DEAL HUNTERS INC.
1. Registration on the Site is available to anyone over the age of majority who is capable of forming a legally binding contract under applicable laws and who truthfully and accurately provides all required information, including a legitimate email address. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on the Site including but not limited to, all transmissions and obligations (i.e. financial obligations) with your username and password or any other breach or threatened breach of the sites security of which you become aware.
2. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead the Company or our service providers. If you are registering or otherwise using the Site on behalf of a business, you are representing that you have authority to bind such business to the terms hereof.
3. The Site is a deal sharing platform that permits users to post deals they find in stores or online, or deals that they offer, promote, or sell in stores or online. We provide tools and listings services for you to post deals of products and services that you find, offer, promote, or sell in stores or online across Canada, the United States and internationally. The Company acts as a venue to and for the benefit of buyers and retailers of goods and services. The Deal Hunters Site also contains advertisements promoting the goods and/or services of others. Any user of the Site whose goods and/or services are offered and/or promoted and/or posted on the Site is referred to as a “Retailer”.
No Representation or Warranty
4. You may use the Site to view or purchase products or services posted by any other user, including any Retailer, and otherwise communicate with other users, including any third party company or Retailer. The Company is not a party to such transaction or communication, and is not a party to any contract, verbal or written, between you and any third party manufacturer, company or Retailer. You must contact the third party manufacturer, company or Retailer directly to determine the applicable terms, conditions, or warranties relating to a product and/or service imposed by such third party manufacturer, company or Retailer. Your use of the Site, disclosure of your personal information to any third party company or Retailer, and your purchase of any third party products or services is at your own risk. No representation or warranty is made hereunder whatsoever including as to the contractual terms pertaining to the products and services purchased or supplied by any Retailer. The Company does not guarantee any sales by any third party company or Retailer. The Company is not responsible for a failure of another user, a third party company or Retailer to use the Site effectively or as required by the Terms.
5. While the Company strives to keep all content current and correct, the Company makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of information, products, services, or related graphics contained on the Site or on any of the products and/or services linked from the Site. The Company will not be liable in any way and to any person for the access or use of the Site, including, but not limited to errors or omissions in any information sources.
6. The Company does not investigate or verify the content or products or services posted by any other user of the Site and shall not be responsible for any representations and warranties made by any user, including any Retailer, on the Site. The Site may contain links to third party websites and applications. These links are provided for your convenience and are not an endorsement by the Company of the content on the third party websites or applications.
Code of Conduct
7. You agree to use the Site in accordance with the following Code of Conduct:
(a) You will not use the Site to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
(b) You will not post, promote or distribute information that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
You will not use the Site to infringe the privacy rights, intellectual property rights, or any other rights of any person.
You will not use the Site in any manner that impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity.
You will not use the Site to promote or enable illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices.
You will not forward chain letters, junk mail or spam e-mails through the Site.
You will not use the Site in any manner intended to defraud, swindle or deceive any person or entity, including other users of the Site.
You will not use the Site to access or disseminate another person's personal information.
You will not use the Site to distribute or upload any virus, or malicious software of any type, or do anything else that might interfere with the proper functioning of the Site, or cause injury to the Company, the computer network or systems, or any other users' systems in any way.
You will not cause the Site to be accessed through any automated or robotic means, including but not limited to scripts, bots, other automated, or rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Site.
You will not harass, annoy, intimidate or threaten any employee or agent engaged in providing any portion of the Site to you.
If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your Site account login information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Site account or password.
You may not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt or in any way exploit the contents of the Site. You will use the Site and any contents of the Site solely for lawful purposes.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute available content. You may not take any action to interfere with, or disrupt, the Site or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to the user under the Terms. No permission is given to you to link or provide references to Site and to use any of the Company’s intellectual property rights, including trademarks and trade names to provide such links or references, unless you have written agreement with the Company’s permission.
You will not post, email, or otherwise make available any Content on the Site that: (a) constitutes or contains any form of advertising or solicitation if posted in areas of the Site which are not designated for such purposes; (b) includes a link or links to commercial services or websites that may disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other users' ability to use the Site, or (c) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content being transmitted.
