1. RECITALS
ECSC is an elite social club for adults who want an opportunity to meet others without the discomfort of one-on-one interactions.
ECSC offers you the chance to experience an elegant evening with others who share similar interests. As a member, you will experience an elegant dinner with limousine service.
You just need to dress your best and ECSC will do the rest!
2. DEFINITIONS
- i) “Acceptance Period” means seven (7) days from the date the Invitation was sent;
- ii) “Cancelled Event” means an Event the Member did not attend after having accepted an Invitation;
- iii) “Complementary Beverage” means one (1) beverage during the Limousine Services and one (1) beverage from the selection presented by the server at the Location;
- iv) “Complementary Dinner” means one (1) appetizer, one (1) main dish, and one (1) dessert, not exceeding one hundred and forty ($140.00) dollars;
- v) “ECSC” means EXECUTIVE CHOICE SOCIAL CLUB INC. a corporation incorporated and existing under the laws of Canada;
- vi) “ECSC Parties” means ECSC and its affiliated and associated companies, and their respective directors, officers, employees whether contracted or employed, agents, volunteers, representatives, licensees, successors and assigns;
- vii) “Event” means an activity, organized by ECSC for the Member, which includes the Complementary Dinner, the Complementary Beverages, and the Limousine Services (“Events” means more than one Event);
- viii) “Invitation” means an email sent by ECSC inviting the Member to an Event (“Invitations” means more than one Invitation)
- ix) “Invitee” means an individual invited by the Member (“Invitees” means more than one Invitee);
- x) “Limousine Services” means the transportation to and from the Location;
- xi) “Location” means the place an Event is being held;
- xii) “Member”, “you” means any person using ECSC’s Platform, purchasing or participating in an Event (“Members” means more than one Member);
- xiii) “Minimum Notice” has the meaning ascribed to it in Section 6.3.i);
- xiv) “Platform” means any website, account, or application offered by ECSC;
- xv) “Postponed Event” means an Event that was postponed or cancelled by ECSC (“Postponed Events” means more than one Postponed Event);
- xvi) “Postponement Notice” has the meaning ascribed to it in Section 6.4.i);
- xvii) “Service Area” means the urban sub-areas of Ottawa including Kanata, Stittsville, Bayshore, Cedarview, South Nepean, Riverside South, Leitrim, Hunt Club, Merivale, Alta Vista, Ottawa West, Central Area, Inner Area, Ottawa East, Beacon Hill, Orleans, Barrhaven and Manotick;
- xviii) “Service Period” means twelves (12) months from the date you purchase the Event or Events as indicated on the sales receipt;
3. TERMS OF USE
- 3.1. Set forth below are the terms and conditions governing ECSC. By purchasing an Event, participating in an Event or by using any portion of the Platform, you accept the terms and conditions set forth in this Agreement. If you do not accept these terms and conditions, do not access the Platform or participate in any Events.
- 3.2. ECSC may modify this Agreement from time to time. ECSC will provide notice to you by publishing the most current version and revising date at top of this page. If any material changes are made to this Agreement, ECSC will provide additional notice to Members by displaying a prominent notice on its Platform for ninety (90) days. By continuing to use the Platform or participating in any Events, you have accepted the revised Agreement. If you do not accept the revised Agreement, do not access the Platform or participate in any Events.
4. TERMS OF SERVICES
- 4.1. Services
- i) Invitation. ESCS shall at different interval organize and deliver Events. To attend an Event, the Member must accept an Invitation in writing to info@executivechoiceclub.ca within the Acceptance Period. A Member who fails to respond within the Acceptance Period is deemed to have declined the Invitation. A Member will continue to receive Invitations until (1) the Member has used their purchased Event or Events; (2) the Member has forfeit their rights to the Event or Events in accordance with Sections 4.2, 6.3.ii), 6.3.iii), 6.4.iii); or (3) the Member’s rights to participate in the Event or Events have been terminated in accordance with Section 6.5.
