Terms & Conditions | Boomerang

Boomerang Terms and Conditions

 

1. Reading, Agreeing and Keeping a Copy. These terms are legally binding.

 

In these terms and conditions (Terms), we, us and our means RBC Ventures Inc., a direct wholly-owned subsidiary of RBC and you and your means the person who uses a Device to access the Services through the website (Website) or the App (App). These Terms govern your access and use of the Website and the App and the Services.

 

Read and check the box to agree. You must read and agree to these Terms, which are a legally binding contract between you and us, before you can use the Website or the App and access the Services.

By checking the box on-screen, you confirm (i) that you are the age of majority in the place where you live and (ii) that you have read and agree to these Terms. These Terms take effect on the date that you check the box on-screen. You cannot use the Website or the App or access the Services unless you have read and agreed to these Terms.

 

Keep a copy of the Terms. You can print or save these Terms using the print or save function in your browser on the Website an the App. We will email you a copy of or provide a link to these Terms at the email address you provided when signing up for the Services.

 

No changes to other agreements. Unless expressly provided otherwise herein, these Terms do not replace any other agreement you may have with us or any RBC companies (now or in the future), including any consent or preference regarding the collection, use and disclosure of your personal information. All of the terms of your other agreements with us or any other RBC companies continue to apply.

 

Please see the definitions section at the end of these Terms for any other capitalized words not otherwise defined.  

2. Services. What is the Service and how does it work?

Under these Terms, the Services means the features, functionality, content and information provided by us via the Website and the App and include any services that may be provided by Service Providers and Third Parties.

 

The Services currently available through the Website and the App include:

 

  • Boomerang Workshops – The Website allows you to sign up for workshops to learn new skills from Third Party instructors in a variety of areas including, but not limited to, visual arts, handicrafts, photography, creative writing and storytelling and singing. You will also have the ability to apply to host a workshop as a Third Party instructor through the Website or the App by contacting us at contact@goboomerang.com. The Website and the App are simply tools that facilitates the signing up for and hosting of workshops and neither RBC nor any RBC company will have any liability whatsoever for any damages you may suffer as a result of your participation in, or hosting of, a workshop.

  • Peer to Peer Information Sharing Platform – The website and the App will allow you to communicate with the Third Party instructors that host the workshops via a public discussion forum (Forum). All content, information and opinions (collectively, Material) made available in the Forum are those of the authors of such Material and do not in any way reflect our opinions or the opinions of any RBC companies. The fact that Material is posted in or transmitted using the Forum does not mean that we or any RBC companies have endorsed such Material in any way or verified the accuracy, completeness or usefulness of such Material. The Forum is merely a space for you to express and exchange your own opinions and any reliance upon the Material presented in the Forum is at your own risk. We have no obligation to and we do not regularly review the substance of the Material posted on the Forum and neither us nor any RBC companies will be responsible for any such Material. We retain the right, in our sole discretion, to remove any or all Material from the Forum.

 

Some of the Services may be provided in whole or in part by Service Providers and Third Parties. The Services are currently available in English only, despite any language settings on your Device.

 

The Services and the Website or the App may not be accessible at all times. In addition, functionality, features, content or information may change, and may not always be available.

3. Costs, Fees and Related Charges. Do I have to pay service fees?

 

To access the Services available through the Website or the App you will be required to pay service fees the specific amount of which will depend on the workshop you choose to attend. We will communicate the amount of any service fees to you when you sign up for workshops. You will only be required to pay the service fees if you book a workshop. We may change the amount of our fees as the Services develop. We will provide you with notice of any changes in fees in accordance with the “Notice and Changes” section of these Terms. All amounts are expressed in Canadian dollars.

 

You are responsible for all costs, fees, data plans and related charges associated with your use of any Devices, and they are not reimbursable by us.