Your Use of the Site
8. License. Subject to the Terms, the Company grants you a non-exclusive, non-transferable, revocable license to use the Site on your compatible mobile, desktop or other electronic devices.
9. Use of Site. The Site and all of its content is protected by copyrights, trade-mark, and other applicable intellectual property and proprietary laws, and is owned, controlled, and/or licensed by the Company and/or its affiliates or licensors. The Site and its content is made available solely for your own personal and lawful use. Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trademarks, signs, logos, or other names or copyright in the content in the Site without the expressed written consent of the applicable rights holder.
10. Our IPR. The content and design of the Site is protected by Canadian and international copyright laws.The Company is the sole and exclusive copyright owner of the Site and its content, including, but not limited to, visual interfaces, interactive features, text, graphical content, design, products, video, and data (“Our IPR”). You may not copy, reproduce, republish, upload, post, display, transmit or frame any of Our IPR without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with the Company or an affiliated the Company entity. You understand and agree that nothing in the Agreement assigns or transfers any rights, title or interests to the content or materials on the Site to you or any other user of the Site. The Company neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with the Company. You may use the information on the Site solely for your personal, non-commercial use. You agree not to use, display, distribute, modify, reproduce, reformat, sell, or promote Our IPR in any way except as expressly authorized by the Company. Except as otherwise authorized by the Company, the Company does not grant you any express or implied right or license to the Site, Our IPR, or the Company intellectual property rights.
11. Your IPR. You own all of the content that you submit to the Site (“Your IPR”). You specifically grant the Company, users of the Site, third party websites, mobile applications and any other entity that obtains Your IPR from the Site, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of Your IPR posted on or in connection with the Site. You irrevocably waive any claims or assertions any legal right that you may have in respect of the use of Your IPR. You represent and warrant that you are the sole author of Your IPR or have been provided express rights or permission from the rights holder to submit Your IPR.
12. You may be able to purchase products offered through the Site directly from the Company (“Company Products” and each, a “Company Product”). The Company endeavors to provide current and accurate information on the Site related to Company Products, however the Company cannot guarantee and does not warrant that Company Products will be available when ordered by you or that the content on the Site including, without limitation, product descriptions and photographs, are accurate and complete.
13. All prices for a Company Product shown on the Site are subject to confirmation by the Company. The advertisements for Company Products on the Site are invitations to you to make offers to the Company to purchase Company Products, and are not offers to sell by the Company. If you submit an order for a Company Product on the Site, that order shall constitute an offer to the Company and is subject to acceptance by the Company.
14. Specific sales terms such as delivery, shipping, handling fees, warranties (if any), and payment terms applicable to specific Company Products are provided on the Site at the time that you order a Company Product.
15. Payment for a Company Product can be made using a valid credit card acceptable to the Company and issued in the United States or Canada. We use a third-party service provider to manage credit card processing. Under our agreement with this service provider, it is not permitted to store, retain, or use your personal information or your billing information except for the sole purpose of credit card processing on our behalf.
16. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are specifically excluded and do not apply to any purchase of Company Products.
User Contributions to the Site
17. User Submissions. You agree that any and all ideas, suggestions and/or submissions forwarded or disclosed by you to the Company will not be subject to any obligation of confidentiality or expectation of compensation, that any and all rights that you may have in such ideas, suggestions and/or submissions are absolutely waived, and that the Company is free to implement the ideas, suggestions and/or submissions as it may from time to time desire, without obtaining any further permission from or notice to you.
18. Responsibility for Content. All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Deal Hunters Site, are the sole responsibility of the person who posted the Content. More specifically, each user of the Site, including each Retailer, is entirely responsible for all Content that such user posts, emails or otherwise makes available via the Deal Hunters Site.
19. No Intellectual Property Infringement. You warrant that no Content uploaded by you (including any component thereof) nor its display shall result in the infringement of any intellectual property rights. For content that is covered by intellectual property rights, like photos and videos, you specifically grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the Site. You waive all moral rights with respect to any copyright pertaining to or connected with any Content posted on the Deal Hunters Site.