- ii) Additional Food and Beverages. All food and beverages ordered by the Member that are not part of the Complementary Beverages or Complementary Dinner shall be at the sole expense of the Member. In such circumstances, the Member shall pay for the costs of said food and beverages before the conclusion of the Event. If the Member fails to pay and ECSC incurs expenses as a result of the Member’s failure, the Member shall be responsible for reimbursing ECSC. ECSC reserves the right to debit any credit card provided by the Member for said incurred expenses in addition to a five (5%) percent charge.
- iii) Service Area. The Limousine Services are solely offered within the Service Area. Members outside of the Service Area, may be picked-up and dropped-off at an address within the Service Area.
- iv) Limousine Etiquette. The Member must be ready for the time of arrival and departure of the Limousine Services. If the Member is not ready or if the Member decides to leave the Location, the Member shall forfeit their rights to the Limousine Services for the Event.
- 4.2. Service Period
Each purchased Event must be used during the Service Period. If the Member does not accept an Invitation and/or the Events are not used within the Service Period, the Member shall forfeit their rights to said Events. There will be no refunds, no transfers and no credits
5. FEES
The Events are available in packages as follows:
- i) TWO HUNDRED AND FIFTY ($250.00) for one (1) Event; or
- ii) SIX HUNDRED ($600.00) for three (3) Events,
plus applicable sales taxes (the “Fees”).
6. TERMS AND CONDITIONS
- 6.1. Eligibility
Each purchased Event must be used during the Service Period. If the Member does not accept an Invitation and/or the Events are not used within the Service Period, the Member shall forfeit their rights to said Events. There will be no refunds, no transfers and no credits
- 6.2. Payment Terms
- i) Payment Options. The Fees must be paid in advanced by the Member to ECSC via credit card or other payment processors on the Platform.
- 6.3. Cancellation and Rescheduling of Events by Member
- i) Minimum Notice. If after accepting an Invitation, a Member can no longer attend an Event, the Member must advise ESCS no later than forty-eight (48) hours prior to the Event in writing to info@executivechoiceclub.ca (the “Minimum Notice”).
- ii) Rescheduling. A Cancelled Event needs to be rescheduled within six (6) months following the Minimum Notice or before the end of the Service Period, whichever period is the shortest. A Cancelled Event may be rescheduled a maximum of two (2) times after which no further rescheduling will be permitted and the Member shall forfeit their rights to the Cancelled Event. There will be no refunds, no transfers and no credits.
- iii) Failure to Reschedule. In the event the Cancelled Event was not rescheduled in accordance with Section 6.3.ii), the Member shall forfeit their rights to said Cancelled Event. There will be no refunds, no transfers and no credits.
- iv) Invitee. The Member shall have a one-time right to send an Invitee in their place instead of rescheduling a Cancelled Event. The Member is responsible for the conduct of their Invitee and acknowledges that the terms of this Agreement shall apply to the Invitee as if the Invitee was a Member, and the Member shall be responsible for ensuring compliance by such Invitee.
- 6.4. Cancellation and Rescheduling of Events by ECSC
- i) Postponement Notice. In the event that ECSC must reschedule or cancel an Event, it will provide the Member with as much advance notice of such rescheduling or cancellation as possible (the “Postponement Notice”).
- ii) Rescheduling. In the event of such cancellation or rescheduling, ECSC will reschedule the Postponed Event, within a reasonable time period following the Postponement Notice, subject to availability of location and transportation. If ECSC is unable to reschedule the Postponed Event, the Member may, instead, attend a different Event.
- iii) Forfeit of Rights. In the event that ECSC reschedules the Postponed Event and the Member is unable to attend, the Member will be able to reschedule said Postponed Event in accordance with Section 6.3. In all other circumstances, the Member forfeits their rights to any further rescheduled Postponed Event or Cancelled Event. There will be no refunds, no transfers and no credits.
- 6.5. Termination of Services
ECSC reserves the right to terminate the Member’s participation in an Event or Events, if it, in its sole discretion, determines that such termination is in the best interest for the Member or ECSC or other Members. In the event of any such termination, the Member will be refunded the amount of any Fees paid in advance for Events which are not provided, unless an alternative arrangement satisfactory to both parties can be made. If ECSC terminates the Member’s participation in an Event or Events for breaching any Community Guidelines, the Member shall be responsible for all costs incurred by ECSC as a result.
