OfficePools.COM Website User Agreement

This version has been in effect since January 3, 2022

WELCOME TO Officepools.COM. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT GOVERNS YOUR USE OF THIS WEBSITE. IT EXEMPTS OfficePools.com's AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

This Agreement contains the following provisions:

1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors
6. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
7. Links
8. Login Names and Passwords
9. Unsolicited Submissions
10. Your Information
11. Affiliate Programs
12. Disclaimers, Liability Exclusions/Limitations and Indemnity
13. Termination
14. Governing Law and Dispute Resolution
15. Other Matters

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any incorporated or unincorporated entity) and Officepools.com Service Ltd. ("Officepools.com") regarding your access to and use of Officepools.com's website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also benefits Officepools.com's affiliates, service providers, suppliers and other persons. Each time you use the website, you signify your acceptance and Agreement. The approval and Agreement of any person you purport to represent to be bound by this Agreement as it reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to portray. If you do not agree with each provision of this Agreement or are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the website. The website is for entertainment purposes only and does not intend to convey advice, recommendations, or an offer to sell any product or service. This Agreement is in addition to any other agreement you may have with Officepools.com, including a transaction agreement.

2. PERMISSION TO USE THE WEBSITE

You may use the website only if you are a resident of Canada or the United States, have reached the age of majority where you live, and can form legally binding contracts under applicable law. You may not use the website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your website use is lawful, and you must comply with all applicable laws. Officepools.com reserves the right to request proof of identification and age.

3. CHANGES TO THIS AGREEMENT

Officepools.com may, in its sole discretion, change this Agreement from time to time as it relates to future use of the website by posting a revised Agreement. By using the website after this revised Agreement has been posted, you signify your acceptance and Agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.

4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE

The website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the website) is the property of Officepools.com. Canadian and international copyright, trademark and other laws protect it. Your use of the website does not transfer to you any ownership or other rights to the website or its content. The website is available for your lawful, personal use only. You may use the website only in the manner described in this Agreement and subject to all applicable laws. Using the website for any other purpose or other ways is strictly prohibited. You may print Website pages provided that you do not modify any of the pages and do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Officepools.com. You may not sell or resell any part of the website or have access to the website. You may not use any of the software used in the operation or provision of the website except while you are using the website per this Agreement.

5. MISPRINTS AND ERRORS

Officepools.com endeavours to provide current and accurate information on the website. However, misprints, errors, inaccuracies, omissions or other errors may sometimes occur. Officepools.com reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person. The final authority on the accuracy of the data is NHL.com.

6. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS

Links to the website without the express written permission of Officepools.com are strictly prohibited. To request permission to link to the website, please send an email to help@officepools.com. Officepools.com may, at its discretion, cancel and revoke any permission it may give to link to the website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the website or to post comments, communications, or any other data of any kind to or on the website with the intention that other users of the website may view such postings.

7. LINKS

Officepools Services Ltd.'s site contains hyperlinks to internet sites managed by third parties. You may have to leave Officepools Services Ltd.'s sites by activating these links. Officepools has no control over internet sites owned by third parties. These sites are managed entirely by third parties, and Officepools Services cannot make any declaration concerning the quality or overall content thereof, the quality of the products offered, or the security of performing transactions on the sites in question. The fact that third-party sites are identified on Officepools Services Ltd.'s internet sites should not in any way be interpreted as an endorsement by Officepools Services ltd. and does not incur its liability in any way. Officepools Services Ltd. cannot be held liable for possible damages arising from the use of these sites. All complaints about third-party sites should be addressed to the administrators of those sites.

8. LOGIN NAMES AND PASSWORDS

Certain areas and features of the website are accessible only to users for who Officepools.com has issued a login name and password (collectively "Codes"). To access the website, the Codes remain the property of Officepools.com. They may be cancelled or suspended at any time by Officepools.com at its discretion without any notice or liability to you or any other person. Officepools.com is not obligated to verify the identity or authority of any person using Codes to access and use the website. Officepools.com may act upon any communication given with the use of Codes. Officepools.com may, at its discretion at any time, require proof of the identity of any person seeking to access and use the website and may deny access to and use of the website or parts of it or refuse to accept or act upon any communication if Officepools.com is not satisfied with such proof. If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the website using the Codes, you will not leave the computer terminal used to access the website unless and until you have terminated the session and logged-off the Website.

9. UNSOLICITED SUBMISSIONS

To avoid potential misunderstandings or disputes, Officepools.com does not accept or consider unsolicited ideas or suggestions ("Submissions"). Suppose you send Submissions to Officepools.com or the Website. In that case, you automatically grant (or warrant that the owner of the Submissions grants) to Officepools.com and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology is now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Officepools.com or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Officepools.com and its successors, assigns and licensees.

