RETRO ROLLA SKATE CLUB INC.

WEBSITE TERMS OF USE

LAST UPDATED: MARCH 16, 2022

1. OVERVIEW

These Terms of Use form a legally binding contract between RETRO ROLLA SKATE CLUB

INC. ("we" or "us") and the people and companies (“Users” or “you”) that access and use

our website located at susoskateco.com or any related website or mobile platform

controlled by us (collectively, the "Website"). These Terms of Use apply to all services

provided through our Website and any other software application we operate, and all

content, services, and products available at or through the Website.

It is very important that you read and fully understand these Terms of Use before using

the Website. By agreeing to these Terms of Use and using the Website, you are entering

into a legally binding contract which will impact your rights.

By accessing any part of the Website, you agree to be bound by these Terms of Use. You

are also confirming that you have read and fully understood these Terms of Use. If you do

not agree to or understand all of these Terms of Use, then you may not access the Website

or use any services available on the Website.

These Terms of Use should be read in conjunction with the Privacy Policy and any other

rules, guidelines, or policies posted on the Website.

 

 

2. SERVICES AVAILABLE ON THE WEBSITE

Without restriction, we generally offer the following services through the Website:

 

RETRO ROLLA SKATE CLUB INC. is a for profit corporation which exists to improve public access to outdoor recreational experiences and activities. We rent roller skates and protective gear by the hour through our online booking platform, and sell merchandise related to the activity of roller skating. 

The services we offer are subject to change over time. By using the Website, you are

confirming that you have determined that the services are appropriate for your needs. We

do not guarantee that these services meet your needs or that they are suitable for your

specific purposes.

3. PAYMENT PROCEDURES

Payments for services or products available on the Website will be charged to you in

accordance with the policies, procedures, and timelines posted on the relevant sections of

the Website.

For purposes of processing payments, we use the following service provider:

 

STRIPE

 

Before using the Website, you must first review and approve the terms and conditions

governing the use of these third-party payment processors, which are available at the

following website(s): https://www.stripe.com

4. REFUND, EXCHANGE AND SHIPPING POLICIES

Our current policies on refunds, exchanges and responsibility for lost, broken or stolen

products are posted on the Website.

5. TERMINATION

You may cancel these Terms of Use at any time by discontinuing your use of the Website.

6. LIMITATION OF LIABILITY

Except in a case where we are in violation of these Terms of Use, we will not be held liable

for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or

damages of any kind resulting in any way from use of the Website.

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as

available” basis without any warranty or condition, express, implied or statutory. We do

not warrant that your use of the Website will be uninterrupted, secure or error-free.

In no event will we have any liability to you or any third party for any lost profits or

revenues or for any indirect, special, incidental, consequential, or punitive damages

however caused, whether in contract, tort, or otherwise, and whether or not you or the

third party have been advised of the possibility of such damages. In the event the

foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

7. INDEMNIFICATION

You agree to indemnify and hold harmless RETRO ROLLA SKATE CLUB INC., including our

officers, directors, shareholders, employees and agents, from and against any and all

claims and expenses, including legal fees and disbursements, which are made against us

and arise out of your use of the Website, including but not limited to your violation of any

term of these Terms of Use or any other policy posted on the Website.

 

8. SECURITY BREACHES

In order to protect your security, it is your sole responsibility to ensure that all usernames

and passwords used to access the Website are kept secure and confidential.

You must immediately notify us of any unauthorized use of your account, including the

unauthorized use of your password, or any other breach of security.

We will investigate any breach of security on the Website that we determine in our sole

discretion to be serious in nature, but we will not be held responsible or liable in any

manner for breaches of security or any unauthorized access to your account however

arising.

9. WARRANTIES AND REPRESENTATIONS

We hereby disclaim all warranties of any kind, whether express, implied, or statutory,

including but not limited to implied warranties as to merchantability or fitness for a

particular purpose as they relate to the Website.

10. COMPLIANCE WITH LAWS

You represent and warrant that:

 

i. You have the authority to bind yourself to these Terms of Use;

 

ii. Your use of the Website will be solely for purposes that are permitted by these Terms

of Use;

 

iii. Your use of the Website will not infringe or misappropriate the confidentiality or

intellectual property rights of any User or third party; and

 

iv. Your use of the Website will comply with all local, provincial and federal laws, rules

and regulations, and with all policies posted on the Website.

