Terms of use

Introduction and Acceptance

Welcome to the Osheaga website located at https://www.osheaga.com/ (the “Website”) which includes all subdomains present and future, and the Ticketing System located at distinct subdomains of https://wroom.centrebell.ca/ or https://ind.eventshopper.com (when the Ticketing System is accessed through a mobile device). The Website and Ticketing System are collectively referred to as the “Services”. We hope you enjoy your visit and / or use of the Services. By visiting the Website and / or using the Services, you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”).

The TOU were last modified on January 31st, 2014. Osheaga reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Services. Where you use the Ticketing System through the Services, you are also bound by the Purchase Agreement for Tickets.

If you have any questions about the Policy, please contact us here, or:

Osheaga Legal Services
1275 rue Saint-Antoine Ouest
Montréal (Québec) H3C 5L2


General Code of Conduct For Use of the Services

By using the Services, you agree to:

  1. Not use the Services in any manner that in any way violates these TOU;
  2. Not use the Services in any manner that violates any intellectual property rights of any third party;
  3. Not use the Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  4. Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Osheaga or a third party, or to damage or obtain unauthorized access to any system, data, password or other information of Osheaga, other Osheaga users, or any other third party;
  5. Not: (1) take any action that imposes or may impose (as determined by Osheaga in its sole discretion) an unreasonable or disproportionately large load on Osheaga’s (or its third party providers’) infrastructure; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on the Services; (3) bypass any measures Osheaga may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Services in an unreasonable manner;
  6. Use the Services in compliance with all applicable local, state / provincial, national, and international laws.
  7. Rules and Restrictions

You agree to abide by the terms and conditions of purchase imposed by participating Hotel partners – UQAM, Royal Victoria College, La Maison Molson Canadian / Carrefour Sherbrooke, New Residence Hall and La Citadelle (participating hotel partners) with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the participating hotel partners’ rules and restrictions regarding the accommodation.

Participating hotel partners may require you to present a credit card or cash deposit upon check-in to cover additional expenses during your stay. Participating hotel partners may also require you to sign their liability waiver. You understand that any violation of any participating hotel partners’ rules and restrictions may result in cancellation of your reservation(s), in your being denied access to your accommodation, in your forfeiting any monies paid for such reservation(s).

Liability Disclaimer

All participating hotel partners are independent contractors and not an agent or an employee of Osheaga, Heavy Montreal, Ile Soniq or other entities of the Arena des Canadiens Inc. Group. Osheaga, Heavy Montreal, Ile Soniq or other entities of the Arena des Canadiens Inc. Group are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of participating hotel partners or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Osheaga, Heavy Montreal, Ile Soniq or other entities of the Arena des Canadiens Inc. Group have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any authority.

Hold Harmless

You understand that Osheaga, Heavy Montreal, Ile Soniq and Arena Des Canadiens Inc. acts as a booking liason only and that participating hotel partners shall provide the operations and logistics for your stay. You agree to hold harmless Osheaga, Heavy Montreal, Ile Soniq and Arena des Canadiens, Inc Group against any and all damages or losses that could arise from your stay

External Links

From time to time Osheaga may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. Osheaga provides those links as a convenience to you and Osheaga takes no responsibility for your use of those other websites or services or protection of your privacy on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Osheaga does not make any claim or warranty whatsoever about the content of those websites or services to which we link.

Without limiting the generality of the preceding paragraph, Osheaga may use third-party ticket vendors (“Ticket Vendors”) for certain events, such as Admission and TicketPro, and these TOU do not apply to these Ticket Vendors that Osheaga does not control. We encourage you to read the Terms of Use or similar legal document of any of the Ticket Vendors you use.

In no way will Osheaga be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary, resulting from your use of websites or other services that may be linked to from the Services or the information thereon, or any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services, or caused by or in connection with, use of or reliance on any content, goods or services available on or through any linked-to website or service, or the actions of the operators of any such website or service.

Copyright and Intellectual Property Rights

The content, arrangement and layout of the Services, including, but not limited to, the trademarks, photos, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to Osheaga, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Osheaga. Any unauthorized use of the content, arrangement or layout of the Website or Services, computer code, or images or trademarks found in the Services or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Osheaga may take action accordingly.

The above paragraph further applies to third party property used as part of the Services, including but not limited to third party computer code.

For the purposes of the present section, “computer code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files.

Interruption of Service

From time to time, the Services may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Osheaga shall not be held liable for any damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.