 

4. Privacy. Information we collect and how we use it.

 

Collecting your personal information

We will collect information from and about you such as:

  • information establishing your identity (for example, name, address, email address, phone number, etc.);

  • information you provide while using the Services; and

  • information for the provision of the Services.

 

We may obtain this information from a variety of sources, including from you, from service arrangements you make with or through us, from registries, from references you provide to us and from other sources, as is necessary for the provision of the Services.

 

Using your personal information

The information we obtain from and about you may be used from time to time for the following purposes:

  • to create your profile on the Website or the App and provide you with the Services;

  • to determine your eligibility for products and services;

  • to help us better understand the current and future needs of our users;

  • to help us better manage our business and your relationship with us; and

  • as required or permitted by law.

 

For these purposes, we may make the information we obtain from and about you available to employees, agents, independent contractors and Service Providers, who are required to maintain the confidentiality of this information. In the event our Service Provider is located outside of Canada, the Service Provider is bound by, and the information may be disclosed in accordance with, the laws of the jurisdiction in which the Service Provider is located.

 

We may also use the information we obtain from and about you and share it with RBC companies (i) to manage our risks and operations and those of RBC companies; (ii) to comply with valid requests for information about you from regulators, government agencies, public bodies or other entities who have a right to issue such requests; and (iii) to let RBC companies know your choices under “Other optional uses of your personal information” for the sole purpose of honouring your choices.

 

Other optional uses of your personal information

  • We may use the information we obtain from and about you to promote our products and services, and promote products and services of Third Parties we select, which may be of interest to you.

  • We may also, where not prohibited by applicable laws, share the information we obtain from and about you with RBC companies for the purpose of referring you to them or promoting to you products and services of such RBC companies which may be of interest to you. You acknowledge that as a result of such sharing, RBC companies may advise us of the products or services they provide to you.  

  • If you also deal with any RBC companies, we may, where not prohibited by applicable laws, consolidate the information you provide to us with information RBC companies have about you to allow us and RBC companies to manage our respective relationships with you.

 

We and RBC companies may communicate with you through various channels, including telephone, email or mail, using the contact information you have provided to us.

 

You may choose not to have your information shared or used for the “Other optional uses of your personal information” described above by contacting us as set out below and we will respect your choice. We may share your choice with RBC companies for the sole purpose of honouring your choice.  

Your right to access your personal information

You may obtain access to the personal information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by applicable laws. To request access to such information, to ask questions about our privacy policies or to request that the information not be used for any or all of the purposes outlined in “Other optional uses of your personal information” you may do so now or at any time in the future by contacting us at contact@goboomerang.com.

 

Our privacy policies

You may obtain more information about RBC privacy policies by visiting www.rbc.com/privacysecurity.

5. Communication. How will we contact each other?

 

You can contact us at contact@goboomerang.com. We will contact you and provide notices using information you provide through the Website or the App. Except as provided below in the “Notices and Changes” section of these Terms, email is our primary method of communication. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the Website or the App. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to complete the signup process or otherwise contact you.

 

If you do not wish to be presented with promotional content: (i) via email, please change your communication preferences on the Website or the App; or (ii) via the Website or the App, please request to have your profile deleted by contacting us at contact@goboomerang.com. Changes to your communication preferences for promotional content will not change how we communicate with you for non-promotional content related to the Services.

 

6. Termination. How can you or we end these Terms?

 

Termination by us – Without prior notice and for any reason, we can (i) suspend or terminate your use of the Website or the App and access to the Services, and (ii) terminate part or all of these Terms or the Services. We are not responsible for any loss or inconvenience that may result in such suspension or termination.

 

Termination by you – To delete your profile and terminate your use of the Website or the App and access to the Services and these Terms, you can contact us using the contact information provided in the “Communication” section of these Terms.

 

7. Notice and Changes. How will we tell you about any changes?

 

Notice – Any notice may be given to you through the Website or the App or pursuant to the “Communication” section of these Terms.

