Definitions
These Terms and Conditions cover all policies related to any kind of product, service or membership purchased through Red Deer Fish and Game Association (RDFGA) website, reddeerfishandgame.com/. Membership is constituted when a Buyer purchases one or more of the products/services/memberships made available on this website.
When referencing products, services or memberships throughout this document, we are referring to all the following:
- Membership products/services that are purchased from reddeerfishandgame.com/ including RDFGA Memberships (regular, youth, family or upgrades)
- Merchandise products that are purchased by a customer including books, prints, merchandise, clothing, tickets, raffles, donations and others.
When referencing account holders, we are referring to the accounts created on the website resulting from the purchase transaction for one or more of the above products. Membership accounts (along with copies of purchase orders, data inputted by Buyer and printable membership Cards) and email confirmations will be provided as proof of purchase details. These are provided to the Buyer.
Buyers references in these Terms and Conditions are defined below:
- Individual Buyers who purchase merchandise products are referred to as Buyers.
- Individual Buyers who purchase direct memberships for themselves and/or their family members are also referred to as Buyers.
Buyer Responsibility
The associated responsibility of the Buyers transacting purchases online from reddeerfishandgame.com/ are defined below:
- All Buyers must be over 18 years of age at time of purchase except in the case of buying a Youth Membership in which case the Buyer must be over 11 years of age at time of purchase.
Purchase Transaction & Account Holder Accuracy Terms
- The Buyer must not enter any data that is false, incorrect or inaccurate as it will have an impact on many systems in place that use it to process membership services.
- The Buyer will become the associated account holder, and as such, must keep all information on file up to date and accurate on behalf of all parties they represent.
- The Buyer will not create fictitious or duplicate accounts of any kind.
- The Buyer will exercise due care and attention to protecting the account’s security by keeping all login credentials safeguarded from others without authority.
Third-Party And Legislative Body Agreements
To provide RDFGA members and account holders with quality and compliant services, RDFGA relies on several third-party providers and legislative bodies who together with RDFGA and one another provide various membership services/support/administration and membership software services/administration/support. In all these cases, RDFGA works with these third parties and legislative bodies on behalf of RDFGA members to continually improve their membership services and compliance. In doing so, RDFGA on an ongoing basis, agrees to various Third-Party and Legislative Body terms and conditions on behalf of the Club Members.
Third-Party terms and conditions may include: code of conduct policies, data privacy policies, opt-in/opt-out policies, legislative/legal/regulatory policies, industry standard practice agreements, support & maintenance agreements, payment gateway policies, and others. RDFGA will exercise care in determining and selecting which of these provide a service benefit that outweighs a policy cost on behalf of all members. And in some cases, RDFGA will provide access to methods of opt-out of these policies and/or deletion of accounts created on behalf of the RDFGA member if they deem it prudent or necessary. RDFGA will also give access to some of these agreements if they deem it necessary. But RDFGA is by no means obligated to disclose any or all of these as all Clubs and Club Roster Members have the choice of purchasing or not.
If you disagree with these terms, DO NOT complete this purchase transaction.
Links To Relevant Third-Party Agreements
Some, but not all third party terms and conditions agreements are listed below along with links to significant pieces of those agreements in their current state. As a Buyer, it is your responsibility to read these. If these are found to be unacceptable by you, please DO NOT complete this purchase transaction.
System Emails (for reddeerfishandgame.com/ Membership website):
RDFGA will use the email addresses provided by all users of reddeerfishandgame.com/ to send important emails pertaining to their membership account (e.g. links for password changes, emails regarding purchase orders and financial transactions, changes to system functions, etc.). This email address is critical to the functioning of the membership system and will therefore NOT be omitted for any reason whatsoever. The only method of eliminating this email address from the RDFGA user list is to completely remove the account or to change the email to something completely different. This can only be done through RDFGA member administrator. If you need to change it, please contact RDFGA.
Email and Marketing Third-Party Provider (Mail Chimp):
RDFGA will use the email marketing and communication services offered through Mail Chimp to provide better quality membership communication services. RDFGA gives Members the ability to Opt-Out of these services by selecting the “unsubscribe” link at the bottom of each email and following the instructions provided. This will suspend their account.
https://mailchimp.com/legal/terms/
https://mailchimp.com/legal/privacy/
Access And Use Of Data Collected
When you agree to these Terms and Conditions, you agree to grant RDFGA unlimited and unfettered access to use all data collected. RDFGA will use this data at their sole discretion for company purposes including, but not limited to: hardware management, software management, communications management, third-party management, training and administrative management, marketing and sales purposes, legal purposes, public relations purposes, technical support, data integration with third parties and anything else that provides benefits to RDFGA or to the members of reddeerfishandgame.com/ as determined by RDFGA on their behalf.
You can read more on RDFGA’s Data Privacy Policy by clicking the link to this policy at the bottom of every page on the reddeerfishandgame.com/ website.
