Zone4 Terms of Service

Zone4’s goal is to serve your club’s registration and data needs to the best of our ability and to make as many of the tasks that consume valuable time as easy as possible. We take both privacy and security very seriously and we work hard to maintain them for your club’s information and all your registrant and member data. We do not share, sell, or give away your information or your clubs information to third parties not authorized by you. We don’t send out any spam. The only e-mails sent from Zone4 are for specific purposes which are intrinsic in the functioning of the system such as change-logs, remittance information, and receipts. We will be an open and transparent company. We communicate openly and freely with our clubs and users. We endeavor to quickly reply to all communication and do our best to address all questions and requests.

Thank you for using Zone4 Systems.

Dan Roycroft

Agreement & Privacy Statement

1. ACCEPTANCE OF TERMS

Zone4 System provides its services to you (both the company and its services being hereafter referred to as "ZONE4"), subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.zone4.ca/about/tos. In addition, when using ZONE4, you and ZONE4 shall be subject to any guidelines or rules applicable that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

You will not hold ZONE4 responsible for Zone4 Licence Holder’s (herein referred to as Clubs) content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of registration events, the truth or accuracy of club’s content, listings, or ability to perform, or actually complete a transaction.

2. DESCRIPTION OF ZONE4

ZONE4 provides a framework for Licenced Clubs to build and host registration events, time races, and post results. Zone4 Systems includes the Zone4 Club Registration System, the Zone4 Race Timing Software, and the Divisional Membership System. Zone4 utilizes automated processes that put all of the control into the hands of the Clubs. Online Race Registration events and Result Postings are posted by Clubs through an automated interface with the race timing program. Clubs are responsible for result corrections and online registration changes.

3. PAYMENT PROCESSING INFORMATION

There are two types of credit card payment processing options when using ZONE4: A). Club Merchant Accounts (collecting registration fees using club’s own merchant account) and B). Zone4 Merchant Account (collecting payments through Zone4’s own processing gateway and having Zone4 send the collected money to the club by cheque).

  1. Club Merchant Accounts

    Clubs that own their own merchant account through a third party merchant account provider are responsible for all direct costs and maintenance requirements as defined by the merchant account provider. The relationship between you and your merchant account provider is outside the terms of this TOS and the terms of this TOS shall not in any way supersede the terms of any other service provider, nor shall the terms of service of any other service provider supersede the terms of this TOS with respect to the SERVICE.

    Zone4 is granted the rights to process transactions through your merchant account as defined in your registrations. Zone4 also maintains the right to run both test and live transactions on your account for testing and quality assurance purposes. Zone4 will also run debit/refund transactions on your account in order to collect processing fees which is defined as $1 per Individual record or $1 per cart record for cart-only registrations.

    You will collect all transaction fees through your own merchant account and will have those fees deposited into your club’s bank account. You accept the responsibility to provide refunds to registrants at your own discretion and according to your own policies. ZONE4 will not be held liable for refunds or lack thereof. Clubs are responsible to maintaining their relationship with their merchant account provider and paying all applicable fees as required.

  2. Zone4 Merchant Account

    When payment processing occurs directly by ZONE4 using Zone4’s own merchant account, it is necessary that ZONE4 and registrants transact through payment gateways which can be either WorldPay or Caledon Card Services and such transactions are subject to the applicable Gateway Terms of Use of those services.

    ZONE4 will collect all monies on behalf of the club ("You") and deduct all applicable service charges from registration fees as defined here: http://www.zone4.ca/FAQ.asp?ID=4. ZONE4 will transfer all payments to you (registration monies minus service charges) at the bank account that you accurately provide in your Club Services account under Club Settings -> Contact / Address Info. Zone4 remits collected funds approximately every 2 weeks. We usually remit more often when your registration volume is high, and less often when it slows down. We keep a flexible schedule so that we can best respond to different types of registrations as some are really busy in the first few days in which case we may remit after just a few days or a week, while race type events don't often pick up till the final few days so we remit as soon as race registrations close. We reserve the right to withhold funds at any time as we determine to be necessary for the processing and settlement of all returns, disputed charges, and other discrepancies. All sales, fees, charges, and funds are payable in CAN Dollars.

    Zone4 handles all refunds according to the specific refund policies of each registration. It is the club's responsibility to define registration specific refund policies and Zone4 will ensure these policies are followed. Zone4 understands the refund policy for different types of events vary because the nature of the program and events differ. Some race registrations specify "No Refunds" because the costs to the club are the same regardless of whether and other reasons for cancellation. For cancelled races, quite often re-scheduling occurs and a new date made available with either refund or deferment options provided to those that can't attend make the new date. Zone4 is in charge of administering these refund and deferment requests. Club memberships and program registrations may allow partial refunds depending on when the request is made and the circumstanced of the refund request. These refund requests will be handled by Zone4 in consultation with both the customer and the host club.

    In the event of chargebacks and credit card disputes, Zone4 will contact the registrant on your club’s behalf and work to resolve the issue. The “Chargeback Request-for-Information” process usually involves the registrant having to submit signed acknowledgment of the transaction and Zone4 submitting that information in defense. Any credit card dispute that leads to an irreversible chargeback will be followed up to the club for further resolution.