 

Changes – We can change (add, remove or alter) any part or feature of the Services, without giving you notice. Following any such change, these Terms will continue to apply to all or parts of the Services. Subject to legal and regulatory requirements, we can also change these Terms by giving you notice of the change to the email address you provided when signing up for the Services, either before or after the changes take effect. When giving you such notice we will also provide you with a copy of or a link to the updated Terms. If you use the Website or the App or access the Services after we have notified you of a change, you are deemed to have reviewed and accepted the new version of these Terms.

 

8. Instructions and Security. You are responsible for decisions you make when you are signed in and for the security of your information. 

 

You will be required to provide Sign-In Credentials to access the Services. You authorize us to accept and you agree to be responsible for any instruction given by you or purported to be given by you using your Sign-In Credentials. Any instruction will have the same legal effect as if it was a written instruction and signed by you.

 

You are responsible for keeping your Sign-In Credentials confidential, and you must not disclose them to anyone. We will not be responsible for any losses that may result if you share or lose your Sign-In Credentials. When using the Website or the App and accessing the Services, you agree that you will take all steps necessary to ensure that you do not reveal any confidential information to anyone other than us. This includes making sure that other people cannot see your Device screen.

 

You must also:

  • Sign out after each session to prevent anyone else from accessing the Website or the App and the Services. If you do not sign out of the Website or the App, you will remain signed in to the Website or the App until you log out.

  • Not leave your Device unattended while signed in to the Website and you must use reasonable steps and precautions to protect your Device against loss or theft;

  • Use reasonable security measures which include up-to-date virus scanning software and a firewall system, if such security measures are available for your Device; and

  • Comply with any additional security requirements that we may require in connection with the Services.

 

9. Service Providers and Third Parties. Other entities help us provide the Services or offer Third Party Services.

 

We may use Service Providers and Third Parties to provide or to assist us in providing the Services or Third Party Services, and other than RBC companies, we do not sponsor or endorse any Third Party and we are not affiliated or associated with any Service Provider or Third Party.

 

When using the Website or the App and accessing the Services,

  • You may use Service Provider Services solely for your own personal use; 

  • You may not sell, distribute or otherwise use Service Provider Services or other information from the Website or the App or the Services, and you may not permit such distribution or use by anyone else; and

  • You may not provide or make available any Service Provider Services to any provider of products or services similar to those products and services provided by the Service Providers.

 

You understand and agree that (i) your use of any Third Party Services is at your sole risk and may be subject to the terms and privacy policy of the Third Party and (ii) Third Party Services are provided “as-is” and “as available”, and that we expressly disclaim all warranties (express and implied) in connection with any Third Party Services and all information, products and other content included in or accessible from any Third Party Services, including, without limitation, any warranties regarding accuracy, completeness, merchantability or fitness for a particular purpose.

 

Service Providers retain all ownership rights, including all intellectual property rights, in Service Provider Services and to their trademarks and logos that appear on the Website or the App and in the Services. Nothing in these Terms, the Website or the App or the Services should be interpreted as conferring any right for you: (i) to use Service Provider Services in any way other than as expressly permitted in these Terms; or (ii) to use any Service Provider trademarks or logos.

 

You agree that we, Third Parties and Service Providers may use information and content you provide through the Website or the App and the Services to create use and distribute statistical, profiling, performance or operational reports about the Website or the App and the Services. These reports may be shared with Third Parties, in which case, the information in the reports will not be attributable to you.

 

10. Referral Fees. We may receive fees when we refer you to Third Parties.

 

A Third Party may pay us, or we may receive from a Third Party, directly or indirectly, a referral fee when we refer you to the Third Party and you elect to purchase or obtain products or services from the Third Party. The amount of any referral fee paid or received for referrals will not affect the fees paid or payable, if any, by you to us or to the Third Party.

           

11. Compliance and Prohibitions. Appropriate use of the Website and the App.

 

Your use of the Website or the App and access to the Services must comply with these Terms and all applicable laws.