Amendments
RDFGA will notify account holders (club account holders and direct members) when changes have been made to these Terms and Conditions to give them the opportunity to review and comment on the revised Terms and Conditions before continuing to use their services. Your continued use of the reddeerfishandgame.com/ services, following notice of the changes to the Terms and Conditions, policies or guidelines, constitutes your acceptance of those amended Terms and Conditions, policies or guidelines. You will need to delete your account immediately upon receiving the new Terms and Conditions if they are not acceptable to you. New Terms and Conditions go into effect immediately upon reddeerfishandgame.com/ posting them to website (after notification to account holders).
Termination
If you violate the letter or spirit of these Terms and Conditions, or otherwise create risk or possible legal exposure for RDFGA, your account could be deleted or suspended indefinitely. If this occurs or you chose to terminate or delete your account, you are bound to all these Terms and Conditions for a period of 7 years after that.
Disputes
The laws of the Province of Alberta will govern these Terms and Conditions, as well as any claim that might arise between you and RDFGA, without regard to conflict of law provisions.
Use At Own Risk
RDFGA will always act in good faith to keep reddeerfishandgame.com/ up, bug-free, and safe, but you use it at your own risk. They are providing reddeerfishandgame.com/ as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. They do not guarantee that reddeerfishandgame.com/ will always be safe, secure or error-free or that reddeerfishandgame.com/ will always function without disruptions, delays or imperfections. They will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with these Terms and Conditions or reddeerfishandgame.com/, even if they have been advised of the possibility of such damages. In any case, RDFGA’s aggregate liability arising out of these Terms and Conditions or reddeerfishandgame.com/ will not exceed the greater of one hundred dollars ($100) or the amount you have paid RDFGA in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, RDFGA’s liability will be limited to the extent permitted by applicable law.
Disclaimer Of Warranties
RDFGA provides the service, website, and all content and materials available on or through the service “as is,” “with all faults,” and “as available.” You agree that any use of or reliance upon their service, including any of the information, content, and other materials or third-party services available on or through the service, by you is at your sole risk. To the maximum extent permitted by applicable law, RDFGA makes no (and specifically disclaim all) representations or warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, any warranty that access to the service, any third-party services, or any content stored on or through the service, will be uninterrupted, error-free or free of harmful components, that the service, any third-party services, and any content will be secure or not otherwise lost, corrupted or damaged, and RDFGA disclaims all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement, and any warranty arising out of any course of performance, course of dealing or usage of trade. Some jurisdictions do not allow the foregoing exclusion, and as a consequence such exclusion may not apply to you but only to the extent prohibited by applicable law.
Other
Regardless of your place of residence, these Terms and Conditions serve as an agreement between you and Alberta Fish and Game based out of Edmonton, Alberta, Canada. These Terms and Conditions makes up the entire agreement between the parties regarding reddeerfishandgame.com/, and supersedes any prior agreements. If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect. If RDFGA fails to enforce any of these Terms and Conditions, it will not be considered a waiver. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by RDFGA. You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without their consent. All of their rights and obligations under these Terms and Conditions are freely assignable by them in connection with a merger, acquisition, granting of a franchise license, or sale of assets, or by operation of law or otherwise. Nothing in these Terms and Conditions shall prevent them from complying with the law. They reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing reddeerfishandgame.com/.
Your Responsibility
You understand that Alberta Fish and Game, its affiliates, subcontractors, partners and licensors, and all of RDFGA’s and their respective officers, directors, employees, agents, licensors, suppliers are not responsible for any claims, losses, damages, liabilities, costs or expenses, arising out of or resulting from any breach of these Terms and Conditions or any third-party Terms by you.
Claims
To the fullest extent permitted by applicable law, in no event will RDFGA, its affiliates, vendors, partners, licensors and their respective owners, officers, employees, agents, third parties, vendors and licensors be liable for any indirect, consequential, incidental, special, punitive or exemplary damages (including, without limitation, damages for lost profits, or loss of revenue, goodwill, loss of use, loss of data or content) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise, even if RDFGA has been advised as to the possibility of such damages in advance. Without limiting the foregoing to the fullest extent permitted by applicable law, the maximum aggregate liability of RDFGA, its affiliates, vendors, partners, licensors and their respective officers, employees, agents, vendors or licensors, to you for direct damages caused by the service or any other claims by you made under these terms, however caused, under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise, will not exceed one hundred dollars ($100) or the amount you have paid RDFGA in the past twelve months immediately preceding the claim. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. The Terms and Conditions of this section prevail notwithstanding anything that may be construed to the contrary elsewhere in these Terms and Conditions. The parties agree that the above provisions fairly allocate the risk between the parties, without which they would not have entered into these terms. Some jurisdictions do not allow the foregoing limitation or exclusion of liability in contracts with consumers, and as a consequence this limitation or exclusion may not apply to you to the extent prohibited by applicable law.
Assignment Or Transfer
We may assign, transfer, or otherwise dispose of our obligations under these Terms and Conditions, in whole or in part, at any time without notice. We may also assign these Terms and Conditions you’ve agreed to with third parties for any or no reason. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms and Conditions, in whole or in part, at any time. These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties and their heirs, permitted successors and assigns.
Section Titles
The section titles and headings in these Terms and Conditions are for convenience only and shall not be considered in its interpretation or having any legal or contractual effect whatsoever.
Severability
If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, you and RDFGA agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect our original intentions, and that the remaining provisions shall remain in full force and effect.