20. Not to Depreciate Goodwill. You acknowledge that the profitability of the Company’s business is dependent on the goodwill achieved and maintained between the Company and any user, including any Retailer, and any vendor or purchaser of products and services offered on the Site. As such, you will not take any action that may serve to depreciate or impair the value of such goodwill.
21. No Expectation of Exclusivity. You understand that the Company may, without restrictions, display products and services and/or display advertisements of any person, company or entity, regardless of whether or not same are in competition with the products and services that you may promote or sell or with the Content that you post. You acknowledge that you have not been provided with any expectation of exclusivity with respect to any feature whatsoever on the Site, including without limitation the category or location of any product or service that you promote or sell or any Content that you post or share on the Site. The Content with respect to other products and services and any advertisements or other content posted or displayed on the Site in whatever format, shall be subject to the absolute discretion of the Company and you shall have no right to object to same.
22. Right to Restrict Content. All Content furnished by you is subject to the approval of the Company. Without limiting the generality of the foregoing, the Company has the right, but not the obligation, to refuse to accept or display and the right to delete or remove any Content from the Site which the Company decides, in its sole discretion: infringes on the intellectual property rights of the Company or of any third party, does not conform with all applicable laws, is not permitted to be viewed by persons under the age of majority, contains lascivious or obscene content, would bring the Company’s reputation into disrepute, does not conform with the Company’s technical and other reasonable requirements, including, but not limited to the format and quality of the Content, or which conflicts with any existing agreement between Company and any third party. The Company reserves the right to place the Content in such location within the Deal Hunters Site as it may determine in its discretion.
23. No Responsibility for Content. The Company is not responsible for Content made available by any user, including any Retailer, on the Site. By using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you will evaluate and bear all risks associated with the use of the Site and the viewing of any Content, that you may not rely on said Content, and that under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available on the Site. You acknowledge that the Company is not required to pre-screen or approve Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Site, for violating the letter or spirit of the Terms or for any other reason.
24. Company Rights to Make Postings Available on Other Locations. You acknowledge that the Content posted by you, or any part of such Content, may be re-posted by the Company on one or more of the Company’s applications or websites (in addition to the Deal Hunters Site) that offer advertisements and/or business listings which may be but are not necessarily operated by the Company. These Terms shall apply to such postings and you shall have no claim against the Company or the operator of such other of the Company’s applications or websites in connection therewith.
E-Mail Messages and Security
25. While every reasonable effort is made by the Company to ensure that the security of all information on the Site is in accordance with industry standards, you should take reasonable and appropriate precautions to scan for computer viruses. The Company recommends that you utilize firewall hardware. The Company cannot represent or warrant that the Deal Hunters Site is a secure repository. Regular, unencrypted e-mail messages over the Internet are not secure. The Company shall not be responsible for any unauthorized access to personal or confidential information that is contained in any email or other transmission relating in any way to the Deal Hunters Site. Use of the Site requires certain minimum hardware and software packages, as well as Internet access. The Company shall not be responsible for any of your costs associated therewith. You agree that that due to the proliferation of computer viruses and/or spyware, it is your sole responsibility to ensure their computer is free from all such programs and/or applications.
Availability of the Site
26. The Company reserves the right to change, suspend or discontinue any and all aspects of the Site at any time without prior notice to you and without reason or explanation. You agree that the Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account or otherwise terminate or restrict use of the Site and/or access to same.
27. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue the use of the Site. In such an event, you agree to destroy and cease all use of all materials and intellectual property rights of the Company obtained by you from the Site and all copies thereof.
29. Consent to Use of Data. You agrees that the Company may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, if any, related to the Site. The Company may use this information, as long as it is in a form that does not personally identify your, to improve its products or to provide services or technologies to your.
30. Consent to SMS Notifications. By opting into the Site’s SMS (short message service using a mobile communications data network to exchange short text messages) or e-mail communications, you acknowledge and accept that you will receive text messages on your mobile device or e-mails regarding your account information, program news, and promotions involving the Site.
You acknowledge and accept that text messages from the Company are not encrypted and information about your account may be included in text messages. You is responsible for keeping your personal information confidential and keeping your mobile device locked with a password. The Company is not responsible for lost, incomplete, stolen, undelivered, or misdirected SMS messages.