 

When using the Website or the App and accessing the Services, you will not:

  • Provide untrue, inaccurate or incomplete information;

  • Use the Website or the App or access the Services for any illegal, fraudulent, malicious, harassing or defamatory activity or purpose;

  • Use any robot, spider or other indexing device when using the Website or the App or accessing the Services;

  • Use any part of the Services to provide internet, service bureau, outsourcing or third-party services or redistribute all or any part of the Services;

  • Take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Website or the App or the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or

  • Reverse engineer or reverse compile the source code for the Website or the App or any of the service technology.

 

12. Ownership. You can use it, but you can’t keep it.

 

We grant you a non‑exclusive and non-transferable single-user (non-concurrent) license to use the Website and the App, in accordance with these Terms. At any time, and at our sole discretion, we may limit, restrict, suspend, declare a moratorium on, or terminate your ability to access the Website and the App, or any of the Services, or both; and with notice to you, we may end the terms relating to the Website or the App, including the Services. If these Terms are terminated, you will destroy all copies of the Website and the App and all copies of any documentation for the Website and the App then in your possession. The grant of this license may not be assigned by you unless agreed upon in writing by us.

 

We retain at all times all ownership rights, including without limitation, copyright, in the Website and the App. You agree not to copy, reproduce, transfer copies or reverse engineer the Website and the App and not to disclose or distribute the Website or the App to Third Parties. We have no obligation to provide any training, maintenance, or other assistance for the Website or the App.

 

RBC or RBC Ventures Inc. are the owners, or licensees, of all intellectual property rights subsisting on each screen made available through the Website or the App. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on the Services are the property of RBC or RBC Ventures Inc., or those of our licensors, and without our express written permission, may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, except for personal and non-commercial use, including viewing, printing or archiving of electronic copies of your Website or App activities, in accordance with these Terms and as we may further instruct you. Nothing in these Terms or on the Website or the App is to be interpreted as conferring a right to use our works, trademarks or logos in any other way, or those of any RBC companies or Service Providers.

 

13. No Representations or Warranties. The Website, the App and the Services are provided “as is”.

 

We are providing you with the Website, the App and the Services on an “as is” and “as available” basis and we do not make any representations or provide any warranties concerning them. Without limiting the foregoing, we expressly disclaim all warranties in connection with the Website and the App and in connection with the Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

14. Liabilities and Indemnities. Read this carefully—it limits your right to sue us.

 

You are solely responsible for all information or content that you give us through the Website or the App, the Services and the Third Party Services.

 

We and RBC companies will not be responsible for any loss, damage, harm, injury, delay or inconvenience suffered or incurred by you with respect to: (i) these Terms, the Website, the App, the Services or the Third Party Services, (ii) any instruction given to, by or purported to be given by you, using Sign-In Credentials, in connection with the Services or Third Party Services, or (iii) any products or services you obtain or purchase from us or from a Third Party to whom we refer you, or otherwise. Such losses, damages, injuries, delays and inconveniences include, without limitation, (i) direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary damages, (ii) loss of data, profits, information, opportunity, revenues and goodwill, and (iii) any other business interruption, commercial or economic losses. The foregoing limitation of liability applies regardless of the cause of action, even if we or a RBC company have been advised of the possibility of such damages.

 

In addition, in no event, even if we are negligent or any RBC company is negligent, will we or any RBC company be liable for any loss or damage suffered by you that is caused by any one or more of:

  • The actions of, or any failure to act by a Third Party or Service Provider (and no such Third Party will be considered to be acting as our agent);

  • Mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in the Services or Third Party Services or any data given by you to us, any RBC company or any Third Party or Service Provider, including your failure to update;

  • Any delay, error, interruption or failure by us, any RBC company or any Third Party or Service Provider to perform or fulfill any of our obligations to you due to any cause beyond our control or their control, any system malfunctions or any technical failures;

  • Unsecured communication being inaccurate, intercepted, reviewed or altered by others, or not received by you;

  • Your access to the Services or Third Party Services, including, without limitation, any delay or inability to access the Services or Third Party Services;

  • Your failure to receive or view any communication that has been presented to you, and we will not be responsible, and no such RBC company will be responsible, for any delay, damage or inconvenience that such failure may cause; or

  • Your failure to fulfill any of your obligations under these Terms, including those in the “Security” section of these Terms, or to comply with any instructions we may provide to you from time to time in connection with the Website, the App and the Services.