 

You must only use the Website for your own lawful purposes, in accordance with these

Terms of Use and any notice, policy or condition posted on the Website. You may use the

Website on behalf of others or in order to provide services to others but if you do so you

must ensure that you are authorized to do so and that all persons for whom or to whom

services are provided comply with and accept all these Terms of Use.

 

 

11. AGE RESTRICTIONS

 

Users Must be Over the Age of 18. You represent and confirm that you are over the age

of 18. We do not target, market, or promote the Website to those under 18. We do not

permit any User under the age of 18 to use the Website.

 

12. GOVERNING LAW AND DISPUTE RESOLUTION

 

These Terms of Use and any access to or use of the Website shall be governed by, and

construed in accordance with, the laws in force in the Province of Ontario.

If any claim, dispute or controversy occurs between RETRO ROLLA SKATE CLUB INC. and

a User relating to the interpretation or implementation of any of the provisions of these

Terms of Use, such dispute shall be resolved by private, confidential and binding

arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall

be appointed by agreement of the parties or, in the absence of an agreement, such

arbitrator shall be appointed by a judge upon the application of either the User or RETRO

ROLLA SKATE CLUB INC. Arbitration shall be held in the Province of Ontario, unless

otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed

by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration

shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c

17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final

and binding. Judgment upon the award rendered by the arbitrator may be entered in any

court having jurisdiction.

13. WAIVER OF CLASS ACTION

 

By using the Website, you agree to resolve any claim or dispute arising between you and

us on an individual basis, rather than addressing such claim or dispute as part of a group

or class. You hereby waive any right you may have to commence or participate in any class

action lawsuit commenced against RETRO ROLLA SKATE CLUB INC. or its affiliates related

to any claim, dispute or controversy arising from your use of the Website. Where

applicable, you hereby agree to opt out of any class proceeding against RETRO ROLLA

SKATE CLUB INC. otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection

legislation or any other claim or dispute where a waiver of class action lawsuits is

unenforceable at law.

14. GENERAL TERMS

a. AMENDING THESE TERMS OF USE

These Terms of Use may be updated and amended from time to time. We reserve the

right to change these Terms of Use at any time, and any amended Terms of Use are

effective upon posting to the Website. We will make efforts to communicate any

changes to these Terms of Use we deem material, in our sole discretion, via email or

notifications on the Website. Your continued use of the Website will be deemed to be

immediate and unconditional acceptance of any amended Terms of Use, whether or

not we deemed the amendments to be material.

b. ASSIGNMENT

We may assign or delegate these Terms of Use, in whole or in part, to any person or

entity at any time with or without your consent and without prior notice to you.

Users may not assign or delegate any rights or obligations under these Terms of Use,

without our prior written consent, and any unauthorized assignment and delegation is

void.

c. NO WAIVER

No waiver of a provision, right or remedy of this Agreement shall operate as a waiver

of any other provision, right or remedy or the same provision, right or remedy on a

future occasion.

d. NO AGENCY

The parties to these Terms of Use are independent contractors and are not partners or

agents. RETRO ROLLA SKATE CLUB INC. has no fiduciary obligations or professional

obligations whatsoever to you arising from these Terms of Use or your use of the

Website.

e. SEVERABILITY

In the event that any provision or part of this Agreement is found to be void or invalid

by a court of law, the remaining provisions, or parts thereof, shall be and remain in

full force and effect.

f. ENTIRE AGREEMENT

These Terms of Use, in conjunction with all policies and guidelines available on the

Website (including but not limited to any Privacy Policy), incorporated by reference,

constitute the entire agreement between you and RETRO ROLLA SKATE CLUB INC.

and supersede all prior communications, agreements and understandings, written or

oral, with respect to the subject matter of these Terms of Use.

15. QUESTIONS ON THESE TERMS OF USE

 

We welcome you to contact us with any questions on these Terms of Use. You can send

your questions regarding these Terms of Use to the following email address:

suso.skateco@gmail.com

16. ADDITIONAL TERMS

 

The following additional terms and conditions apply to the use of the Website:

RETRO ROLLA SKATE CLUB INC. Terms & Conditions

By booking or participating in any rental with RETRO ROLLA SKATE CLUB INC. (“we” or “us”), you (“you”) and any participant (“participant”) agree to these Terms & Conditions (the “Terms”).

