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Terms & Conditions

Effective 8 February 2021

Please read these terms and conditions carefully before using this internet site since both use of this Internet Site as well as all sales of products and services offered on this Internet Site are subject to the legal terms and conditions outlined below (collectively, the “Terms and Conditions”). These Sales Terms are applicable to the Big White Ski Resort Ltd. Online Shop (“Online Shop”) and to orders and sale transactions for products available at the Online Shop (“Product”).

The Online Shop is owned by and operated by Big White Ski Resort Ltd. Big White Ski Resort Ltd. is the seller of the Products.

With regard to your purchases in the Online Shop we will communicate electronically by sending email or posting electronically. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.

Please note that these Sales Terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.

SALES TERMS

These Sales Terms only apply to purchases made in this Online Shop. From time to time Big White Ski Resort Ltd. may change or alter these Sales Terms which will be applicable to orders placed on or after the effective date stated by Big White Ski Resort Ltd.

Information contained in Big White Ski Resort Ltd.'s advertising, brochures or other written materials, on Big White Ski Resort Ltd. websites or given to you, is for information only and not an offer by Big White Ski Resort Ltd. to supply any Products.

By placing an order for products you agree to be bound by and accept these sales terms.

PLACING AN ORDER

To be able to buy Products you have to:

ORDER PROCESSING AND CONTRACT FORMATION

You agree that your order is an offer to buy the Products listed in your order under these Sales Terms. All orders must be accepted by Big White Ski Resort Ltd. We may choose not to accept abnormal orders and orders which Big White Ski Resort Ltd. suspects are not placed in good faith.

PRICES, SHIPPING AND HANDLING, CHARGES AND TAXES

The price charged for a Product will be the price in effect at the time the order is placed and will be set out in the order confirmation. Big White Ski Resort Ltd. may change prices at any time without notice. Price increases will only apply to orders placed after such changes.

Big White Ski Resort Ltd. charges sales tax where required by law. If you are shipping to provinces where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your Big White Ski Resort Ltd. Order. Prices for the Products do not include charges for shipping and handling.

Separate charges for tax and shipping will be itemized in your shopping cart and on Your Big White Ski Resort Ltd. order confirmation.

PRODUCT AVAILABILITY AND DELIVERY

Big White Ski Resort Ltd. does not guarantee the availability of any Product in the Online Shop. Big White Ski Resort Ltd. reserves the right, without liability or earlier notice, to change, discontinue or stop making any Product.

Delivery options are defined in checkout and may change.

If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Big White Ski Resort Ltd.

Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the returns policy.

TITLE TO PRODUCTS

Big White Ski Resort Ltd. retains full legal title to Products until it has received all amounts due on the ordered Products.

PERSONAL DATA

The Big White Ski Resort Ltd. privacy policy and additional provisions in these Sales Terms govern the use of your personal data. Purchasing of goods in the Online Store requires that you accept the Big White Ski Resort Ltd. privacy policy and the processing of personal data as described in the Big White Ski Resort Ltd. privacy policy, as defined in the following link: www.bigwhite.com/resort-policies.

LIABILITY

These Sales Terms set out the full extent of our obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these Sales Terms. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

In no event shall Big White Ski Resort Ltd. be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this internet site or any content on this internet site even if Big White Ski Resort Ltd. has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

GENERAL

If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

GOVERNING LAW

These Sales Terms shall be governed and construed in accordance with laws of the Province of British Columbia, Canada.

TRADEMARK POLICY

Big White Ski Resort Ltd. is the owner of the following registered trademarks: in Canada, BIG WHITE SKI VILLAGE, Reg. Num. TMA 228659; BIG WHITE & DESIGN, Reg. Num. TMA 350925; and BIG WHITE, Reg. Num. TMA 448822 and in the United States, BIG WHITE, Reg. Num. 2546131, for a variety of wares and/or services. In addition, Big White Ski Resort Ltd. is the owner of certain common law trademark rights with respect to its BIG WHITE family of marks in Canada and internationally and the owner of certain other intellectual property which is protected under copyright, trademark or other intellectual property laws. Use of any intellectual property owned by Big White Ski Resort Ltd. without its prior express written consent is strictly prohibited.

Any questions regarding the Trademark Policy should be directed to Senior VP, Michael Ballingall at [email protected].

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