Termination of the Services

You agree that Osheaga, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Osheaga believes that you have acted inconsistently with the letter or spirit of the TOU.

Osheaga may also, in their sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. Furthermore, you agree that Osheaga shall not be liable to you or any third party for any damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from Osheaga’s termination of the Services or any part thereof.

All provisions of these TOU, which by their nature should survive termination, shall survive termination of the Services, including, without limitation, intellectual property ownership provisions, disclaimer of warranties, indemnity and limitations of liability.

Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Osheaga or its agents or subcontractors, you agree to indemnify, defend and hold harmless Osheaga and their officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Services or the information therein, (ii) your participation in any activities arising from the Services, (iii) your violation of, or failure to perform your obligations under the TOU or, (iv) your violation of any rights of a third party.

Disclaimer of Warranties

You expressly understand and agree that your use of the Services, the information therein, or any activity arising from the use of the Services is at your sole risk. The Services, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services. The information provided through the Services written by Osheaga staff is known to be as accurate as possible at the time of writing, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors may occur, and Osheaga is not responsible for any loss, financial or otherwise, resulting from changes or errors in information. Osheaga expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Services and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. Osheaga, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.

Limitation of Liability

You expressly understand and agree that Osheaga shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Services, the information on the Services, the use of the Services, activities arising from your use of the Services, or the third party materials on the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Osheaga, their affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

Governing Laws and Jurisdiction

Use of the Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Osheaga shall be brought exclusively in the courts located in the Judicial District of Montreal, Quebec, Canada.

Miscellaneous Provisions

The TOU, in conjunction with the Privacy Policy and Purchase Agreement for Tickets (where applicable), constitute the entire agreement between you and Osheaga with respect to your use of the Services, superseding any prior agreements between you and Osheaga.

Osheaga shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Osheaga’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.

If any provision of the TOU, Privacy Policy or Purchase Agreement for Tickets (where applicable) is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU, Privacy Policy or Purchase Agreement for Tickets (where applicable), as the case may be, shall remain in full force and effect.

The section titles in the TOU, Privacy Policy and Purchase Agreement for Tickets (where applicable) are for convenience only and have no legal or contractual effect.

CONDITIONS OF THE OSHEAGA PLAY PROGRAM (the “Program”)

Please read the following carefully to understand the conditions governing your subscription to the Program (the “Conditions”). The parties to this agreement are L’Aréna des Canadiens Inc. (« Osheaga ») and yourself (also referred to as a « Member »). Your subscription to the Program is governed by these Conditions, the Osheaga’s Terms of use (https://www.osheaga.com/en/terms-of-use) as well as the Confidentiality Policy (https://www.osheaga.com/en/privacy). By continuing to subscribe to the Program, you agree to the conditions of the Program, of the Osheaga’s Terms of use and of the Confidentiality Policy, and you agree to comply with them as long as you are a Member of the Program. By subscribing to the Program, you confirm having read and understood these Conditions, which may be modified from time to time. Furthermore, you confirm having read and understood the Osheaga’s Terms of use, which may also be modified from time to time, and which form an integral part of these Conditions as if cited herein in their entirety. You further agree to allow Osheaga to collect and use your personal information in accordance with the Confidentiality Policy, which may be modified from time to time, and is an integral part of theses Conditions as if cited herein in its entirety. The Program provides you with an opportunity to earn Points (as this term is defined below) and claim Rewards (as this term is also defined below). Osheaga is the sole entity responsible for administrating the Program.

1. EARNING POINTS AND CLAIMING REWARDS

1.1. Each Member earns Points in connection with activities determined by Osheaga (the “Points”) during the Term (as this term is defined below). Allocation of the number of Points per activity, a description of the rewards offered as part of the Program (the “Rewards”), and the applicable terms and conditions for exchanging Points are shown in detail at: https://play.osheaga.com/help/points. By continuing to subscribe to the Program, you acknowledge having read and understood this information.

1.2. To earn Points, the Member must follow the instructions of Osheaga or of its participating partners, if any.

1.3. Rewards may not be returned or exchanged for Points, cash or another product.

1.4. Points may be used to claim Rewards or accumulated for a chance to win a pair of general admission passes to Osheaga 2020 which will be remitted to the Member with the most points by the end of the Term. Rewards may only be claimed at the Osheaga Play HUB located on the Osheaga Music and arts Festival (the “Festival”) premises, which will be held at Parc Jean-Drapeau. Access to the Festival’s premises and the Osheaga Play HUB depends of the pass purchased by the Member. Holders of a weekend pass will be able to claim Rewards each day of the Festival while holders of a single day pass will be able to claim Rewards only the day for which their pass is valid. The number of Points required to claim Rewards are determined by Osheaga. Osheaga reserves the right to change the number of Points required for a Reward based on the increase in retail value of the Reward, and to limit, modify or cancel any Reward or the number and types of Rewards available.

