Go Sport Inc. (hereafter referred to as "GoSportCamps", "we", "us", or "our") provides an online platform and as an agent to the Sports Program Providers (also referred to as “SPP”) connects SPP which have knowledge, experience, facilities and other relevant capabilities for execution of a particular “sports” or “sports + education” program with users (amateur/ professional athletes or third parties acting on behalf of the athletes) seeking to experience such program and relevant activities (collectively with the Site and Application (each as defined below), the "Services"). The Services are accessible at gosportcamps.com and any other websites through which GoSportCamps makes the Services available (collectively, the "Site") and any related applications (the "Application").
By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and Go Sport Inc.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SPORTS PROGRAM PROVIDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR SPORTS PROGRAMS (DEFINED BELOW) AND PARTICIPANTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH SPORTS PROGRAMS. GOSPORTCAMPS MAY CREATE LISTINGS FOR SPORTS PROGRAMS FOR AND ON BEHALF OF SPORTS PROGRAM PROVIDERS IF REQUESTED OR AGREED UPON. YOU UNDERSTAND AND AGREE THAT GOSPORTCAMPS IS ACTING AS AN AGENT FOR SPORTS PROGRAM PROVIDERS, NOT AS AN INSURER. GOSPORTCAMPS HAS NO CONTROL OVER THE CONDUCT OF SPORTS PROGRAM PROVIDERS, PARTICIPANTS AND OTHER USERS OF THE SERVICES OR ANY SPORTS PROGRAMS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Collective Content" means Member Content and GoSportCamps Content. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. "Sports Program Provider" means a Member who creates a Listing via the Services or requests GoSportCamps to create a listing for and on its behalf. "Listing" means a Sports Program that is listed by a Sports Program Provider as available for booking via the Services. "Member" means a person who completes GoSportCamps account registration process, including, but not limited to Sports Program Providers and Participants, as described under "Account Registration" below. "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. "GoSportCamps Content" means all Content that GoSportCamps makes available through the Services, including any Content licensed from a third party, but excluding Member Content. "Participant" means a Member who requests a booking of a Sports Program via the Services, or a Member who participates in a Sports Program and is not the Sports Program Provider for such Sports Program.
Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
GoSportCamps reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of a Sports Program. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
The Services can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, entering contests and booking of sport programs, sport & educational programs, sport tours, other types of activities, and extra services for a separate fee related thereto ("Sports Program"). The list of extra services the SPP may additionally provide to the Participants for a separate fee includes but not limited to: transfer from the airport (train station, etc.) to the academy or place of the residence and (or) vice-versa; foreign language classes; individual (1:1) coaching training; additional accommodation options; cancellation insurance; other.
Such Sports Programs are included in Listings on the Services by SPP or by GoSportCamps for and on behalf of SPP. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Sports Program or create a Listing, you must either register to create a GoSportCamps Account (defined below) or provide your email address.
As stated above, GoSportCamps as an agent to the SPP makes available an online platform with technology for Participants and SPP to meet online, write reviews, search, compare, enter contests and book Sports Programs. GoSportCamps is not an operator of Sports Programs, nor is it a provider of Sports Programs and GoSportCamps does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services. GoSportCamps responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the agent of each SPP.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SPORTS PROGRAMS. GOSPORTCAMPS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPORTS PROGRAMS. GOSPORTCAMPS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SPORTS PROGRAMS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE PARTICIPANT’S OWN RISK.
In order to access certain features of the Services, and to book a Sports Program or create a Listing, you must register to create an account ("GoSportCamps Account") and become a Member. You may register to join the Services directly via the Site or Application or as otherwise described in this section.
