserve the right to terminate your access to the Platform and for breach of this provision.

ACCOUNT SUSPENSION OR TERMINATION

Tiebreaker has the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform (or any portion thereof) if: (i) you provide, or Tiebreaker has reasonable grounds to believe you have provided, inaccurate, incomplete information or information that is not current; (ii) you breach any of these Terms; (iii) you make use of the Platform in a manner that Tiebreaker considers to be objectionable for any reason, including without limitation, by posting or transmitting content via the Platform, its supported telecommunication applications, or our social media pages that Tiebreaker considers to be objectionable; (iv) if you post any User Content that violates these Terms or we consider to be objectionable for any reason (v) if your User Account remains dormant for the period as prescribed by applicable Tiebreaker policy; or (vi) otherwise in accordance with these Terms.

 

FEES AND PAYMENT

Agreement to Pay Fees By creating a User Account, you agree there may be fees for your use of certain features and functionality of the Platform.  When you select any paid features in the Platform, you will be prompted to confirm your purchase and when you accept, you thereby agree to pay all applicable fees or charges associated with such features and services and authorize Tiebreaker or its third party merchant providers to immediately charge the applicable amount for such order to the payment method you have provided. If Tiebreaker is unable to collect payment through the payment method you provided or there are any abnormalities in the payment, Tiebreaker may withhold access to the Platform until the issue has been resolved.  If you purchase any subscriptions that recur automatically, your payment method will continue to be billed until you cancel.

Please be informed that Tiebreaker currently contracts with Stripe, a third party provider, for payments associated with any Fees payable to Tiebreaker in connection with your access to the Platform. All payment processing services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).  By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as it may be modified from time to time.

In the event of a dispute as to whether a payment was made, the resolution of such dispute shall be conclusively resolved by resorting to Stripe’s internal records. Tiebreaker shall have no responsibility or liability for any alleged payment that is not recorded or verified on Stripe’s system.

Expenses You agree that you are solely responsible for any charges or expenses you may incur as a result of accessing the Platform, including, but not limited to, mobile data charges, bandwidth charges, and any other charge that may be incurred directly or indirectly by accessing the Platform.

Fees for Events In addition to the fees charged by Tiebreaker in relation to use of the Platform, Users may set prices for participation in certain group Events, for example, to cover the rental charge for use of a sporting facility. Tiebreaker does note collect any amounts on behalf of Users for any reason whatsoever and is not responsible to refund or reimburse you for any fees paid by you to another User in connection with your participation in an Event for any reason whatsoever. Tiebreaker shall have no responsibility or liability in connection with any other payments or transactions howsoever made.

 

TERM AND TERMINATION

These Terms become effective and binding upon the User upon the creation of a User Account and will remain in effect so long as you access or use the Platform.

 

TIEBREAKER’S INTELLECTUAL PROPERTY

All information available through the Platform including but not limited to text, graphics and code is copyrighted, and is the sole and exclusive property of Tiebreaker or third parties. It is protected by Canadian and international copyright laws. ALL RIGHTS ARE RESERVED. You may use the Platform solely for your own use, in accordance with these Terms. Any and all other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Platform, or altering any of the information or materials is strictly prohibited.

All trademarks, service marks and trade names provided in connection with the Platform and other information and materials, are sole property of Tiebreaker or third parties. You are prohibited from using any such marks for any purpose without the written permission of Tiebreaker or such third party, which may own the marks.

 

ACKNOLWEDGEMENT AND ASSUMPTION OF RISKS/WAIVER AND RELEASE OF CLAIMS

Acknowledgment of Risks You acknowledge that Tiebreaker operates a digital telecommunications platform that connects Users with shared interests to facilitate meeting one-on-one or in groups outside of the Platform for Events. Tiebreaker does not take steps to inquire into a user’s background or confirm the reliability or veracity of the information provided by Users and made available through the Platform.  Tiebreaker does not conduct criminal background or other vulnerable sector checks on its Users. Tiebreaker does not host any Events nor does it review, approve, verify, endorse any Users or Events.  Please note that User Content and ratings may cause a specific Event to be Trending within the Platform, but this shall not be deemed to be an endorsement by Tiebreaker of such Event.

You understand that there are certain risks and dangers, both known and unknown, related to meeting individuals in person who may be strangers, playing sports and engaging in various activities with other Users, including but not limited to the risk of property damage, accident, injury, and death. The said risks and dangers may be affected by a number of factors including, the negligence or intentional acts or omissions of others. By using the Platform, attending Events or meeting with any Users in-person, you voluntarily, knowingly and freely assume all such risks and dangers.

YOUR USE OF THE PLATFORM AND ATTENDANCE AT ANY EVENTS IS AT YOUR OWN RISK

In no event will Tiebreaker be liable for any damages or liability resulting from the use of the Platform or any interactions between you and other Users either through the Platform or at in-person at Events.  You should exercise caution in all interactions with other Users and should follow our Policies when using our Platform or meeting with another User or group of Users.