2. PROGRAM CONDITIONS

2.1. The Program will run from July 26, 2019 to August 4, 2019 (the « Term »).

2.2. Subscription to the Program is reserved to holders of a valid weekend or single day pass for the Festival and is free.

2.3. Subscription to the Program is reserved to physical persons; companies, joint ventures, partnerships, groups and associations are specifically excluded.

2.4. Program Members must be 13 years of age or older, and must have obtained consent from a parent or guardian, if they have not attained their majority. Some Rewards as determined by Osheaga at its sole discretion are available only to Members 18 years of age or older. If a Member less than 18 years of age wins a contest to which he or she is not eligible, a new drawing will be held to determine a new eligible winner. Specific rules apply to each contest.

2.5. The Points belong to the Member whose account is used. Each Member’s Points and/or Rewards may not be assigned or otherwise transferred without prior written consent from Osheaga. Only the Member of the Program can earn Points and claim Rewards.

2.6. Points and Rewards have no monetary value and may not be monetized or sold.

2.7. After subscribing to the Program, Members will be able to activate their bracelet into their account (the “Account”) in order to begin earning Points. An Account can only be used by one Member. A Member shall only have one Account. The Account may not be transferred or sold in any manner whatsoever. Members must notify Osheaga of any change to their personal information. Osheaga reserves the right to cancel an Account if the informations provided by the Member are incomplete or incorrect.

2.8. Members are responsible for protecting their Account and password relating to their Account, and are responsible for any use of their Account in violation of these Conditions.

2.9. The Account is the property of Osheaga and may be revoked at any time at its sole discretion.

2.10. Every Member is responsible for any activities carried out using his or her Account, whether by the Member himself or herself, or by any other person. If a Member’s Account is hacked, he or she is responsible for notifying Osheaga. The pirated Points earned on the Account that has been hacked will be transferred to a new Account when a new Account is opened. Osheaga cannot be held liable for transactions performed on the Account between the time the Account is hacked and the time Osheaga deactivates the Account, it being understood that Osheaga will deactivate the Account within a reasonable delay after Osheaga receives written notification from the Member to the effect that his or her Account has been hacked.

2.11. Members can access the information relating to their Account (Points earned, management of Account, access to these Conditions, etc.) by visiting https://play.osheaga.com and accessing their Account. Osheaga cannot be held liable to communicate any such information to Members, other than in accordance with these Conditions.

2.12. Osheaga may, at any time and with no prior notice: (i) refuse to grant an Account to a customer who does not comply with the required subscription procedures; or (ii) in case of reasonable doubt, suspend or cancel a Member’s Account, Points earned, Rewards of a Member who abuses of his or her privileges, breaches these Conditions, makes a false statement and/or acts in a manner that is prejudicial to the Program, Osheaga or its partners.

2.13. Osheaga reserves the right to end the Program after giving its Members prior notice.

2.14. Osheaga reserves the right to unilaterally amend all or part of the following terms:
a) Eligibility conditions for taking part in the Program;
b) The manner in which a Member takes part in the Program;
c) The way in which Points are earned and the rate at which they are earned;
d) The way in which Points are exchanged and their exchange rate;
e) The conditions for keeping or losing Points; and
f) The terms and conditions under which Osheaga can revoke or suspend an Account.
2.15. Subscription to the Program will be terminated in the event of a Members’s death or bankruptcy.

2.16. Points expire at the end of the Term. Points will also be cancelled if a Member terminated his or her subscription to the Program.

2.17. Osheaga reserves the right to cancel any subscription to the Program and to close the Account of a Member who, in the sole opinion of Osheaga, use it in a dishonest or fraudulent way.