You may also be able to register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Site or Application, as described below. As part of the functionality of the Services, you may be able to link your GoSportCamps Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to GoSportCamps through the Services; or (ii) allowing GoSportCamps to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to GoSportCamps and/or grant GoSportCamps access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating GoSportCamps to pay any fees or making GoSportCamps subject to any usage limitations imposed by such third party service providers. By granting GoSportCamps access to any Third Party Accounts, you understand that GoSportCamps may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Services via your GoSportCamps Account and GoSportCamps Account profile page. You agree that GoSportCamps may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your GoSportCamps Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or GoSportCamps’ access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your GoSportCamps Account and your Third Party Accounts, at any time, by accessing the "Profile" section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. GoSportCamps makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and GoSportCamps is not responsible for any SNS Content.
We will create your GoSportCamps Account and your GoSportCamps Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active GoSportCamps Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. GoSportCamps reserves the right to suspend or terminate your GoSportCamps Account and your access to the Services if you create more than one (1) GoSportCamps Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your GoSportCamps Account, whether or not you have authorized such activities or actions. You will immediately notify GoSportCamps of any unauthorized use of your GoSportCamps Account.
GoSportCamps performs regular backups on all servers to ensure critical files are never lost. However, GoSportCamps is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy.
Sports Program Providers may create Listings. To this end, you will be asked a variety of questions about the Sports Program to be listed, including, but not limited to, the location, capacity, itinerary, features, availability, and target audience of the Sports Program and pricing and related rules and financial terms. Listings will be made publicly available via the Services. Other Members will be able to book your Sports Program via the Services based upon the information provided in your Listing.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Participant taking of, a Sports Program in a Listing you post (i) will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local agencies) and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Sports Program included in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, educational laws, and other laws governing events and programs of public spaces and other venues and (b) not conflict with the rights of third parties. Please note that GoSportCamps assumes no responsibility for any Sports Program Provider’s compliance with any applicable laws, rules and regulations. GoSportCamps reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that GoSportCamps, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
You understand and agree that GoSportCamps does not act as an insurer, only as an agent for Sports Program Providers. If a Participant requests a booking of your Sports Programs and participates in your Sports Programs, any agreement you enter into with such Participant is between you and the Participant. You acknowledge and agree that GoSportCamps is a party to the agreement only as the agent. When you create a Listing, you may also choose to include certain requirements, which must be met by the Members who are eligible to request a booking of your Sports Programs. Any Member wishing to book Sports Programs included in Listings with such requirements must meet these requirements.
If you are a Sports Program Provider, GoSportCamps may make certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Sports Program. You acknowledge and agree that, as a Sports Program Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Sports Program at your request or invitation, excluding the Participant. GoSportCamps recommends that Sports Program Providers obtain appropriate insurance for their Sports Programs. Please review any insurance policy that you may have for your Sports Program carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Participants while participating in your Sports Program.
GoSportCamps does not endorse any Members or any Sports Program Providers. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from GoSportCamps with respect to such actions or omissions.
If you are a SPP and a booking is requested for your Sport Program via the Services, either you or GoSportCamps acting as the SPP's agent, will be required to either confirm or reject the booking, using your internal reservation system or staff, within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by GoSportCamps in its sole discretion) or the booking request may be automatically cancelled. If you are unable to confirm or decide to reject a booking of a Sports Program within the specified timeframe, any amounts collected by GoSportCamps for the requested booking will be refunded to the applicable Participant’s credit card and any pre-authorization of such credit card will be released. When a booking is requested via the Services, we may share with you the first name, last name, age, sport qualification and contact email address of the Participant who has requested the booking.
The deposit displayed on the booking page is generally based on the SPP’s terms as outlined on the booking page. Where applicable, Taxes may be charged in addition to the Sports Program Cost. The Sports Program Cost and applicable Taxes are collectively referred to in these Terms as the "Total Cost". The amounts due and payable by a Participant solely relating to an SPP's Sports Program are the "Sports Program Cost". The Sports Program Cost includes the costs of applicable extra services that might be booked by the Participant for a separate fee. The list of extra services the SPP may additionally provide to the Participants for a separate fee includes but not limited to: transfer from the airport (train station, etc.) to the academy or place of the residence and (or) vice-versa; English language classes; individual (1:1) coaching training; additional accommodation options; cancellation insurance; a one-time compulsory registration/administration fee; others.
