TheConcertHall.ca Terms of Use
1. Scope of Application
1.1. The following Terms of Use (TOU) govern all contracts concluded between Vancouver Symphony Society, 500-843 Seymour St, Vancouver, V6B 0G4, Canada (VSO) and the CUSTOMER as defined in Section 3.1 regarding services offered at www.theconcerthall.ca (the Site). Further information regarding the identity (commercial register number, legal representation) and the contact details of the VSO can be found in TheConcertHall.ca Privacy Policy.
1.2. These TOU, the privacy policy, the registration according to Section 3, and the confirmation according to Section 5.3 constitute the entire agreement made between the VSO and the CUSTOMER. Differing or additional provisions of the CUSTOMER do not apply, even if the VSO does not explicitly object to them. Contractual language is English.
2. Streaming Services
2.1. At the Site, the VSO provides fee-based access to recordings of subscription and non-subscription concerts by the VSO and other partners for streaming over the internet. In the archive, recordings of concerts will be offered as videos on demand. Access to the live concerts is granted by means of a live stream.
2.2. The VSO's video signal is produced in High Definition and has been encoded for internet streaming. Our web player will try to automatically select the best quality to ensure continuous streaming. However, streaming quality is ultimately dependent on the CUSTOMER's internet connection speed.
2.3. The VSO shall decide independently which concerts are offered as live streams or as video on demand in TheConcertHall.ca. The CUSTOMER shall not be entitled to claim that certain concert recordings are being made available in TheConcertHall.ca, even if the VSO previously announced such availability. Furthermore, the VSO reserves the right to remove certain content from the archive for legal reasons and/or to exclude certain regions from the offer of streaming services for legal reasons (Geoblocking).
2.4. The provision of internet access that is necessary for the use of the streaming services defined in Sections 2.1 and 2.2 shall not be subject to the contract between the CUSTOMER and the VSO.
3.Registration
3.1. The CUSTOMER may use the streaming services offered by the VSO only upon prior registration as a user of TheConcertHall.ca. By using the site, you affirm that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter into this agreement.
3.2. Registration is effected by means of the CUSTOMER's internet-enabled devices at the Site or by using TheConcertHall.ca apps if the relevant device allows for registration. In order to register, the costumer has to provide the following data: title, first name, last name, phone number, mailing & billing address, email address and (if required) a password.
3.3. When submitting the completed registration form, the CUSTOMER accepts this agreement regarding the access to The Concert Hall.ca and the use of streaming services (AGREEMENT OF USAGE).
3.4. The CUSTOMER ensures that all data entered during registration is correct and that they have not used data of a third party. The CUSTOMER shall inform the VSO immediately of any changes to the data.
4. Use
4.1. The use of the streaming services is limited to certain content and time. Access to certain content is limited by a paywall and requires a valid subscription for access.
4.2. The VSO offers the CUSTOMER the following types of use:
4.2.1. With the purchase of a subscription, the CUSTOMER receives access to the concert recordings available at TheConcertHall.ca‘s archive as well as to future concert releases during the period of validity of the subscription. The period of use begins at the time of purchase of the subscription.
4.2.2. The period of use commences upon receipt of payment and ends after the stipulated subscription period. The subscription can be cancelled at any time to the end of the period of use already paid for. Cancellation requires a written request (e.g. email) to info@theconcerthall.ca.
4.3. The CUSTOMER may not misuse the streaming services. In particular, they are prohibited from recording the concerts in full or in part; using the stream for commercial purposes or for public performance, systematically download and store Site content, publicly broadcasting it or distributing it in any other way; or reproducing the stream. Use of the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful, shall result in immediate termination of the contract.
4.4. The CUSTOMER may not interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site, or violate any requirement, procedure or policy of such servers or networks.
4.5. The CUSTOMER may not reproduce, copy, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, publish, perform, upload, post, distribute or otherwise exploit any portion of the Site, except as expressly authorized herein, without the VSO's express prior written consent.
4.4. If the CUSTOMER breaches the duties defined in Section 4.3, the VSO may block the CUSTOMER's access and terminate the AGREEMENT OF USAGE for cause.
5. Purchase of subscriptions
5.1. In order to buy a subscription or subscribe to streaming services, the CUSTOMER chooses the subscription by clicking on the button “PURCHASE SUBSCRIPTION NOW” or “SUBSCRIBE NOW”. This process does not constitute a contractual offer. The desired subscription will merely be booked. Even clicking the button “CONTINUE” does not constitute a contractual offer.
5.2. The CUSTOMER only makes a binding offer to conclude a contract regarding the use of streaming services by clicking the “CONFIRM ORDER” button. Before placing the order, the CUSTOMER is once again provided with a summary of the complete content of the order (product name, price, amount and complete sum). The CUSTOMER can then correct the method of payment that is provided on the overview page.
5.3. Upon receipt of the order, the CUSTOMER will receive an automatically generated email from the payment processor (Stripe), confirming the receipt of payment. This receipt confirmation constitutes the acceptance of the contractual offer and concludes the purchase of the subscription (hereinafter “PURCHASE AGREEMENT”). At the same time, the subscription will be activated.
6. Use of the Streaming Services, Technical Requirements
6.1. The streaming services are offered for access at the Site.
6.2. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). The CUSTOMER is responsible for all Internet access charges.
6.3. Streaming services may also be accessed by means of certain television sets, Blu-ray players, mobile devices and audio systems equipped with an integrated internet connection. This offer is non-binding, may vary and may be revoked at any time by the VSO. The CUSTOMER is responsible for setup and maintenance of connection to the S
6.4. The devices and system requirements needed for the use of the streaming services are listed at the How-It-Works section and are the responsibility of the CUSTOMER.