RETRO ROLLA SKATE CLUB INC. Skate Co. is a for profit corporation which exists to improve public access to outdoor recreational experiences and activities.

 

General

 

1. Mandatory Acceptance of Waiver and Agreement

Roller skating has inherent risks including, but not limited to, serious injury or death. All RETRO ROLLA SKATE CLUB INC. Participants must understand, to the best of their ability, their own limits and decide whether or not they are capable of undertaking in the activity.

 

The Waiver and Agreement for participants can be found attached to all booking confirmation emails in the form of a digital waiver:

 

All participants 18 years old or older must read, accept, sign and submit the Waiver to RETRO ROLLA SKATE CLUB INC. staff prior to commencing any RETRO ROLLA SKATE CLUB INC. Experience.

 

2. Refunds & Cancellation Policy

RETRO ROLLA SKATE CLUB INC. and its staff understand that in the normal course of life there are a wide-variety of circumstances which may lead to the need to rescheduling your booking. Refunds will not be given.

 

Our Refund & Cancellation Policy, set out below, is designed to find a balance between flexibility and fairness, while at the same time protecting RETRO ROLLA SKATE CLUB INC. from undue abuse and/or financial losses.

General

If you wish to reschedule your rental, please use the link in your confirmation email to reschedule yourself to a more appropriate time. Approvals for rescheduling requests made with less than 24 hours notice are subject to approval at RETRO ROLLA SKATE CLUB INC.’s sole-discretion. If a reschedule is approved, you may only use it once.

Inclement Weather & Environmental Conditions

All RETRO ROLLA SKATE CLUB INC. Experiences are subject to change or cancellation, at the sole-discretion of RETRO ROLLA SKATE CLUB INC. due to inclement weather and/or environmental conditions. RETRO ROLLA SKATE CLUB INC. will communicate with you about changes and/or cancellations based on the contact information that you have provided to us during registration. If you have booked on behalf of other participants, it is your duty to inform them of any changes which we have communicated to you.

 

In the event of cancellation or interruption of a RETRO ROLLA SKATE CLUB INC. experience due to inclement weather or unsafe environmental conditions, the Experience may be rescheduled, at the sole discretion of RETRO ROLLA SKATE CLUB INC..

 

 

3. Safety Equipment & Protective Gear

RETRO ROLLA SKATE CLUB INC. provides all of the necessary equipment for

roller skating. If Participants forgo or remove protective gear, including but not

limited to helmets, knee pads, elbow pads, and wrist guards, while carrying out

the activities they do so at their own risk.

4. Arriving on Time

 

Participants agree to arrive on-time to begin their RETRO ROLLA SKATE CLUB INC. Experience. Participants must plan transportation and parking accordingly.

RETRO ROLLA SKATE CLUB INC. participants must be prepared to forfeit their experience without refund if they arrive late.

 

 

5. Images and Marketing

Participants agree that, while participating in any RETRO ROLLA SKATE CLUB

INC. Experience, images, photos or videos may be taken by others, RETRO

ROLLA SKATE CLUB INC. or its agents or representatives that may contain or

feature you. You consent to any such pictures being taken and grant a perpetual,

royalty-free, worldwide, irrevocable license to RETRO ROLLA SKATE CLUB INC.,

RETRO ROLLA SKATE CLUB INC.’s staff, contractors, sub-contractors and

assigns, to reproduce for any purpose whatsoever (including marketing,

promotions and the creation of promotional materials by or with sub-licensees),

in any medium whatsoever, whether currently known or hereinafter devised,

without any further obligation or compensation payable to you.

6. No Responsibility for Theft, Loss or Damage to Personal Belongings

RETRO ROLLA SKATE CLUB INC. and/or RETRO ROLLA SKATE CLUB INC. staff

are not responsible for theft, loss or damage to any personal belongings.

 

RETRO ROLLA SKATE CLUB INC. may provide on land facilities for participants

to store personal belongings, however, RETRO ROLLA SKATE CLUB INC. does not

assume any risk or liability for theft, loss or damage.

 

Participants must plan accordingly when deciding which personal belongings to

bring to RETRO ROLLA SKATE CLUB INC. experiences.