Please note that it is the SPP and not GoSportCamps which determines the Sports Program Cost. GoSportCamps will collect the deposit and/or the Total Cost at the time of booking confirmation (i.e. when the SPP confirms the booking within the specified timeframe) acting on behalf of the SPP. The Balance of Payment (defined as the Total Cost minus the deposit) will be payable based on the Payment Terms as stated by the SPP on the booking page. SPP understand and agree that once a Participant has received a booking confirmation number, the price for such booking may not be altered.
The SPP hereby appoints GoSportCamps as the SPP's agent to facilitate the booking of Sports Program. The SPP will make the Sports Program available to Participant in the agreed upon manner as described in their Listing. In accepting appointment as the authorized agent of the SPP, GoSportCamps assumes no liability for any acts or omissions of the SPP. You acknowledge and agree that GoSportCamps reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that GoSportCamps will provide notice of new fees via the Services, prior to implementing such new features.
If the Participant came through our site and then paid the SPP directly, we expect this SPP to share the booking details with GoSportCamps immediately.
Once we receive the details from the SPP, we add them to our system and send the SPP an invoice for our Service Fees. All invoices are sent out 40 days before the guest's arrival date and are to be paid 30 days before arrival date (10 days net).
If an invoice is not paid within 10 days after the SPP receives it, a late payment fee of 5% of the total invoice amount will have to be charged. If an invoice still isn’t paid 30 days after you receive it, the late fee will be 10%.
Whenever possible, we try to minimize transactions by matching outstanding commission invoices with upcoming payouts. This saves transactions fees for the SPP.
We greatly appreciate those SPPs who let us know of any bookings from guests we brought you. This is part of the honor system we work on. When SPPs proactively tell us about bookings, we take notice! Outside of the honor system, we track and monitor inquiries. We’ll reach out once a month to see who booked. If we find out that an SPP is trying to hide a booking from us, we’ll, unfortunately, have to ban them from our site.
We work hard to bring customers to all of our partners. No doubt you’d feel a break in trust if the roles were reversed and we tried to hide a booking from you.
If the SPP lists its Sports Program on GoSportCamps site, they are not allowed to list it for a lower price elsewhere. By listing a Sports Program here, the SPPs are stating and agree that they do not offer this Sports Program for a lower price elsewhere. Why do we have this clause?
Because we work extremely hard here at GoSportCamps to help bring you customers. We’ve set up a situation in which we give you $10 if you give us $1. I think you’d have to agree that it’s a great deal for any business, no?
But listing a Sports Program on our site, and then selling it for a lower price elsewhere impedes our ability to provide this wonderful service to you. It undermines the trust our visitors place in us, and you.
We’re here as a family, and part of being a family is recognizing the contributions of every member. We wouldn’t be here without you, and we’re here to help your business thrive.
The Sports Program Providers, not GoSportCamps, are solely responsible for honouring any confirmed bookings and making available any Sports Programs reserved through the Services. You acknowledge that the availability and price of a Sports Program can change any time until you have received a booking confirmation number. If you, as a Participant, choose to enter into a transaction with a SPP for the booking of a Sports Program, you agree and understand that you will be required to enter into an agreement (including releases) with the SPP and you agree to accept any terms, conditions, rules and restrictions associated with such Sports Program imposed by the SPP. You acknowledge and agree that GoSportCamps is a party to the agreement only as the agent to the SPP. With the exception of its obligations hereunder, GoSportCamps disclaims all liability arising from or related to any such agreements. Any Deposit or Balance of Payment is due as stated within the SPP’s terms contained in the Booking Page.
The Booking Page for a Sports Program will specify the Total Cost. As noted above the SPP is required to either confirm or reject the booking within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by GoSportCamps in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable SPP), any amounts collected by GoSportCamps will be refunded to such Participant, depending on the selections the Participant makes via the Site and Application, and any pre-authorization of such Participant's credit card will be released, if applicable.
