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Terms and conditions

Last update: March 4, 2021

About this website

This website is operated by Cycling Association of Yukon (CAY) under the domain names “www.yukoncycling.com” and “www.yukoncycling.ca” (“CAY Websites”).

By using, accessing, viewing or otherwise relying on the information, graphics and materials on the CAY Websites (“Material on this website”) you agree to be subject to these terms of use and the privacy policy.

In addition to the terms in this document, there may also be specific terms governing your use of, and access to, certain sections of the CAY Websites. Those specific terms also form part of these terms of use and you will be bound by them. You should review them wherever they are accessible by you on the CAY Websites.

Links to other websites

The CAY Websites may contain links to other websites operated by third parties (“Third Party Websites”). Any such links are provided for convenience only. CAY does not endorse, approve of or recommend those Third Party Websites, and is not responsible for the information, graphics and material they contain (“Third Party Material”).

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the CAY Websites, such offers and statements are made by CAY on behalf of the Third Party Website operator. CAY expressly disclaims acting in any other respect on behalf of Third Party Website operators.

Subject to any rights at law which cannot be excluded, CAY makes no warranties or representations:

  • About the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or that Third Party Material does not infringe the intellectual property rights of any person.
  • When you follow a link on the CAY Websites, Third Party Material may be displayed in your browser framed by Material on this website. This material is also Third Party Material for the purpose of these Terms of Use.
  • By linking Material on this website to Third Party Material, CAY does not authorize the re-production of Third Party Material. If you download software from a Third Party Website, use of that software may be subject to a licence agreement between you and the Third Party Website operator. To the extent permitted by law, CAY accepts no responsibility or liability for that software.
  • CAY may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from the CAY Websites.

Product information and supply

Material on this website may contain general information about CAY or related party products and services. Unless expressly stated otherwise, this information:

  • Does not constitute an offer or inducement to enter into a legally binding contract; does not form part of the terms and conditions for CAY or related party products and services; and is not intendedto be financial advice and does not take into account any user’s objectives, financial situation or needs.
  • All information is subject to change without notice. CAY recommends that you seek independent advice before acting upon Material on this website or Third Party Material. For further information about a particular product or service please contact CAY by email info@yukoncycling.com.
  • All applications for credit are subject to CAY’s normal credit approval criteria.
  • Unless expressly agreed otherwise, products and services referred to on the CAY Websites will be provided only to Canadian residents. These products and services are generally not available to non-Canadian residents because they may not comply with non-Canadian laws.

Warranties

While we have made every effort to ensure that information is free from error, CAY does not warrant the accuracy, adequacy, suitability or completeness of Material on the CAY Websites.

Use of the CAY Websites is at your own risk. CAY does not guarantee that the CAY Websites or Third Party Websites will be free from viruses, that the CAY Websites will be available, or that access to the CAY Websites or Third Party Websites will be uninterrupted.

You are responsible for taking appropriate precautions for the protection of your computer system and data.

Limitation of liability

Subject to any rights implied by law which cannot be excluded, CAY is not liable to you, whether in contract, tort (including negligence), statute or otherwise, for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, whatsoever arising out of or referable to:

  • Your use of the CAY Websites;
  • Material on this website;
  • Your use of Third Party Websites; or
  • Third Party Material.

CAY’s liability for a breach of a condition or warranty implied by law orotherwise, and which cannot be excluded, is limited to the extent possible, at CAY’s option, to:

  • The supply of the goods or services again;
  • The repair of the goods; or
  • The cost of having the goods or services supplied again or repaired.

Termination

Your use of and access to the CAY Websites may be terminated at any time by CAY without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by CAY will survive termination.

Jurisdiction

Unless otherwise stated, the information on the CAY Websites is provided in compliance with Canadian law and is only intended for persons within Canadian. The CAY Websites may not comply with the laws of countries other than Canada and is not directed at, and should not be relied upon by, persons in any other country.

Copyright and trademarks

Copyright in the Material on this website is owned by or licensed to CAY.

Except where necessary for viewing the Material on this website on your browser, or as permitted under the copyright acts or other applicable laws or these Terms of Use, no Material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without the specific written consent of CAY.

You must not use any trademark displayed on the CAY Websites in any way without our express written consent.

Privacy and the use of the website

CAY does not collect any personal information about you when you use the CAY Websites unless:

  • you provide it to us by completing an online application or online form or supplying us with your email address; or
  • you log on and use the services available on the CAY Websites.

CAY may also use third parties to collect statistical information to measure the effectiveness of our online advertising. Any third party involved in this process will not collect personal information.

If you use a link from the CAY Websites to a Third Party Website, the Third Party Website operator is responsible for the security and privacy of your information when you are viewing that website.

CAY’s collection and use of your personal information is described in the CAY privacy policy. By accessing, viewing or otherwise using this website you agree to be subject to the CAY privacy policy.

Our use of “cookies”

“Cookies” are small files of data that reside on your computer and allow us to recognise you as a CAY Websites user if you return to the CAY Websites using the same computer and browser or otherwise use the CAY Websites.

We and our service providers also use cookies to customise our services, content and advertising; measure promotional effectiveness, and promote trust and safety. You may encounter cookies from other businesses when using websites we do not control. For example, if you view a web page created by someone else or use a website developed by another business, there may be a cookie placed by that web page or application.

Acceptance and changes to terms of use

You acknowledge and agree that your use of the CAY Websites indicates your acceptance of these terms of use and the privacy policy as varied from time to time.

These are the current terms of use. They replace any other terms of use for the CAY Websites published on the CAY Websites to date.

CAY may at any time vary the terms of use by publishing the varied terms of use on the CAY Websites. You accept that by doing this, CAY has provided you with sufficient notice of the variation. Your subsequent use of the CAY Websites constitutes acceptance of the varied terms of use.


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