Higgy’s On The Track Ltd.
Terms & Conditions of Sale
Effective date: November 1, 2020
Higgy’s On The Track Ltd. (“HOTT”, “us”, “we”, or “our”) operates the https://www.higgys.ca website (the “Service”) as well as the Facebook Group Page “Higgy’s On The Track”, Twitter Page “ @higgysOTT “, and Instagram “Higgy’s On The Track” (names may slightly change over time)
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. Facebook, Google, Microsoft, etc all have their own policies.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Cookies and Usage Data
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
Higgy’s On The Track Ltd. uses the collected data for various purposes:
- To provide and maintain the Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Canada or United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada and process it there.
Disclosure Of Data
Higgy’s On The Track Ltd. may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Higgy’s On The Track Ltd.
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
- Google Analytics
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: firstname.lastname@example.org
- By visiting this page on our website: https://www.higgys.ca
- By phone number: +1 (250) 588-8775
- By mail: B-1011 Johnson Street, Victoria, BC V8V 3N6 CANADA
Higgy’s On The Track (HOTT) Payment Accepted online: Visa, MasterCard, Amex, Interact, Apple Pay, Google Pay, e-transfer. We can also accept Cash at the track. Spots are reserved only when paid in full. Credit Card payments are subject to a 3% service fee.
CANCELLATION POLICY AND MEDICAL DISCLOSURE
IMPORTANT: When you register for a Track Day, you are paying for and taking up one ‘place’ on the track. Unfortunately, within two weeks (14 days) of the Track Day, we cannot easily substitute or fill ‘your place’ with another rider and full refunds will not be issued. Here are the full details for cancellations or transfers of a Higgy’s Track Day:
1. Cancellations or Transfers of a Higgy’s Track Day
A. If the cancellation is made:
1.1 – 30 days or more before the Track Day, we will charge you a $50.00 administration fee and receive a refund for the balance for that day, OR, we change you to a later date in the same season and you pay a $50.00 administration fee.
1.2 – 14 or more days before the Track Day begins, we will charge you a $100.00 administration fee and you receive a refund for the balance for that day, OR, we change you to a later date in the same season and you pay a $100.00 administration fee.
1.3 – Less than 14 days before the Track Day, Transfers and Cancellations are Not Permitted and there will be no refund.
B. If a customer does not attend the scheduled Track Day they are registered in will be considered to have cancelled less than 14 days, and there will be no refund.
For customers who have cancelled or requested transfer inside critical the 14 day window, we will endeavor to fill vacancies created in a Track Day by a Cancellation or a Transfer, by making the vacated place available to others. If we are able to fill such a vacancy by placing another customer in that Track Day, we will:
1. for Cancellations, refund to the customer who has cancelled inside the 14 days, a refund of fees paid less a $150.00 administration charge.
2. for Transfers (of the same Track Day but to a different customer) requested inside the 14 days, the transfer will be made upon payment of a $150.00 administration charge.
* All references to fees and specific amounts are exclusive of applicable taxes, and all such amounts are subject to and will have applicable taxes added.
Please be advised, HOTT administration will not break this policy, so please do not ask as there are no exceptions to the rule.
HEALTH AND MEDICAL DISCLOSURE
- Pandemic/COVID 19 – If the track is closed due to a Pandemic such as Covid-19 and Higgy’s is unable to hold one or several events then that portion of the Track Day Pass or Pack will be refunded.
- Customers MUST notify Higgy’s On The Track Ltd. if they suffer from any physical limitations, physical impairment, cognitive impairment, or are taking any medication that could adversely affect their physical or cognitive ability to operate the motorcycle in a safe manner. If you do not wish to disclose medial details on your application form, we strongly urge you to have a private written (email) discussion with Mark Higginbottom, Owner, prior to commencing riding. Being aware of physical or mental conditions allows Higgy’s staff to make some adjustments to your riding requirements, as well as maintaining the safest possible riding experience for you and other Higgy’s customers.
- HOTT does not provide Medical Insurance. All riders are responsible for providing their own personal medical insurance coverage (Note- this would likely be less of a concern for Canadian citizens)
REQUIREMENTS: WAIVER / LIABILITY
All riders are Required to carefully read and, if agreed, sign the VIMC/HOTT Waiver and hand in to a Higgy’s staff member each morning of each event. Generally speaking the waiver states that participation in Track Days is dangerous and that you will not hold HOTT or VIMC, their volunteers and staff, or any participants, riders or attendees liable for injury, damages, etc. You will Not be allowed on track until we receive your signed Waiver. All riders are expected to ride in a safe, courteous, and careful (“ride within your limits”) manner on track, but also in the paddock, parking lot, and the facility in general.
All riders MUST attend the mandatory morning riders meeting. Non-attendees will not be allowed on the track until they have sufficiently reviewed all aspects of missed riders’ meeting.
- Riding a motorcycle on track is dangerous. Serious Injury and even death is possible at a motorcycle track day. All riders who ride and or attend a HOTT Track Day do so entirely at their own risk and responsibility.
- All riders are responsible for their own personal medical insurance coverage. HOTT does not provide medical insurance. Reckless riding of any kind is subject to ejection from the event.
- Crashing– DON’T. If you do crash, the accident will be evaluated and if it is determined that it was caused by reckless or unsafe riding, it will result in ejection from the day’s event. If we feel it was just a simple incident and the medical staff clears you to be able to continue, we will attempt to return your bike back to a condition that is safe to ride and if desired, we will get you back on course.
- 15 vehicles are allowed on track at any given time/session.
- Any accidents, incidents, injuries, or damages having occurred must be promptly reported to Higgy’s staff.
- All motorcycles and safety gear must be inspected by tech inspection prior to re-entry to the track. The inspection is not a formal inspection; each rider is responsible for the careful and complete preparation of their motorcycle(s) to withstand the severe demands of day of performance riding at the track.
- Interruptions that occur during a HOTT track day caused by breaks, weather conditions, traffic, emissions, or safety, shall not be credited.
- Falsification or misuse of tech stickers (group jumping) will result in ejection from day’s event. No Refunds.
- We have very specific requirements for rider safety gear and motorcycles. We cover this in detail under General Information (Riding Gear Requirements).
- If an unregistered rider is found riding a registered rider’s bike, both the registered and unregistered riders will be ejected from the day’s event and banned from HOTT for the remainder of the year. No Refunds.
- Alcohol consumption, Cannabis consumption (of any kind), and illegal substances are strictly prohibited at any HOTT event. Having any medical issues that require to use such substances does not give you permission to participate.
- HOTT reserves the right to refuse admission to any individual.
- Riders ejected from any HOTT event forfeit all payments/credits for that day.
- Severability Clause: Should one or more provisions of this agreement be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by such valid provision as shall come closest, in factual and economic terms, to what the parties had intended.
- Any amendments or additions to this agreement shall require written form. Oral side agreements shall be valid only if confirmed in writing. HOTT’s general terms and conditions shall be part of this agreement only if and to the extent that this was explicitly agreed to in writing.