You agree to pay GoSportCamps acting on behalf of the SPP for the Total Cost for any booking requested in connection with your GoSportCamps Account if such requested bookings are confirmed by the applicable SPP. In order to establish a booking pending the applicable SPP's confirmation of your requested booking, you understand and agree that GoSportCamps reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for either the Deposit or Total Cost or (ii) charge your credit card a nominal amount, not to exceed one Dollar (USD 1), or a similar sum in the currency in which you are transacting (e.g. one Euro or one British Pound) to verify your credit card. Once you receive confirmation of your booking from the applicable SPP, GoSportCamps will collect the Total Cost Payment in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing acting on behalf of the SPP. Please note that GoSportCamps cannot control any fees that may be charged to a Participant by his or her bank related to GoSportCamps’ collection of the Total Cost, and GoSportCamps disclaims all liability in this regard.
If you find a lower rate on another website by 23:59 local time the day before your Sports Program starts, inform us and we will do our best to get you that price. Our SPPs are not allowed to put a higher price on our site than they have listed elsewhere for the same Sports Program.
To submit a claim you need to write us at firstname.lastname@example.org by 23:59 local time the day before your Sports Program starts. If you’ve found a lower price, it has to be available for booking at the time you contact us. This is determined by our support team.
Sameness of the Sports Program - Our Best Price Guarantee is available only for exact itinerary matches, including the Sports Program, cancellation policy, and the date of travel as booked through GoSportCamps. Also, the sameness must be to the exact same Sports Program purchased on its own through another website. For example, if you book a Sports Program on another website as part of a special package it won’t be eligible for our Best Price Guarantee. Our Best Price Guarantee applies to the cost of a booked Sports Program, as presented on your booking confirmation receipt, including any taxes and fees collected by us from you at the time of your booking. The Best Price Guarantee does not apply to any taxes or fees collected by any third party from you. Our Best Price Guarantee isn’t available if you book a Sports Program on another website, and the price of that booking isn’t known until after your purchase. In addition, if there are requirements to be eligible for the lower price, including and without limitation: residency, regional and age, you must meet every single one of these requirements.
Lower price must be available to the general public - In order to be eligible for Our Best Price Guarantee, the prices must be both advertised and available to the general public. The following terms also apply for our Best Price Guarantee: the guarantee does not apply to rates offered on competitors' membership program websites; corporate discounts or rates; group, charter, rewards program, incentive, meeting, convention, consolidator or interline prices; prices obtained via auction or similar process; or prices available only by using a coupon or other promotion not offered to the general public. In addition, the lower price can’t come from a website where a call is required to get the rate, or from an e-mail that you received.
Verifying your claim - All claim requests are subject to verification by GoSportCamps.com. We don’t accept screenshots or other purported evidence of a lower price that we at GoSPortCamps can’t confirm independently. We will not verify any request that we believe, in our sole discretion, is the result of a printing or other error or is made fraudulently or in bad faith.
Getting your refund for a verified claim - If your request is verified, you will receive a credit to the credit card that you used for your reservation. Where you have paid for your Sports Program at the time of booking, we will send your refund upon verification of your request. Where you have chosen to pay later at the SPPs premises, you will pay the SPP the original price upon arrival and we will send your refund after you have completed your stay. Please be aware that it may take up to 30 days or the next billing cycle for your refund to appear on your credit card statement.
Right to change - We at GoSportCamps.com reserve the right in our sole discretion to modify or discontinue the Best Price Guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. Your eligibility under the Best Price Guarantee is determined by the terms that are in effect at the time of your claim. Our failure to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.
In consideration for providing the Services, GoSportCamps collects a service fee only from the SPP ("Service Fees"). A Service Fees is made up of one (1) component: (i) a fee that is charged to the SPP based upon a percentage of the amount of the Sports Program Cost. For short-term Sports Programs with duration of less than 30 (thirty) calendar days - an applicable percentage of the amount of the Sports Program Cost is 10%. For Sports Programs with duration of more than 30 (thirty) calendar days - GoSportCamps defines an applicable percentage of the amount of the Sports Program Cost upon the agreement reached between GoSportCamps and the SPP concerned. In such cases, we expect the SPP to contact us at email@example.com to discuss the terms of the agreement.