3. LIABILITY

3.1. Neither Osheaga, its subsidiaries, shareholders, partners and affiliated companies nor their respective employees, directors, officers, agents or representatives (the “Exonerated parties”) assume any liability toward Program Members with regard to their participation in the Program or as a result of their use of Reward including, without being limited to, any liability arising out of: (i) the end of or the modification of the Program in accordance with these Conditions; (ii) additional or removal of Rewards; (iii) out of stock Rewards; (iv) modifications to types of Rewards; (v) any delay in the delivery of Rewards; (vi) any damage or loss suffered by a Member resulting from incorrect personal information in his or her Account; (vii) any error in the balance of Points assigned to an Account; (viii) modifications to activities for which Points can be earned; (ix) any injury, loss or damage, including death and damage to property; or (x) a case of force majeure. For the purposes of these Conditions, force majeure means the occurrence of an irresistible event that renders Osheaga incapable of fulfilling its obligations hereunder. Without limiting the generality of the foregoing, a case of force majeure includes any partial or total work stoppage, strike, lock-out, fire, riot, accident, war, disaster, technical failure, unauthorized intrusion onto its computer systems, destruction of the site in whole or in part, interruption of an essential service or any other similar event or uncontrollable circumstance of similar nature.

3.2. Without limiting the generality of the foregoing, the Exonerated parties cannot be held liable for any crash of the https://play.osheaga.com/ site, or nay problem or technical defect of the networks, telephone systems or lines, computer systems, servers, access providers, or computer hardware or software, nor for the failure of an e-mail transmission, the log in of a Member to his or her Account or an Internet connection. Furthermore, the Exonerated parties cannot be held liable for Internet traffic congestion on any Internet site or any damage to any computer or asset associated with participation in the Program or with downloading or uploading any data directly or indirectly related to the Program. Osheaga reserves the right at its sole discretion to end, modify or suspend all or part of the Program in any way whatsoever in the event of a computer error, technical problem, bug or virus, alteration, unauthorized intervention, fraud or technical failure, or any other situation beyond Osheaga’s control that prevents the proper operation of any aspect of the Program. Any attempt to deliberately damage a Website or to impair the functioning of the Program in any way whatsoever (as Osheaga may determine at its sole discretion) could constitute a violation of existing laws and, in such case, Osheaga reserves the right to exercise any recourse and to claim damages to the fill extent allowed by law.

3.3. You therefore waive any claim related to the Program against the Exonerated parties for loss and damages of any kind resulting from whatever cause.

3.4. To the extent permitted by law, you agree to protect, hold harmless and indemnify the Exonerated parties against loss, claim, demand, cause of action, liability, damages and expenses (including reasonable attorneys’ costs) incurred by the Exonerated parties resulting from: (i) your breach of these Conditions; (ii) your participation in the Program; or (iii) any damage to assets caused by your acts or omissions.

4. GENERAL PROVISIONS

4.1. These Conditions and all other information relating to the Program that can be found at https://play.osheaga.com/ constitute the terms and conditions applicable to the Program, and replace and nullify any other understanding or prior condition relating to the Program. In the event of a contradiction between the terms of these Conditions and any other document relating to the Program, theses Conditions will prevail.

4.2. Osheaga reserves the right to sell or transfer the Program, in whole or in part, to an affiliated company or a third party as part of the transfer of all or substantially all of its company assets through a merger, sale of assets, sale of shares, or otherwise. In such case, Osheaga will be entirely released of its obligations hereunder.

4.3. No failure by Osheaga to exercise its rights or recourse provided for herein or by operation of law, nor any delay in doing so, will constitute a waiver of said rights or recourse. Occasional or partial exercise of a right or recourse will not prevent its exercise at a later date and/or the exercise of any right or recourse in their entirety.

4.4. Each section of these Conditions is separate and severable from the others, and the fact that one of them be declared invalid or unenforceable by a competent tribunal, in whole or in part, will have no effect to the validity or enforceability of the other section of these Conditions.

4.5. If any of the provisions of these Conditions is in contravention of a law, it shall be interpreted in a way that will render It compliant with the law or, failing that, in the manner that is most likely to respect the intent of these Conditions without acting in contravention of said law.

4.6. These Conditions are governed by the laws in effect in the Province of Quebec and applicable Federal laws, irrespective of provisions pertaining to legal conflicts, and only the courts of the judicial district of Montreal will have jurisdiction to settle any actions with respect to their interpretation, application or execution.

4.7. All sections of these Conditions that, by their nature, must survive, will survive the termination of a Member’s Account and/or the end of the Program, including, without limitation, sections 3 and 4.

5. COMMUNICATION

5.1. If you have any questions about the Program, please contact us.


© OSHEAGA 2019