7. Prices and Subscriptions
7.1. The price and term of subscriptions and their term are listed on the Tickets page of the Site. All subscription prices are net prices and do not include GST or PST, which will be added at checkout. The price of subscriptions is subject to change and may be altered at any time.
8. Payment
8.1. The purchase price is to be paid in advance and is due immediately upon confirmation of the order.
8.2. The CUSTOMER can pay per credit card.
8.3. Should the CUSTOMER not fulfill the payment duty or should amounts that already have been paid be returned or re-debited, VSO is entitled, reserving the right to assert further claims, to block the CUSTOMER's access to their account on the Site. Should the account be blocked due to outstanding debts, access shall again be granted if the debts are settled. The right to terminate the AGREEMENT OF USAGE pursuant to Section 9 shall remain unaffected.
9. Refund Policy
Subject to the terms hereof, CUSTOMERS who purchase subscriptions to TheConcertHall.ca may cancel and receive a full refund of their initial purchase within fourteen (14) days of purchase without giving any reason. To exercise this right please contact help@theconcerthall.ca. Monthly subscribers can terminate their subscription at any time and will not incur further fees beyond those already paid. Should you have any issues cancelling your subscription please contact help@theconcerthall.ca.
9.1. The CUSTOMER may terminate the AGREEMENT OF USAGE at anytime. Their right to terminate for cause remains unaffected.
9.2. VSO may terminate the AGREEMENT OF USAGE anytime by giving 2 weeks’ notice. The right of VSO to terminate for cause remains unaffected. In particular, VSO shall be entitled to terminate for cause if the CUSTOMER violates these Terms of Use. In case of a termination for cause, all subscriptions and vouchers that were valid at the time of the termination notice become invalid. Fees that already have been paid will not be refunded.
9.3. After cancellation of the AGREEMENT OF USAGE, the CUSTOMER will no longer be able to access TheConcertHall.ca paywalled content. Their account will be deleted.
9.4. Any termination notice must be made in text form (in writing, no signature required, e.g. email, fax).
10. Access Data
10.1. The access data (email address and password) may only be used by the CUSTOMER. The CUSTOMER may not pass the access data on to a third party. The CUSTOMER shall keep their access data secret and change or have VSO change the data, if they become aware that their access data has been misused. This also applies in cases that misuse is suspected.
10.2. The CUSTOMER is liable for all damages caused by a third party using their account, if and to the extent that they are to be held responsible for it. The CUSTOMER is responsible for proving that they are not culpable.
10.3. The VSO will not be liable for the losses caused by any unauthorized use of the CUSTOMER’s user name or password.
10.4. If the CUSTOMER substantially breaches the duties of care defined in Section 10.1, VSO may (temporarily) block the CUSTOMER's access. The CUSTOMER will be informed thereof by email.
11. Guarantee
11.1. VSO does not warrant or guarantee the proper functioning of the internet connection or the performance of the end device used.
11.2. VSO shall eliminate any technical malfunctions without delay if feasible. If a service malfunction results in the CUSTOMER not being able to use the video stream according to the terms of the AGREEMENT OF USAGE or if the possible use is considerably affected, VSO offers the following compensation:
11.2.1. If live streaming is not possible for technical reasons, VSO shall provide the CUSTOMER with the respective recording as a video on demand later on. If this is also not possible, the expiry of the CUSTOMER's subscription will be extended by 7 days.
11.2.2. In case of a malfunction when streaming video on demand, VSO shall enable the CUSTOMER to access the stream later on.
11.2.3. The right to revoke the PURCHASE AGREEMENT or to reduce the purchase price if the replacement services failed remains unaffected.
12. Limitation of Liability
12.1. VSO, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of The Concert Hall.ca;(ii) your inability to access or use the website; (iii) any conductor content of any third-party on or related to the website; (iv) any content obtained from or through the website; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
12.2. Without limiting the foregoing, we are not liable for delays in performance caused by circumstances beyond our reasonable control, including strikes, supplier/transport/production problems, exchange fluctuations, governmental or regulatory action and natural disasters.
12.3. VSO makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of TheConcertHall.ca is at your sole risk and it is provided on an “AS IS” and “AS AVAILABLE” basis. TheConcertHall.ca is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
13. Data Protection
VSO collects and stores any data necessary for business purposes. When processing the personal data of the CUSTOMER, VSO complies with the applicable statutory provisions. For further information please refer to the privacy policy. The current version is available at the Privacy Policy section.
14. Copyrights
All text, images, graphics, and/or videos included in or made available through the Site and their arrangement and graphic presentation on the website are subject to Canadian copyright law and further protection acts. The CUSTOMER may not use, distribute or modify any material made available on this website (e.g. text or graphics) without the VSO’s explicit prior consent in written form (in writing, signature required).
15. Amendments
VSO has the right to change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend below indicates when this Agreement was last changed, and you should periodically review the most up-to-date version of this Agreement. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
16. Applicable Law
These Terms of Use (TOU), the AGREEMENT OF USAGE and all PURCHASE AGREEMENTS (for subscriptions or vouchers) between VSO and the CUSTOMER shall be governed by the laws of British Columbia and Canada.
17. Final Provisions
17.1. Any changes and supplements to the TOU shall require text form (in writing, no signature required, e.g. email, fax) to be effective.
17.2. Should any provision of these TOU be invalid, this shall not affect the validity of all other provisions of the TOU.
17.3. Where legally permissible, the place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Vancouver.
18. Provider Identification
Our contact information is:
The Concert Hall.ca
C/O Vancouver Symphony Orchestra
500-843 Seymour St., Vancouver
V6B 0G4
Canada Charity Registration Number 11928 2283 RR0001
Email: info@theconcerthall.ca
Tel.: +1 604-684-9100
Last Updated: 29 September, 2020