As it has been outlined earlier in this Terms, the Sports Program Cost may include the costs of applicable extra services that might be booked by the Participant for a separate fee. The list of extra services the SPP may additionally provide to the Participants for a separate fee includes but not limited to: transfer from the airport (train station, etc.) to the academy or place of the residence and (or) vice-versa; English language classes; individual (1:1) coaching training; additional accommodation options; cancellation insurance; a one-time compulsory registration/administration fee; others. Where it is the case, such extra services would be charged appropriately at an applicable rate as well.
For example, if a Participant books a short-term sports program (less than 30 days) along with an extra service “transfer from the airport to the academy” for a separate fee, - then the total amount (a sum) of the program’s cost itself and the costs of the extra service would be commissioned at an applicable 10% fee.
Where applicable, Taxes may also be charged in addition to the Service Fee.
If, as a Participant, you cancel your requested booking before the requested booking is confirmed by the SPP, GoSportCamps will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. You agree to pay GoSportCamps for the Total Cost for any booking requested in connection with your GoSportCamps Account if such requested bookings are confirmed by the applicable SPP. Once your booking is confirmed by the applicable SPP, the total cost of your Sport Program is subject to the cancellation and payment terms of the SPP. This cancellation must be done via your booking conversation page. However if you are advised that your booking is an 'on request' basis, then above rules do not apply. So if the request comes back approved you will be charged for the full amount. However if the SPP cannot confirm your request you will receive a full refund.
If a SPP cancels a confirmed booking made via the Services, a refund of only the Sports Program Cost for such booking will be made to the applicable Participant within a commercially reasonable time of the cancellation and (ii) the Participant may receive an email or other communication from GoSportCamps containing alternative Listings and other related information. If the SPP cancelled a confirmed booking and you, as a Participant, have not received an email or other communication from GoSportCamps, please contact GoSportCamps at firstname.lastname@example.org.
Certain Sports Programs may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the SPP has the discretion as to whether the weather conditions will prevent the Sports Program from taking place. As a SPP, if you need to cancel a Sports Program for reasons of inclement weather, you must contact the Participant and GoSportCamps (at email@example.com) as early as possible. Subject to the Participant’s consent, the SPP and the Participant may choose to reschedule the Sports Program for another date.
If the Sports Program cannot be rescheduled, as a Participant, please contact GoSportCamps so we may assist in finding a replacement, non-weather-dependent Sports Program. For clarity, in the event the alternative Sports Program is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Sports Program is of a lower price, you may be entitled to a partial refund for the difference.
As a Participant, if you have contacted GoSportCamps as provided above and GoSportCamps is unable to find you a replacement Sports Program, GoSportCamps may refund the deposit for such booking to the applicable Participant within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. GoSportCamps cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each SPP is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
As part of the Services, GoSportCamps may provide a feature through which Members may view Payment for various Listings in foreign currencies. You understand and agree that these views of Payment are for informational purposes only and are not the official Payment for the Listings. If you (as a Participant) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Payment, if your booking is confirmed by a SPP. The currency in which you will be charged may be determined by GoSportCamps based on the payment method you select and the location of the Sports Program in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the SPP to receive payment, GoSportCamps will be responsible for the required currency conversion processing, not including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that GoSportCamps has uploaded to the Site as of the date and time that your booking is confirmed (the "Applicable Exchange Rate"). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although GoSportCamps would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, GoSportCamps would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, you may not and you agree that you will not:
GoSportCamps will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. GoSportCamps may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that GoSportCamps has no obligation (but we will) to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. GoSportCamps reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that GoSportCamps, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of the United States of America and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of GoSportCamps and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including the Site and Application) or Collective Content.
Subject to your compliance with the terms and conditions of these Terms, GoSportCamps grants you a limited, non-exclusive, non-transferable license to (i) access and view any GoSportCamps Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GoSportCamps or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to GoSportCamps a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. GoSportCamps does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to GoSportCamps the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or GoSportCamps’ use of the Member Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content.