 

You release and indemnify us for any claim, cost and liability incurred: (i) as a result of your use of the Website, the App, any of the Services and Third Party Services; or (ii) as a result of your breach of these Terms.

 

15. On-Screen Terms. Terms shown on-screen form part of these Terms.

 

There may be terms, conditions, instructions or disclaimers related to the Services, Third Party Services, or Offers displayed on the screens in the Website, the App, or when you click on icons or links on the Website or App screens. By using any of the Services or any Offers, you must access and agree that the terms, conditions, instructions or disclaimers apply to your use of or access to the applicable Services, Third Party Services, or Offers, in addition to the terms and conditions of any other applicable agreements.

 

16. Records. Electronic records = paper records.

 

Our records, including electronic records, including those of any Service Providers (whether used by them or us), regarding the Website, the App, or the Services, including the retrieval, consolidation, organization and presentment of information, are final and conclusive.  These records will be admissible in any legal, administrative or other proceedings.  Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents.  You waive any right to object to the introduction of any such electronic data or records into evidence.

 

17. Electronic Agreement. Clicking = signing with a pen on paper.

 

These Terms and any related terms, conditions, instructions, disclaimers or documents may be accepted in electronic form and your acceptance is binding between you and us. Neither you nor we will contest the validity or enforceability of these Terms and any related documents because they were accepted or signed in electronic form.

 

18. Assignment and Severability. Contract law stuff.

 

If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of these Terms. Our failure to enforce strict performance of any provisions of these Terms does not mean we have waived any provision or right. Neither the course of conduct between you and us, nor trade practice modifies any provision of these Terms. We may assign or transfer these Terms on notice to you. You may not assign or transfer these Terms or any of the obligations or rights under these Terms to any other person.

 

We have the right at all times to assign any or all of our rights and obligations under these Terms to an RBC company. The Services may then be delivered by the RBC company to whom we assign these Terms.

 

19. Language. We will talk to each other in English.

 

You and we have expressly requested that these Terms and all related documents, including notices, be drawn up in the English language. Vous et nous avons expressément demandé que cette entente et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise. (Quebec only / Québec seulement).

 

20. Governing Law. What law applies?

 

These Terms are entered into and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and we agree that the Ontario courts shall have exclusive jurisdiction over each of us for the determination of any matters arising out of these Terms.

 

21. Defined Terms. What does everything mean?

 

Device means any mobile device, computer or other device you use to access the Website or the App and the Services.

 

Offers means any offers, rate discounts or promotions of a Third Party presented by us as part of the Services.

 

RBC means Royal Bank of Canada.

 

RBC companies or RBC company means RBC, its direct and indirect subsidiaries and their successors and assigns. While we are a RBC company, in these Terms, a reference to RBC companies or RBC company will not include us.

 

Services means the Services as defined by the “Services” section of these Terms.

 

Service Provider means a party retained by us to act on our behalf to provide, or to assist us in providing, the Website, the App, and the Services.

 

Service Provider Services means content and information contained in the Services provided by any Service Provider.

 

Sign-In Credentials means usernames, passwords, personal verification questions or other information required to access the Website, the App, and the Services.

 

Terms means these terms and conditions.

 

Third Party means any party other than you, us or a party when acting as a Service Provider. 

 

Third Party Services means any products or services provided by a Third Party that can be used or accessed on or through the Website, the App, or a Third Party that we refer you to for other products and services.

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