31. Canada’s Anti-Spam Legislation. By using the Site, you consent to receive commercial electronic messages such as emails and text messages for the purposes related to the Terms or use of the Site from the Company, including in the form of an electronic communication sent to you at the email address or mobile telephone number listed on your account or by communications posted on the Site. You may withdraw this consent by using the unsubscribe function on the electronic communication.
32. YOU UNDERSTAND AND AGREE THAT THE SITE AND ANY PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR OWN RISK. DEAL HUNTERS INC. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE. DEAL HUNTERS INC. MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SITE HAS BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE AND ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY INACCURACY, ERROR OR MISTAKE OF CONTENT, FOR ANY INJURY THAT ARISES OUT OF THE USE OF OR ACCESS TO THE SITE, AND/OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THE DEAL HUNTERS INC. SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. IN ADDITION, DEAL HUNTERS INC. DOES NOT GUARANTEE THAT USE OF THE SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, SERVICE VIRUSES OR WORMS, LOSS OF DATA OR CONTENT, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. DEAL HUNTERS INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER, RETAILER OR THIRD PARTY COMPANY. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE RETAILERS AND THIRD PARTY COMPANIES AND OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT ON THE SITE. DESPITE THE ABOVE, DEAL HUNTERS INC.’S TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST DEAL HUNTERS INC. WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL DEAL HUNTERS INC. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DEAL HUNTERS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWSOEVER ARISING RESULTING FROM ANY ASPECT OF USE OF THE SITE. ALL OF THE FOREGOING PROVISIONS APPLY LIKEWISE TO THE OFFERING OF GOODS AND SERVICES (AND ANY RESULTING PURCHASE OF SAME) RESULTING FROM USERS POSTING ADVERTISEMENTS ON THE SITE AND/OR UPLOADING CONTENT ON THE SITE PURSUANT TO WHICH SUCH USERS SOLICIT AND/OR SEEK RETAILERS OF GOODS AND/OR SERVICES.
33. You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, subsidiaries, affiliates, successors, assigns, service providers, and suppliers against any damages, losses, liabilities, judgments, costs or expenses (including reasonable legal fees and costs) arising out of a claim by any person arising or relating to your breach of the Terms or materials that you have posted on the Site and any other actions taken by you in relation to the Site.
Limitations of Liability
35. The Site may provide links to third party applications and websites, and some of the content appearing on the Site may be supplied by third parties by way of framing, metatagging or otherwise linking to other applications and websites. The Company shall not be responsible for any such content or information, nor shall it be liable for any damages incurred from viewing such linked applications or websites, including without limitation, damages caused by computer viruses, Trojan horses or other intrusive, destructive or disruptive codes which may be downloaded from such linked applications or websites.
36. If any provision or any portion of a provision of the Terms shall be unlawful, void or unenforceable for any reason, then any such provision or such portion of a provision shall be deemed severable to the extent that it is unlawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.
37. TAKE NOTICE THAT all prices referred to on the Site are stated in the currency applicable to the geographical location of the user who posts the product and/or service to the Site if the deal is in store, or in the currency used on the source website, if the deal is online, unless otherwise stated. If the price associated with a product and/or service is not in the currency applicable to your geographical location, such foreign currency will not be converted to your applicable currency. The products, services and prices listed on the Site are not subject to confirmation by the Company and the Company does not guarantee the price listed for any product or service posted on the Site. You must contact the applicable third party manufacturer, company or Retailer directly to determine the correct price and currency for any product and/or service posted on the Site.
38. The Terms are governed by the laws of the province of Ontario and the laws of Canada applicable therein without the application of conflict of laws principles. Any dispute arising from these terms shall be adjudicated pursuant to the laws of Ontario and Canada and is subject to the exclusive jurisdiction of a court of competent jurisdiction within the province of Ontario. Use of the Site made available hereunder by any user is conditional upon such user submitting and attorning to the exclusive jurisdiction of the courts of Ontario.
40. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que cette ententeet tous les documents qui s'y rapportent soient rédigés en anglais.
© 2017 Deal Hunters Inc. All rights reserved.