4.

Upon receipt of a credit card authorization from each individual registration, ZONE4 generates a confirmation message and issues an email receipt with a unique Receipt number. You agree to unconditionally accept, honor, and fulfill all registration commitments that have been confirmed by ZONE4. It is Your responsibility to verify the customer's membership status, confirmation number, and/or any event restrictions prior to honoring any purchase.

5. FURTHER SERVICE UNDERSTANDINGS

Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that ZONE4 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

6. YOUR REGISTRATION AND CLUB OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about your club in your Club Settings -> Contact / Address Info section and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZONE4 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZONE4 has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof.)

7. ACCOUNT, PASSWORD AND SECURITY

You are assigned a password when granted a Zone4 Licence and it is your club’s responsibility to maintain and change that password as needed in your Club Settings -> Contact / Address Info section. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and Club Services account. You agree to (a) immediately notify ZONE4 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ZONE4 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

8. CONDUCT

In using the ZONE4 Services, you understand that you are liable for all information, in whatever form, (Information) you make available to your customers. You agree not to use the Service to:

  1. Upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Harm minors in any way
  3. Impersonate any person or entity, including, but not limited to, a ZONE4 representative, credit card company representative, banking personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
  5. Upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
  8. Upload, post, email, transmit or otherwise make available any material that contains software viruses, any unauthorized scripting code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  10. Intentionally or unintentionally violate any applicable local, provincial, national or international law
  11. Stalk or otherwise harass another.

You acknowledge that although ZONE4 may review your registration information, such review does not constitute a guarantee of its correctness and does not ensure any Content working in coordination with the Service, but that ZONE4 and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that ZONE4 may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ZONE4, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. INDEMNITY

You agree to indemnify and hold ZONE4, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.

11. MODIFICATIONS TO SERVICE

ZONE4 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. ZONE4 will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that ZONE4 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that ZONE4, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, misuse of service, failure to timely pay any fees or other moneys due ZONE4, or if ZONE4 believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ZONE4 may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ZONE4 may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ZONE4 shall not be liable to you or any third-party for any termination of your access to the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ZONE4 has no control over such sites and resources, you acknowledge and agree that ZONE4 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ZONE4 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

14. ZONE4'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ZONE4, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. ZONE4 grants your club a non-transferable and non-exclusive right and license to use the software code provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by ZONE4 for use in accessing the Service.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ZONE4 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. ZONE4 MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZONE4 OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZONE4 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZONE4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.

18. RELEASE

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

19. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is 205-820 Main Street Canmore, AB. T1W 2B7

20. TRADEMARK INFORMATION

ZONE4, trademarks and service marks, and other ZONE4 logos and product and service names are owned by and /or trademarks of ZONE4 (the ZONE4 Marks). Without ZONE4's prior permission, you agree not to display or use in any manner, the ZONE4 Marks.

21. GENERAL INFORMATION

  1. Entire Agreement. The TOS constitutes the entire agreement between you and ZONE4 and governs your use of the Service, superseding any prior agreements between you and ZONE4. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.
  2. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the province of Alberta, CANADA as such laws are applied to agreements entered into and to be performed entirely within Alberta by Alberta residents.
  3. C. Invalid Provisions. The failure of ZONE4 to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
  4. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  5. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of the TOS to Zone4 immediately.

23. ZONE4 PRIVACY POLICY

This is the privacy policy applicable to Clubs. For the privacy policy applicable to registrants and users of Zone4’s public facing website, please see the Privacy Policy Link on the bottom of Zone4’s site.

  1. Licence Application

    In order to use Zone4 services, clubs must first complete the licence application form. During this application clubs are required to province contact information (such as email address). All of the information that you provide during the application can be modified afterward in your Club Settings -> Contact / Address Info area with the exception of your ClubName. Only Zone4 or Reporting Module administrators can change the club name for security and notification purposes.

  2. Cookies

    A cookie is a piece of data stored on the user's hard drive containing browser or session specific information so that you can access pages in your Club Services account. Cookies are an integral part of the proper functioning of the site.

  3. Links

    This web site contains links to other sites. Please be aware that we, ZONE4, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by ZONE4 at this Web site.

  4. Security

    All financial transactions occur on secure, SSL protected Gateway servers. This web site takes every precaution to protect our users' information. When users submit sensitive information via the web site, your information is protected both online and off-line. Zone4 follows PCI Compliance guidelines and does not store credit card information in any way.

  5. Supplementation of Information

    In order for this web site to properly fulfill its obligation to our Customers, it is necessary for us to supplement the information we receive with information from 3rd party sources such as WorldPay or Caledon Card services. This information is not shared with any additional outside parties.

  6. Site and Service Updates

    We also may need to occasionally send Clubs service announcement updates. Clubs are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.

  7. Notification of Changes

    If we decide to change our privacy policy, we will post those changes on our web site so our Customers are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.