 

 

7. Booking on Behalf of Others

 

Note: For assistance with group bookings we encourage you to contact RETRO

ROLLA SKATE CLUB INC. at susoskateco@gmail.com.

By booking on behalf of other participants, you are deemed to be the designated

contact person for every participant included in that booking. This means that you are responsible for making all payments due in connection with the booking, notifying RETRO ROLLA SKATE CLUB INC. of any changes or cancellation requests and keeping your party informed.

By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents, acknowledgements and agreement to RETRO ROLLA SKATE CLUB INC.’s Terms & Conditions. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and that RETRO ROLLA SKATE CLUB INC. will under no circumstances be liable for any errors or omissions in the information provided by you to complete a booking.

 

By booking on behalf of another person or persons, you agree to assume

responsibility for equipment lost or damaged by those persons.

8. Not-for-Resale & Non-Transferrable

 

The first and last name for each participant must be provided at the time of booking. Bookings, in whole or in part, are not-for-resale & non-transferrable without the prior written authorization of RETRO ROLLA SKATE CLUB INC..

Requests to resell RETRO ROLLA SKATE CLUB INC. Experiences or to transfer a

booking, in whole or in part, must be made in writing to suso.skateco@gmail.com and are subject to approval at RETRO ROLLA SKATE CLUB INC.’s sole-discretion.

Any attempt to resell or transfer any booking, in whole or in part, without the prior written authorization of RETRO ROLLA SKATE CLUB INC. may result in all or part of the booking being forfeited without refund at RETRO ROLLA SKATE CLUB INC.’s sole-discretion.

 

9. Right to Refuse Participation

 

RETRO ROLLA SKATE CLUB INC. reserves the right to refuse participation of any group or individual, for any reason, at any time. In addition, at the sole discretion of RETRO ROLLA SKATE CLUB INC. staff, participation may be refused to any group or individual, with or without refund, who are deemed by RETRO ROLLA SKATE CLUB INC. staff to be intoxicated, a risk to themselves or others, a risk to the integrity of RETRO ROLLA SKATE CLUB INC. equipment, and/or behave in a fashion which jeopardizes the experience and enjoyment of other participants.

10. Errors & Omissions

 

RETRO ROLLA SKATE CLUB INC. takes reasonable efforts to provided accurate

and up-to-date information to potential customers and to participants. However,

RETRO ROLLA SKATE CLUB INC. does not assume any liability for errors and/or

omissions in any information provided.

11. Allotted Time

 

Rentals are charged by each full hour. If participants arrive past the allotted

time that they have signed up for, they may, at RETRO ROLLA SKATE CLUB

INC.’s sole discretion, be charged for that full hour.

12. Route and Time of Return

 

For all rentals, a verbal agreement must be made between the RETRO ROLLA

SKATE CLUB INC. staff member on duty and the participant(s) including

information on the route they will be taking, estimated time of return and any

other information deemed important to ensure the safety of the participant and

equipment. If a RETRO ROLLA SKATE CLUB INC. staff member requests the

equipment to be returned by a certain time, the participant must comply.

13. Level of Experience

 

If the RETRO ROLLA SKATE CLUB INC. staff member decides that the

participant is not fit to undertake in a rental, the participant must comply. A

refund may or may not be given be given at the sole discretion of RETRO ROLLA

SKATE CLUB INC..

14. Damages

 

The participant agrees to pay for any damages or losses to RETRO ROLLA SKATE

CLUB INC. equipment incurred by them. If any participant in a group or single booking steals, loses or damages equipment, RETRO ROLLA SKATE CLUB INC. has the right to charge the credit card on file for the associated booking for the amount to repair or replace the equipment. For walk-in experiences, a valid credit card with matching identification will be held as collateral by RETRO ROLLA SKATE CLUB INC. while the participant is renting equipment.

15. Commitments

 

Each Participant must commit to the general policies, rules and operating procedures as set out by RETRO ROLLA SKATE CLUB INC.. Participants must act in a safe and responsible manner at all times while in the vicinity. Participants are expected to adhere to all local laws, rules and regulations. Participants must

treat one another with dignity, inclusivity & respect and contribute to a safe,

violence & harassment free environment.

17. CONFIRMATION OF AGREEMENT TO TERMS OF USE

BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.