10. YOUR INFORMATION

All information you provide through the website, which may, or may not, include registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Officepools.com will rely on the information you provide. You will be solely responsible and liable for any loss, damage, and additional costs that you, Officepools.com or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

We allow third-party companies to serve ads and collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Websites to provide advertisements about goods and services to be of greater interest to you. These companies typically collect this information via a cookie or third party web beacon. To learn more about this behavioural advertising practice or to opt out of this type of advertising, you can visit networkadvertising.org.

11. AFFILIATE PROGRAMS

OfficePools.com provide an affiliate partners program to association looking to fundraise for a good cause. To generate a commission, an affiliate must invite customer to create a new account on OfficePools and pay the entry fee. If the affiliate can do so, that will generate a new commission. The fees will be dispersed to you after the Entry Cut-off of your pool is reached via check, wire or PayPal. A balance greater than $25 CAD is required for each payment. In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance. Affiliates are permitted to use the OfficePools brand and marketing resources available. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials. The Affiliate will never imply that they are acting on behalf of OfficePools and will never advertise OfficePools products directly. The Affiliate will never bid for advertisements that compete with OfficePools. The Affiliate will never represent themselves, OfficePools or their relationship with OfficePools in a false or misleading way. The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing OfficePools. Either party has the right to terminate the agreement immediately without prior notice. If the Affiliate terminates the agreement, no further commissions from OfficePools will be paid for any past or future customer transactions. If OfficePools chooses to terminate the agreement, any balance greater than $25 CAD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $25 CAD will be forfeited.

12. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY

DISCLAIMERS

YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE WEBSITE CONCERNING ANY CONTEST, IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY Officepools.COM TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSIONS
Officepools.COM AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY Officepools.COM OR ANY PERSON FOR WHOM Officepools.COM IS RESPONSIBLE, AND EVEN IF Officepools.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.

YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS Officepools.COM AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ANY AND ALL CLAIMS, LOSS, DAMAGES, AND DEMANDS, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF YOUR USE OR MISUSE OF THE WEBSITE FOR ANY PURPOSE, YOUR ACCESS TO THE WEBSITE, AND ANY ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT (WHETHER BY YOU OR ANOTHER PERSON).

13. TERMINATION

Notwithstanding any other provision of this Agreement, Officepools.com may, at its discretion, change, discontinue, modify, restrict, suspend or terminate the website or any part of it without any notice or liability to you or any other person. Officepools.com may, at its discretion and for its convenience at any time, immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the website without any notice or liability to you or any other person. Suppose this Agreement or your permission to access or use all or any part of the website is terminated for any reason. In that case, this Agreement and all other existing agreements between you and Officepools.com will continue to apply and be binding upon you regarding your prior access to and use of the website. Anything connected with, relating to or arising therefrom.

14. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your access to and use of the website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and Officepools.com or any other person arising from, connected with or relating to the website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal). You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

15. OTHER MATTERS

Suppose any provision of this Agreement is held to be invalid or unenforceable for any reason. In that case, the provision will be deemed to be severed from this Agreement, and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of OfficeePools.com and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Officepools.com may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

We are committed to the privacy and security of your data. By using the App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Data We Collect and How We Collect It

OfficePools.com may collect several types of information from and about you, including:

• “Personal Information” – includes all personally identifiable information (PII) and data that directly or indirectly identify you, such as your first name, last name, and email address. You control how much information you provide to us. The legal bases for our processing of Personal Information are primarily that the processing is necessary for, and in the legitimate interests of, providing the Services, which are further explained in the “How We Use Information” section. We may also process Personal Information upon your consent, asking for it as appropriate.


• “Other Information” – that does not directly reveal your identity on its own, such as browser and device information, Application usage data, information collected through cookies, pixel tags and other technologies, general geographic location, demographic information and other information you provide.

How We Use Information

We take steps designed to ensure that only those staff who need access to your Personal Information to operate the Service will have access to it. We may use the information we collect or provide, including Personal Information, to present our Services and their content.

We may use it:

• To manage Application accounts and provide customer service.


• To provide you with information about the services and products we provide.


• To enable Application features.


• To send emails or push notifications related to OfficePools, the events you are attending, or affiliated marketing partner programs which we reasonably believe you may be interested in. You may opt out of non-essential communications at any time (see Additional Information below).


• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.


• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to carry out our obligations and enforce our terms and conditions applicable to the Services and other agreements, including for billing and collection purposes; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to protect against or identify fraudulent transactions. This includes exchanging information with other companies and organizations where reasonably necessary for fraud protection and credit risk reduction.


