Terms Of Use

Terms of use for SimplySportsware

  • TERMS OF USE AGREEMENT

  • SimplySportsWare

  • ("SSW")

  1. Acceptance of Terms

    Please read the following terms of use (the “Agreement”) carefully before using and accessing www.simplysportsware.com (the “Website”). By accepting these terms of use, you, the user and/or the office pool manager (the “User”) acknowledge having read and accepted and shall be bound by this Agreement. If you do not agree with any of the terms and conditions below, do not use this Website. SSW reserve the right, in its sole discretion, to amend this Agreement from time to time without any prior notice. Any amended Agreement shall appear upon the User’s first log in following such amendments. The User must read and accept the amended Agreement in order to continue accessing and using the Website.

  2. Description of Services

    SSW offers its User a web-based software platform for creating, hosting and managing private office sports pools. This Website is to be used solely for entertainment purposes and is not intended to be used for any form of gambling or wagering activities, or activities related to the business of betting, including but not limited to, pool-selling, registering or recording bets, and publishing odds and other betting information (“Gambling”). Using the Website for any Gambling is strictly prohibited.

  3. Website

    Notwithstanding any of the terms and conditions of this Agreement, SSW may, at its sole discretion, modify, change, discontinue, suspend or terminate the Website or any part therein without any prior written notice and without any liability.

  4. Software Licence

    Subject to the terms and conditions of this Agreement, SSW grants the User a non- exclusive, non-transferable, limited licence to use and access the Website, for which the User shall only use in the manner expressly described in this Agreement and under any applicable laws. The User shall not have the right to sublicense or translate the Website. Using the Website for any other purpose or in any other manner is strictly prohibited. Subject to obtaining SSW’s prior written consent, the User may not: (i) modify or copy in whole or in part any of the Website material, (ii) use the Website material for any commercial purpose or for any public display (commercial or non-commercial), (iii) attempt to decompile or reverse engineer any software contained on the Website, (iv) remove any copyright or other proprietary notations from the material of the Website, (v) transfer any of the Website material to another person or mirror the material on any other server, and (vi) sell any part of the Website or access to the Website. This licence shall automatically be terminated if you violate any of these restrictions, and may be terminated by SSW at any time.

  5. Service Interruption and Operating Errors

    SSW shall make every reasonable effort to provide uninterrupted access to the Website. Due to certain events such as high network traffic, power outages, and natural disasters, SSW cannot guarantee that access to the Website will be available at all times. SSW shall make reasonable efforts to restore access as soon as possible in the event of interruption if such interruption is within its control. SSW shall not be liable for any consequences resulting from disruption in service. SSW has taken reasonable efforts to create an internet-based application that works on all operating systems and browsers. SSW shall not be held liable for any defects or incompatibilities with respect to any operating system or internet browser. In the event of such errors, the User must report the error to SSW, who shall use reasonable efforts to resolve the error in a timely manner.

  6. Registration

    To register on the Website the User must provide a valid email address, a username and password and, the User must agree to the terms and conditions of this Agreement. In addition, all office pool managers must provide their residential address and telephone number upon registration. Should the User forget his/her password, the User may reset their password and have the new password sent to them via the email address on record. In the event that the User has changed its email address, or the office pool manager has changed their residential address and/or telephone number, the User and/or the office pool manager must, within a reasonable delay of such, make the necessary changes to their account.

  7. Privacy

    SSW only collects the user name, email address, residential address and telephone number (residential address and telephone number only applies to office pool managers) used for registration. Any personal information used by the pool manager during the payment process will not be collected or kept on record. In the event that any personal information is collected, such information shall not be disclosed to any third party unless, (i) the office pool manager has given his/her prior written consent or (ii) such information is required to be disclosed under applicable law.

  8. Security

    The User is responsible for maintaining the confidentiality of their username and password, and is liable for all activities that occur under their username. The User shall immediately notify SSW of any unauthorized use of their username or any other breach of security.

  9. Termination

    SSW shall have the right to terminate this Agreement, the User’s account and/or access to the Website without any prior written notice in the event that: (i) the User violates or fails to perform any of the terms and conditions of this Agreement, (ii) the User is involved in any form of Gambling, and/or (iii) the User has used inappropriate, derogatory or racial language on the Website. SSW reserves the right to terminate this Agreement, the User’s account and/or access to the Website for any other reason upon providing written notice. For greater certainty, SSW may, at its sole discretion, have the right to terminate, reinstate and/or take control of a pool upon providing a written notice to the Users of such pool.

  10. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the law of Canada applicable therein.

  11. LIMITATION OF LIABILITY & DISCLAIMERS

    THE USER AGREES THAT THE WEBSITE IS PROVIDED ON AN “AS IS AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTIES WHATSOEVER. ACCORDINGLY, THE USER AGREES THAT SSW SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR THE APPLICATION OF THE WEBSITE, FOR THE SUFFICIENCY, ACCURACY, ACCESSIBILITY, OR PERFORMANCE THEREOF, AND THUS NOT FOR ANY DIRECT OR INDIRECT CONSEQUENCES OF THE APPLICATION OF THE WEBSITE BY THE USER OR OTHERS. THE USER AGREES THAT SSW SHALL NOT HAVE ANY LIABILITY FOR LOSS SUFFERED BY THE USER OR ANY OTHER PERSON AS A RESULT OF DIRECT OR INDIRECT USE OF THE WEBSITE, OR ANY MATERIAL, INFORMATION OR DOCUMENTATION FURNISHED UNDER THIS AGREEMENT OR THE WEBSITE OR ANY PRODUCT RESULTING FROM THE USE OF THE WEBSITE. THE USER AGREES THAT IN NO EVENT SHALL SSW BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DAMAGES SUFFERED BY THE USER RESULTING FROM THE USE OR MISUSE OF THE WEBSITE, INCLUDING ANY ACTIVITIES ASSOCIATED WITH GAMBLING, LOSS OF PROFIT, LOSS OF USE OF COMPUTER EQUIPMENT, LOSS OF USE OF THE WEBSITE, COST OF SUBSTITUTE SERVICES, DOWNTIME COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY FOR SUCH DAMAGES.

  12. Indemnity

    The User agrees to indemnify and hold harmless SSW from and against any and all claims, actions, losses, damages, injuries, liability, costs and expenses of any kind or nature which maybe be instituted against it, howsoever the same may be caused, including but not limited to, personal injury to any person or persons, or damage to property, resulting from or in any way arising out of or connected with the use or misuse of the Website, or any participation or activities conducted through the Website.

  13. Other

    If a court of competent jurisdiction should find any provision of this Agreement to be invalid or unenforceable, such finding shall not affect or impair the validity and enforceability of this Agreement and the remaining provisions. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. The User may not assign this Agreement or the rights and obligations herein. SSW shall have the right to assign its rights and obligations herein without any prior notice. The parties acknowledge that they have required that this Agreement be drafted in English. Les parties reconnaissent avoir exigé que la présente convention soit rédigée en anglais.