Terms of Service

Active Vancouver
https://activevancouver.ca
Effective Date: January 1, 2025

These Terms of Service (the “Terms”) are entered into between you (“you” or “your”) and Active Vancouver (“Active Vancouver”, “we”, “us”, or “our”), and apply to the Active Vancouver website at https://activevancouver.ca (the “Website”) and any related services, including but not limited to browsing activities, maintaining a bucket list, and accessing the local business catalogue (collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE, INCLUDING SIGNING UP OR LOGGING IN VIA THIRD-PARTY AUTHENTICATION (E.G., GOOGLE), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICE.

IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THESE TERMS, AND “YOU” AND “YOUR” REFER TO THAT ORGANIZATION.

1. Description of the Service

Active Vancouver operates as a free online platform designed to connect users (“Users”) with local activities in Metro Vancouver. Users may browse activities, save them to a personal bucket list via a dashboard, and access a catalogue of local businesses (“Businesses”) offering activities or services. Businesses may list their activities or services in the catalogue at no cost. Active Vancouver also partners with sponsors (“Sponsors”) who pay for promotional visibility on the Website to enhance their exposure.

2. Access to the Service

2.1 Eligibility

You must be at least 19, the age of majority in British Columbia, to use the Service. By using the Service, you represent and warrant that you have the legal capacity to enter into and comply with these Terms.

2.2 Accounts and Login

Accessing certain features, such as saving activities to a bucket list, requires an account (“Account”) created via third-party authentication, currently Google. Additional third-party authentication options may be added in the future. You are responsible for maintaining the confidentiality and security of your login credentials and for all activities under your Account. Active Vancouver may access your email address associated with your Account for operational purposes, such as user support or service notifications. You must promptly notify Active Vancouver at [email protected] of any unauthorized use of your Account. We may suspend or terminate your Account if we believe, in our sole discretion, that it is unsecure or has been used inappropriately. Active Vancouver is not responsible for issues arising from third-party authentication services.

2.3 Right to Use

Subject to these Terms, Active Vancouver grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to access and use the Service for personal or organizational purposes.

2.4 Business and Sponsor Requirements

Businesses listing in the catalogue or Sponsors seeking promotional visibility must provide accurate, complete, and current information as requested by Active Vancouver. We reserve the right to verify the identity and credentials of Businesses and Sponsors and may deny or revoke access if verification is unsatisfactory.

3. User Conduct

You agree not to:

Provide false or misleading information to Active Vancouver.
Use the Service to harass, abuse, or harm others, including by posting defamatory, offensive, or unlawful content.
Use automated systems (e.g., bots, spiders) to access the Service.
Reverse engineer, decompile, or attempt to circumvent the Service’s security features.
Reproduce, modify, or distribute the Service or its content without permission.
Engage in any activity that disrupts the Service or others’ use of it.
Use the Service to promote illegal activities or infringe third-party rights (e.g., copyrights, trademarks).

Active Vancouver may suspend or terminate your access to the Service, without notice, for any violation of these Terms or for any other reason at our sole discretion.

4. Sponsorships

Sponsors who pay for promotional visibility agree to provide content that complies with applicable laws. We reserve the right to reject or remove promotional content that is misleading, offensive, or otherwise inappropriate, at our sole discretion.

5. Privacy and Data

Your use of the Service is governed by our Privacy Policy, available once published at https://activevancouver.ca/privacy. By using the Service, you represent that you comply with applicable privacy laws and have the right to share any personal data you provide, including through third-party authentication. If you disagree with the Privacy Policy, you must immediately stop using the Service and contact us at [email protected].

6. Intellectual Property

6.1 Active Vancouver’s Rights

Active Vancouver retains all right, title, and interest in the Service, including its design, content, trademarks, and underlying technology. These Terms do not grant you any ownership or rights in the Service beyond the limited license to use it.

6.2 User and Business Content

You retain ownership of any content you upload to the Service (e.g., activity descriptions, images) (“User Content”). By uploading User Content, you represent and warrant that you have all necessary rights, licenses, or permissions to share such content and grant Active Vancouver a non-exclusive, worldwide, royalty-free, irrevocable license to use, display, modify, reproduce, and distribute such content as necessary to provide and promote the Service. Active Vancouver may use images from Businesses, government sites, or other sources believed to be provided for promotional purposes, but you acknowledge that such content may be subject to third-party copyright and agree to promptly address any related claims.

6.3 Feedback

If you provide feedback, reviews, or comments about the Service or listed activities (“Feedback”), you grant Active Vancouver a non-exclusive, worldwide, royalty-free, irrevocable license to use and publish such Feedback for promotional or operational purposes. You agree that Feedback is voluntary and does not contain confidential or third-party proprietary information.

7. Limitation of Liability

7.1 Disclaimer

The Service is provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. Active Vancouver does not guarantee that the Service will be uninterrupted, error-free, or free from harmful components, nor do we warrant the accuracy or reliability of any content provided by Businesses or Sponsors.

7.2 Limitation of Liability

To the fullest extent permitted by law, Active Vancouver and its affiliates, officers, directors, and agents shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the Service, including but not limited to damages for loss of data, profits, or goodwill. If this limitation is unenforceable in your jurisdiction, our maximum aggregate liability shall not exceed CAD $1,000.

7.3 Indemnity

You agree to indemnify and hold Active Vancouver harmless from any claims, losses, or damages arising from your use of the Service, including claims related to your violation of these Terms, infringement of third-party rights (e.g., copyright claims related to User Content), or failure to comply with applicable laws.

8. Dispute Resolution

8.1 Informal Resolution

If you have a dispute with Active Vancouver, you agree to first contact us at [email protected] with a written description of the issue. Both parties will attempt to resolve the dispute through good-faith negotiations within 30 days before pursuing formal action.

8.2 Binding Arbitration

If the parties cannot resolve the dispute within 30 days, any disputes or claims shall be resolved by confidential, final, and binding arbitration conducted in the Province of British Columbia and administered by the Vancouver International Arbitration Centre (VanIAC) pursuant to its applicable rules. Arbitration fees and your share of the arbitrator’s compensation shall be governed by VanIAC rules. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL, EXCEPT AS LIMITED BY APPLICABLE LAW.

9. General Provisions

9.1 Term and Termination

These Terms are effective from the date you first use the Service (the “Effective Date”) and continue until terminated. You or Active Vancouver may terminate your access at any time. Upon termination, you must cease using the Service, but Sections 3 to 8 will survive.

9.2 No Partnership

These Terms do not create a partnership, joint venture, or employment relationship between you and Active Vancouver. Businesses and Sponsors are independent contractors.

9.3 Severability

If any provision of these Terms is found invalid or unenforceable, it will be modified to the extent necessary to make it enforceable, and the remaining provisions will remain in effect.

9.4 Force Majeure

Neither party is liable for failure to perform due to events beyond their reasonable control (e.g., natural disasters, government actions), except for payment obligations.

9.5 Assignment

Active Vancouver may assign these Terms without your consent. You may not assign these Terms without our written consent.

9.6 Entire Agreement

These Terms, together with the Privacy Policy (once available), constitute the entire agreement between you and Active Vancouver regarding the Service, superseding any prior agreements.

9.7 Updates

Active Vancouver may update these Terms at any time. We will notify you of material changes, and your continued use of the Service constitutes acceptance of the updated Terms. Non-material updates (e.g., clerical changes) are effective immediately upon posting on the Website.

10. Contact

For questions or concerns about these Terms, contact us at [email protected].