• To fulfill any other purpose for which you provide it or with your consent.

We may also use your contact information to contact you via email or direct mail about products and services that may interest you. Where required, we will seek and obtain your express authorization before we send marketing emails.

Disclosure of Your Information

We avoid disclosing your Personal Information except: when legally required to do so, when it is required to operate the Services, and when it involves the legitimate interests of OfficePools’ operations. To perform the Services, we may disclose data that we collect or you provide as described in this Privacy Policy to:

• Third parties – We may use third party vendors to handle complaints, send newsletters on our behalf, operate components of the Service, fulfill affiliate marketing obligations, or share information with third parties which provide similar services as OfficePools, which we reasonably believe you may be interested in, or if you have explicitly provided your consent to such data sharing. We may provide your personal data to third parties to meet a legal obligation or court order. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar events, any information in our possession may be transferred to our successor.


• Miscellaneous – As we believe to be necessary or appropriate to share your data: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to carry out our obligations and enforce our terms and conditions applicable to the Services and other agreements, including for billing and collection purposes; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, our customers, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. This includes, where reasonably necessary, exchanging information with other companies or organizations for fraud protection and credit risk reduction.


• For any other purpose disclosed by us when you provide the information or with your consent.

When we disclose your Personal Information to third parties, we take reasonable measures to ensure that the rules outlined in this Privacy Policy are complied with these third parties and provide sufficient guarantees to implement appropriate technical and organizational measures.

We may finally make sure automatically collected, aggregated, or otherwise non-personally-identifiable information is available to third parties for various purposes, including:

1. Compliance with various reporting obligations.


2. For business or marketing purposes.


3. To assist such parties in understanding your interests, habits, and usage patterns for specific programs, content, services, and/or functionality available through the Services.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. Including a link on the Services does not imply endorsement of the linked site or service by us or our affiliates.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of the event organizers and other organizations, such as Facebook, Apple, Google, Microsoft, or any other company, including app developers, app providers, social media platform providers, operating system providers, wireless service providers or device manufacturers, including concerning any Personal Information you disclose to other organizations through or in connection with the Application.

Children Under the Age of 13

Our Services are not intended for children under 13 years of age. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not:

1. Use or provide any information on these Services or on or through any of its features.


2. Register to use any of our Services.


3. Use any of the interactive or public comment features of our Services or provide information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use.

If you believe we might have any information from or about a child under 13, please contact us using one of the means provided below (see Additional Information below).

Data Security

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Additional Information” section below. If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the violation in accordance with applicable law.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this document unless a longer retention period is required or permitted by law.

Data Transfer

Your Personal Information may be stored and processed in any country where we have facilities or engage third-party service providers. By using the Services, you consent to transfer information to countries outside your residence, which may have different data protection rules than your country. While such information is outside of Canada, it is subject to the laws of the country in which it is held and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. However, our practices regarding your Personal Information will at all times continue to be governed by this Policy, and, if applicable, we will comply with the General Data Protection Regulation (“GDPR”) requirements providing adequate protection for the transfer of Personal Information from the EU/EEA to third country.

Rights to Access and Correct

On written request and subject to proof of identity, you may access the Personal Information that we hold, use or communicate and ask that any necessary corrections be made, where applicable, as authorized or required by law.

Under the GDPR, you may be entitled to additional rights, including:

1. The right to withdraw consent to processing where consent is the basis of processing.


2. Under certain conditions, the right to access your Personal Information and other supplementary information.


3. The right to object to unlawful data processing under certain conditions.


4. The right to erasure personal information about you under certain conditions.


5. The right to demand that we restrict processing of your Personal Information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, the processing is no longer necessary, are processing, or accept your Personal Information is inaccurate.


6. The right to data portability of personal data concerning you in a structured, commonly used, and machine-readable format under certain conditions.


7. The right to object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you under certain conditions.


8. The right to lodge a complaint with data protection authorities.

If you want to learn more about your rights under the GDPR, you can visit the European Commission’s page on Data Protection here.

Changes to Our Privacy Policy

We may change this Privacy Policy. Please look at the “Last Modified” section at the top of this page to see when this Privacy Policy was last revised. Revisions to this Privacy Policy are effective once posted. Your continued use of the Services following the modifications indicates your acceptance of the revised Privacy Policy.

Additional Information

If you have any questions or comments about this Privacy Policy or your Personal Information, to make an access or correction request, to exercise any applicable rights, to make a complaint, or to obtain information about our policies and practices with respect to any service providers outside Canada, our Privacy Officer (or Data Protection Officer) can be reached by mail or email using the following contact information: help@officepools.com.