Waiver/Release of Claims To the fullest extent permitted by applicable law, you hereby waive all rights to make or bring any claims, demands, actions, suits or proceedings which you have or may in the future have against Tiebreaker and its affiliates and their respective officers, directors, shareholders, employees, contractors, suppliers and agents (the “Releasees”) and you hereby release and forever discharge the Releasees from any and all claims and liability for or in respect of any injury, death, damage, loss, cost or expense suffered or incurred as a result of or related to your use of the Platform, your interactions with other Users whether online through the Platform or your attendance at any Events, due to any cause whatsoever.

 

DISCLAIMER OF WARRANTIES

Tiebreaker takes no responsibility whatsoever for any interactions or meetings that you have with other persons that you meet through the Platform. It is your responsibility to ensure that you are taking every precaution necessary to ensure your personal safety and well being when meeting new people off the Platform and engaging in sporting or other activities with them.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”.  EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, TIEBREAKER MAKES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATED TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, COMPLETENESS OR APPROPRIATENESS OF THE PLATFORM, ITS USERS OR THE EVENTS OR ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE,  AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Further, Tiebreaker does not represent or warrant to you that: (a) your use of the Platform will meet your requirements; (b) your use of the Platform will be uninterrupted, timely, secure or free from error; or (c) any information obtained by you as a result of your use of the Platform will be accurate or reliable. Tiebreaker is not responsible for and disclaims all liability related to delays, delivery failures, or other damage resulting from matters outside of its control, including problems inherent in the use of the internet, mobile and personal computing devices and third party service providers.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL TIEBREAKER OR ANY OF THE OTHER RELEASEES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE OR KIND, INCLUDING PERSONAL INJURY, LOSS OF PROFITS (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE OF THE PLATFORM. THIS LIMITATION WILL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SURVIVES A FUNDAMENTAL BREACH OR FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS.

To the fullest extent permitted by applicable law, the maximum aggregate liability, including but not limited to applicable legal fees and court costs, of Tiebreaker or any of the other Releasees to you concerning or in any way related to this Agreement and your use of the Platform is limited to direct damages in an amount not to exceed fees, if any, you have paid to us for your use of and access to the Platform during the most recent one (1) month period immediately preceding the event giving rise to such claim.

 

INDEMNIFICATION

You agree to indemnify, hold harmless and defend Tiebreaker and the other Releasees (collectively, the “Indemnified Parties”) from and against any action, suit, claim, demand, liability, damage, loss, cost and/or expense (including, without limitation, legal fees) which may be made or brought against the Indemnified Parties or any of them or which any of them may suffer or incur as a result of, in respect of, or arising out of: (i) any breach by you of these Terms; (ii) any non-fulfillment by you of any covenant or agreement under these Terms; (iii) any breach by you, whether by commission or omission, of any of your obligations, representations or warranties under these Terms; (iv) any content you post, store or otherwise transmit on or through our Platform; (v) any violation by you of any law or rights of any third party in the use of the Platform; and/or (vi) any act, omission or conduct by you while interacting with Users, whether online or in person.

 

LICENSE AND USE OF THE SERVICE

Subject to these Terms, Tiebreaker hereby grants you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive, royalty-free license to access and use the Platform for your own personal use. 

Any rights not expressly granted herein are reserved by Tiebreaker.

You covenant and agree you will not, directly or indirectly: (i) in any way modify, translate, adapt or otherwise create derivative works of the content, information or related materials that are made available through the Platform; (ii) reproduce, reverse engineer, modify, license, sell, resell, transfer, publicly display, broadcast, remove, delete, alter or obscure or otherwise exploit any copyright, trademark or other intellectual property (including, without limitation, the Platform itself), or proprietary rights notices made available through the Platform, except as expressly permitted by Tiebreaker; (iii) reproduce, license, sell, resell, transfer, publicly display, broadcast, or otherwise exploit any information, advice or communications made available through the Platform, except as expressly permitted by Tiebreaker; (iv) impersonate any person or entity; or (v) use the Platform in violation of any law.

You acknowledge and agree that the Platform is provided under license of use only, and not for any other purpose. You agree that Tiebreaker is the sole and exclusive owner of the Platform.

 

GENERAL

Applicable Law. This Agreement will be governed by and construed under and pursuant to the laws of the Province of Ontario and the federal laws of Canada (but without giving effect to its conflict of law provisions). You and Tiebreaker agree that the Courts of Ontario shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of this Agreement, and hereby attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.

Severability. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

Survival of Terms. These Terms will remain in effect so long as is necessary to give full effect to your past, present and/or future use of the Platform.

Entire Agreement. This Agreement, which includes these Terms, our Policies and any further terms or policies adopted by Tiebreaker upon or in connection with your access to and use of the Platform constitutes the entire agreement between you and Tiebreaker with respect to the subject matter hereof and supersedes all prior understandings, negotiations and agreements. This Agreement may be assigned by Tiebreaker without notice to or consent from you. This Agreement will ensure to the benefit of, and be binding upon, you and Tiebreaker and your and our respective heirs, administrators, executors, successors and permitted assigns, as applicable. 

 

QUESTIONS

For questions regarding the Platform or to report any offensive content or transmissions that are offensive or that you believe violates these Terms by contacting us at info@tiebreaker.stagingdomain.in.