Subscription Terms and Conditions – Medieval Faires & Artisan Markets in Canada

Calgary Medieval Faire & Artisan Market standard subscription terms and conditions

1. Scope and use of the subscription

The subscription grants the Customer (being the legal entity that has taken out the subscription) the right to use Calgary Medieval Faire & Artisan Market’s system and services (“the Services”). The subscription may not be used by other people or organizations.

2. Acceptance of the subscription

The subscription terms for the Services are accepted by the Customer by submitting the Online Marketplace form found on the Calgary Medieval Faire & Artisan Market website. The submitted form and with these terms and conditions will be the “Agreement”.

3. Duration and termination of the subscription

In the case of fixed-term subscriptions, the contract ends when the term of the contract expires or the contract is cancelled. Minimum term subscriptions continue as open-ended subscriptions when the minimum subscription period ends. The minimum period for a subscription is 12 months.
Cancellation is possible up to four weeks before the end of the subscription period. Cancellation notices received after that are considered on the next termination date.
The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
All cancellation notices must be via email to gail@calgarymedievalfaire.com

The Customer may terminate any subscription free of charge within two weeks of placing the first order for the subscription. Calgary Medieval Faire & Artisan Market shall (without prejudice to any other rights or remedies it may have) be allowed to terminate the subscription immediately without giving the Customer prior notice if the Services or subscription is misused (including, but not limited to, use by other people or organizations).

In the event of the Customer filing for bankruptcy, the subscription will be terminated, and all Services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.

4. Price and payment terms

The charges are listed on the submission form. Calgary Medieval Faire & Artisan Market guarantees that no price increases will be introduced for the Services ordered at the time of commencement of the subscription without a four week notice allowing the Customer to cancel prior to the increase.

Payments are automatic and will be applied on the dates established on submitting the online form.

Should a payment be declined, the Customer will be notified and given 24 hours to make the payment. If the Customer fails to make the payment, his or her logo will be immediately removed from the Online Marketplace. Should the Customer make payment after the 24 hours, his or her logo will be put back on the page at the bottom of the queue.

Calgary Medieval Faire & Artisan Market will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services.

6. Operating stability

Calgary Medieval Faire & Artisan Market aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, Calgary Medieval Faire & Artisan Market aims to re-establish normal operations as quickly as possible.

7. Maintenance of the System

Calgary Medieval Faire & Artisan Market is entitled to make operational changes to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some circumstances, it may be necessary to suspend access to the Services, usually between 9pm and 6am MST. Notice of such a suspension will be given to the Customer in advance. Calgary Medieval Faire & Artisan Market will not be responsible for any consequences of such a suspension where notice has been given.

8. Liability of Calgary Medieval Faire & Artisan Market

Calgary Medieval Faire & Artisan Market has taken reasonable measures to ensure that the Services are virus-free but no warranty is given that the Services are free from infection from viruses etc., and Calgary Medieval Faire & Artisan Market shall have no liability if this is not the case. To the extent permitted by law, Calgary Medieval Faire & Artisan Market disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or fitness for any particular purpose.

Calgary Medieval Faire & Artisan Market shall not be liable to the Customer for any loss or damage caused (including business interruption) arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of Calgary Medieval Faire & Artisan Market, its employees, agents or authorized representatives, for which no limit applies, Calgary Medieval Faire & Artisan Market’s liability will be limited to the lesser of the value of payments made by the Customer for the period of 12 months before the occurrence of the incident giving rise to the liability or $1,000 (one thousand US dollars).

9. Confidentiality

Calgary Medieval Faire & Artisan Market has taken the necessary technical and organizational security measures to prevent information saved by the Service from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in any way.

Calgary Medieval Faire & Artisan Market is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.

10. Marketing

Calgary Medieval Faire & Artisan Market shall be entitled to refer to the Customer and the Services provided in its marketing, including a brief description of such services.

11. System changes and feature updates

Calgary Medieval Faire & Artisan Market informs its users on the Calgary Medieval Faire & Artisan Market GO self-service platform about system changes, feature updates, and other technical news by e-mail. Therefore, all registered users on the Calgary Medieval Faire & Artisan Market GO self-service platform accept that they are added to the technical newsletter mailing list.

12. Entire Agreement

These Terms together with the signed Formal Quote contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. Calgary Medieval Faire & Artisan Market may amend these Terms as required from time to time provided that Calgary Medieval Faire & Artisan Market will give Customers no less than 20 days' written notice of such amendments and all such amendments will apply to the next renewal of the subscription.

13. Disputes

These Terms shall be governed by and construed in accordance with the laws of Canada and the Canadian Courts shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.