TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully as these terms of service contain limits on liability.
By placing an order for products or services from this website (including online courses), you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not order or obtain products or any other services from this website if you:
(i) do not agree to these terms and conditions;
(ii) are not the age of majority in your province, state or territory of residence; or
(iii) are prohibited from accessing or using this website or any of this website’s contents, courses products or services by applicable law.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through soulrides.ca, shop.soulrides.ca, or onlinelearning.soulrides.ca (collectively the “Site”). These Terms are subject to change by Soul Rides Inc. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referred to on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Site, Products and Services including online courses and online course materials. You should also carefully review our Website Privacy Policy before placing an order for products or services through this Site.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the products or services you have ordered.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or, if applicable, charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
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4. Shipments; Delivery; Title and Risk of Loss.
(a) For those products that are web based multimedia files, including online courses and informational videos, we will provide access to these materials to the e-mail address provided by you at the time of sale.
(b) For those products that are shipped, we will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon [our transfer of the products to the carrier/delivery]. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments
5. Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within ten (10) days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, or email our Returns Department at info@soulrides.ca to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a ten percent (10%) restocking fee.
Refunds are processed within approximately fourteen (14) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. We offer no refunds on any products designated on this site as non-returnable.
6. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR LOSS OF DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE.
(c) WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLDGE THAT THE ONLINE COURSE PRODUCTS AVAILABLE FOR PURCHASE FROM THIS WEBSITE IS DESIGNED TO TRAIN THE RECIPIENT ON BACKCOUNTRY SKILLS DEVELOPMENT, AVALANCHE EDUCATION, FIRST AID, EMERGENCY RESPONSE PLANNING AND BACKCOUNTRY EXTRACTIONS (collectively the “Activities”) AND THAT ALL OF THESE ACTIVITIES, AND EACH OF THEM, CARRY POSSIBLE DANGERS, HAZARDS AND RISKS, SOMETIMES EXTREME, WHICH MAY RESULT IN SEVERE OR FATAL INJURY TO YOU OR OTHERS. These risks include but are not limited to:
(i) Terrain– Risks associated with practicing these Activities in dangerous terrain, which exposes participants to dangers including, but not limited to, rugged and unpredictable slopes, falling objects, water hazards, unknown under surface conditions, avalanches, crevasses, tree wells and ice which may increase risk of injury or death.
(ii) Equipment – Risks associated with malfunctioning or misuse of equipment.
(iii) Weather –Weather conditions may be inclement and extreme and can change rapidly without warning, which may result in, without limitation, hypothermia, frostbite, windburn, sunburn, colds or flu.
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(iv) Conduct and skills of others – various situations face increased risk due to inexperience, poor judgment, negligence or deliberate acts or omissions by another.
(d) IN CONSIDERATION FOR SOUL RIDES INC. DELIVERING TO YOU THE PRODUCTS AND SERVICES INCLUDING ONLINE COURSE MATERIALS, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you hereby agree:
(i) TO WAIVE ANY AND ALL CLAIMS that you have or may in the future have against Soul Rides Inc. and to release Soul Rides Inc., its agents, employees and officers, from any and all liability for any loss, damage, expense or injury, including death, that you may suffer or that your next of kin may suffer, as a result of my use of the online course materials provided by Soul Rides Inc., DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF SOUL RIDES INC., AND FURTHER INCLUDING THE FAILURE ON THE PART OF SOUL RIDES INC. TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF USE OF THE PRODUCTS OR SERVICES INCLUDING THE ONLINE COURSE MATERIALS. You freely and voluntarily accept those and all other risks arising from the products and services, including the risk of serious bodily injury, illness, death, and property damage or loss resulting therefrom, whether during or after receipt of the online course materials.
(ii) TO HOLD HARMLESS AND INDEMNIFY SOUL RIDES INC., its agents, employees and officers, from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from your use of the products and services, including online course materials, and all related activities.
(iii) TO HOLD HARMLESS, INDEMNIFY AND RELEASE SOUL RIDES INC., its agents, employees and officers, from liability for any and all claims, demands, actions and costs which might arise out of your use of the products and services, including online course materials, and all related activities, even though such claims, demands, actions and costs may have been caused by the negligence of Soul Rides Inc.
(iv) FURTHER, WITHOUT LIMITING THE FOREGOING, TO HOLD HARMLESS, INDEMNIFY AND RELEASE SOUL RIDES INC., its agents, employees and officers, from liability for any and all claims, demands, actions and costs which might arise out of your purchase and subsequent delivery to a third party of the product or service, including online course materials, even though such claims, demands, actions and costs may have been caused by the negligence of Soul Rides Inc.
(v) That you are of the age of majority and that have had ample time to read this Release Agreement, and have understood its terms, intending it to be binding upon my heirs, executors and assigns and all members of my family, and that you are not relying on any oral or written representations or statements made by Soul Rides Inc., its agents, employees and officers, with respect to use of the products and services, including online course materials, other than what is set forth in this Agreement.
7. Goods Not for Resale or Duplication. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or duplication. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.
8. Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) All uses on this Site of the terms “sell”, “sale”, “resell”, “resale”, “purchase”, “price”, and the like mean the purchase or sale of a licence. Each product and service marketed on this Site is made available solely for licence, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the licence agreement the display or description of that specific product or service.
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(b) You will comply with all terms and conditions of the specific licence agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, copying, making, modifying, improving, sublicensing, and transfer of those licensed products and services.
(c) You will not cause, induce, or permit others’ non-compliance with the terms and conditions of any of these product and service licence agreements.
(d) SOUL RIDES INC. will remain the sole and exclusive owner of all intellectual property rights in and to each product and service, including online course material, made available on this Site and any related videos, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, and trademarks. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services, including online course material.
9. Privacy. We respect your privacy and are committed to protecting it. Our Website Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
10. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of the obligations set out in these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such party’s (the “Impacted Party”) failure or delay is caused by or results from acts beyond the Impacted Party’s [reasonable] control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within seven (7) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of seven (7) days following written notice given by it under this Section, the other party may thereafter terminate the purchase or sale made in accordance with these Terms upon seven (7) days’ written notice.
11. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers. The failure or delay by us to exercise or 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 right or provision will be effective only if in writing and signed by a duly authorized representative of Soul Rides Inc.
14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
15. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide and consent to us using; or (ii) posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
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(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to P.O. Box 362, Revelstoke, BC, V0E 2S0. We may update address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement. These Terms, the licence agreement relating to any product or service you obtain on or through this Site (including Online Course Materials), our Website Terms and Conditions of Use, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
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