The Services may contain links to third-party websites or resources. You acknowledge and agree that GoSportCamps is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GoSportCamps of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of GoSportCamps used herein are trademarks or registered trademarks of GoSportCamps. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of GoSportCamps and you hereby irrevocably assign to GoSportCamps and agree to irrevocably assign to GoSportCamps all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At GoSportCamps’ request and expense, you will execute documents and take such further acts as GoSportCamps may reasonably request to assist GoSportCamps to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
GoSportCamps respects copyright law and expects its users to do the same. It is GoSportCamps’ policy to terminate in appropriate circumstances the GoSportCamps Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your GoSportCamps Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event GoSportCamps terminates these Terms, or your access to the Services or deactivates or cancels your GoSportCamps Account you will remain liable for all amounts due hereunder. You may cancel your GoSportCamps Account at any time by sending an email to email@example.com. Please note that if your GoSportCamps Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback. Sports Program Providers agree that should they cease their licence to use GoSportCamps’ solutions, that the program review content captured using GoSportCamps will still be available for use by the SPP subject to certain limitations and conditions. GoSportCamps’ XML file must NOT be accessed. The reviewers Facebook ID or Profile image must NOT be used or displayed anywhere. Whenever the program review content is displayed the following attribution MUST be properly and clearly provided to GoSportCamps on every page where this content appears: "These program reviews were written on GoSportCamps.com" where program reviews' must be a link to 'www.GoSportCamps.com'.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GOSPORTCAMPS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, PARTICIPANTS AND SPORTS PROGRAM PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GOSPORTCAMPS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GOSPORTCAMPS MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP SPORTS TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GOSPORTCAMPS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPORTS PROGRAMS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOSPORTCAMPS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SPORTS PROGRAM PROVIDERS OR PARTICIPANTS. YOU UNDERSTAND THAT GOSPORTCAMPS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY SPORTS PROGRAMS. GOSPORTCAMPS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PARTICIPANTS AND SPORTS PROGRAM PROVIDERS. NOTWITHSTANDING GOSPORTCAMPS APPOINTMENT AS THE AGENT FOR THE SPORTS PROGRAM PROVIDERS, GOSPORTCAMPS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PARTICIPANT OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPORTS PROGRAM VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER GOSPORTCAMPS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY SPORTS PROGRAM VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOSPORTCAMPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL GOSPORTCAMPS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPORTS PROGRAM VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A PARTICIPANT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GUIDE, THE AMOUNTS PAID BY GOSPORTCAMPS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOSPORTCAMPS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold GOSPORTCAMPS and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of an Sports Program, (iii) creation of a Listing or (iv) the use, condition or quality of an Sports Program, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Sport Program.
You may not use, export, re-export, import, or transfer the Application except as authorized by the laws of the United States of America, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws.
If you participate in a Sports Program with a Sports Program Provider who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to GoSportCamps by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You may not assign or transfer these Terms, by operation of law or otherwise, without GoSportCamps’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GoSportCamps may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You may not assign or transfer these Terms, by operation of law or otherwise, without GoSportCamps’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GoSportCamps may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by GoSportCamps (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
All disputes arising out of this contract or related to its violation, termination or nullity shall be finally settled by arbitration administered by the International Centre for Dispute Resolution (American Arbitration Association) in accordance with its International Arbitration Rules by one arbitrator appointed in accordance with these Rules. The place of arbitration shall be New York, USA. The arbitral tribunal is nevertheless authorized to carry out certain portions of the proceedings, for example meetings, hearing of witnesses, out-of-court viewings and the like, outside of the agreed upon place of arbitration, if the arbitrator so determines. The place of arbitration shall not be changed in consequence thereof. The language of the proceedings shall be English. The present arbitration clause shall be governed by law of the United States of America.
The failure of GoSportCamps to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GoSportCamps. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact GoSportCamps at email@example.com