- 6.6. Image
The Member acknowledges that they may be photographed or videotaped, or both, by ECSC for internal and promotional use. The Member shall execute the Member’s Consent before participating in an Event.
- 6.7. Return of Property
Upon the expiry or termination this Agreement, the Member will return to ECSC any property, documentation, records, which is the property of ECSC.
- 6.8. Member Interactions
- i) Community Guidelines. The Member is obligated to observe the Community Guidelines.
- ii) No Representations. Disclaimer. ECSC is not a party to any arrangements made between Members at its Events or outside its Events. ECSC does not conduct or require background checks on Members and does not attempt to verify the truth or accuracy of statements made by Members. ECSC makes no representations or warranties concerning the conduct of any Members or their interactions with other Members and hereby disclaims any liability for communication or interactions between Members at its Events or outside its Events.
- iii) Limitation of Liability. In no event shall ECSC be liable for any damages whatsoever, either direct, indirect, general, special, consequential, incidental, and/or punitive, arising out of or relating to the conduct of the Members or anyone else in connection with an Event or Events, including, without limitation, bodily injury, death, emotional distress, and/or other damages resulting from communications or interactions, online or in person, with any persons you meet at Events offered by ECSC.
- 6.9. Damage Done to Location
The Member acknowledges that if they or their Invitees causes any damages to the Location or the vehicle used for the Limousine Services, including as a result of negligence, the Member is responsible for any expenses incurred by ECSC to repair such damage. ECSC reserves the right to debit any credit card provided by the Member for said incurred expenses in addition to a five (5%) percent charge.
- 6.10. Lost and Stolen Items
The Member’s personal items and possessions are entirely the Member’s responsibility and ECSC will not be liable for any lost or stolen items.
- 6.11. Currency
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in Canadian dollars (CAD).
- 6.12. Indemnity
The Member will indemnify, defend, and hold harmless ECSC and the ECSC Parties against any actual or threatened third-party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatsoever or any expense, loss or damage of whatsoever kind arising out of the Member’s or the Invitee’s participation in any Events, including as a result of the Member’s negligence and/or willful misconduct, and indemnify ECSC and the ECSC Parties from all such damages, costs, and reasonable legal fees in any such claim against ECSC and the ECSC Parties.
- 6.13. Representation and Warranties
By agreeing to this Agreement, the Member is representing and warrantying to ECSC the following:
- i) the Member has read and understood this Agreement;
- ii) the Member has voluntarily agreed to these terms of this Agreement on behalf of him/herself;
- iii) all information the Member has provided to ECSC is correct and true at all times; and
- iv) the Member is fully responsible for ensuring compliance with this Agreement by the Invitees.
- 6.14. Performance
The parties agree to do everything necessary to ensure the terms of this Agreement take effect.
- 6.15. Survival
Any of these terms which by its nature should survive termination, including, without limitation, ownership and indemnity provisions, shall survive termination and continue in full force and effect except to the extent expressly set out in this Agreement.
- 6.16.Time of the Essence
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
- 6.17. Assignment
The rights and obligations under this Agreement may be assigned by ECSC without the prior written consent of the Member. In the event of such a change, the terms of this Agreement shall remain binding upon the Member. This Agreement may not otherwise be assigned.
- 6.18. Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
- 6.19. Enurement
This Agreement will enure to the benefit of and be binding on the parties and their respective heirs, executors, administrators, successors and permitted assigns.
- 6.20. Titles/Headings
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
- 6.21. Gender
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- 6.22.Governing Law
It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of Ontario, without regard to the jurisdiction in which any action or special proceeding may be instituted.
- 6.23. Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- 6.24. Waiver
The waiver by either party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
- 6.25. Independent Legal Advice
The Member agrees that they have had an opportunity to obtain independent legal advice with respect to the details of this Agreement prior to purchasing an Event, participating in an Event or by using any portion of the Platform.