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“Half-Price Tuesdays” Terms of Service – updated May 15, 2014
In these Terms of Service, "you" refers to the person accessing or using the websites located at www.HalfPriceTuesdays.ca and other online areas operated by Corus Radio Company (the “Company”, “we”, “us”, etc.) (individually and collectively, the "Site"). “Company”, “we”, “us”, etc. refers to the company that operates the Site, which provides users the opportunity to purchase products and services from third party merchants ("Merchants") with a time-limited promotional added value (“Deals”), as well as interact with other users regarding the Deals, all of which are referred to herein as the “Services”. References to Company herein include both the Company’s Site and Services.
Acceptance of Terms through Use
Your Account and Profile
You can access the Site and Services by creating a personal account and profile on the Site, registering at https://halfpricetuesdays.ca/register.php and obtaining user identification credentials (a “User ID”) to login to the Site. In obtaining a User ID, you agree to provide only accurate and complete registration information, and you will notify Company if any of the information requested for registration changes. Your User ID credentials are personal to you and you are responsible for preventing access to the Site and Services by any other person with such credentials. You may not allow any third parties to register for a new account or access the Site or Services under your name. Please notify Company immediately if you become aware that your User ID is being used without your permission.
Half-Price Tuesdays – How it Works
1. Creating an Account and Placing an Order
2. Gift Certificates
All Gift Certificates purchased on the Site (hereinafter a “Gift Certificate” or “Gift Certificates”) are promotional gift certificates that are purchased from participating Merchants to be used in exchange for goods and services at a discount from their actual cost. The value of a Gift Certificate above the amount you pay for it is its “Promotional Value” By placing an order for a Gift Certificate from a Merchant through the Site, you make an offer to purchase the Gift Certificates you have selected in accordance with these Terms and Conditions and any additional restrictions associated directly with that Gift Certificate.
In terms of making payment for a Gift Certificate, we currently accept Visa, MasterCard and American Express. Details regarding your payment are requested using our secure online shopping cart. You will be asked to provide the three-digit security number printed on the back of your card. These digits provide an added measure of security against unauthorized transactions.
After paying for a Deal, the payment amount will be charged to your credit card and you will receive a confirmation at your email address confirming your purchase of the Deal. All purchases made will be expressed in Canadian dollars.
The Gift Certificate you purchase through the Site is redeemable for goods or services for sale by the Merchant. The Merchant, as opposed to the Company, is the seller of the Gift Certificate and the related goods and services and is solely responsible for redeeming any Gift Certificate you purchase.
3. Expiration Dates
An expiration date for a Gift Certificate may be indicated on the Gift Certificate, but will be subject to any applicable laws that require that the Merchant extend the period in which the Gift Certificate may be redeemed. The Merchant is obligated to honour the Gift Certificate in compliance with local laws. If the Merchant refuses to honour the Gift Certificate before any legally permitted expiration date, then Company will refund the paid portion of your Gift Certificate to the Credit Card you used to purchase the Gift Certificate.
4. Deal-Specific Terms
Each Deal may have specific terms associated with the Deal, which will be presented to you before you commit to purchase a particular Deal. Deal-specific terms shall supersede any inconsistent terms in these Terms of Service to the extent of the inconsistency, unless such Deal-specific terms are prohibited by law.
5. Global Terms
Unless otherwise stated on or in relation to the Gift Certificate or required by law, the following additional terms apply to all Gift Certificates:
6. Merchant Responsibility
Company markets the Deals and facilitates the sale of the Gift Certificates on behalf of the Merchants. The Merchant is the issuer of the Gift Certificate. As issuer of the Gift Certificate, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Certificates. By purchasing a Deal, a customer acquires the right to print the associated Gift Certificate issued by the participating Merchant and to use the Gift Certificate according to its terms and the Terms of Service. Whether you choose to print and/or redeem the Gift Certificate is within your sole control and at your sole discretion.
7. Promotions of the Deal Program
From time to time Company may offer special promotions or contests intended to provide you with an incentive to purchase Deals. The applicable rules will be posted on the Site in or near the description of each such promotion or contest.
8. Products Available for Sale
While the Site can be accessed from countries around the world, you understand that some or all of the products or services provided on the Site and any sales in relation thereto are only subject to the laws of the Province of Ontario and the laws of Canada applicable therein.
Company will provide a refund of the purchase price of a Gift Certificate if you are unable to redeem it because of the following reasons: (a) because the relevant Merchant has gone out of business or (b) because the Gift Certificate cannot be fulfilled due to a reason beyond Merchant’s or Company’s reasonable control, including but not limited to, strikes, natural disasters, earthquakes, fire, riots, floods, and other similar events. In the event a refund is given for any of these reasons, you agree that your sole remedy is obtaining a refund of the purchase price of the Gift Certificate and you forever and unconditionally release Company and Merchant from any liability claims, charges or demands stemming from their inability to honour a Gift Certificate, including but not limited to, their inability to provide the Promotional Value associated with a Deal.
In order to receive a refund for any reason, you must provide the following information in writing to firstname.lastname@example.org (a) a copy of the Gift Certificate and the name of Merchant with whom you sought to redeem the Gift Certificate, (b) an accurate and complete statement indicating the date and time you attempted to redeem the Gift Certificate with the Merchant, and the reasons cited by the Merchant for refusing to redeem the Gift Certificate or otherwise being unable to fulfill your order, and (c) a sworn statement, that the Gift Certificate had not previously been redeemed with the Merchant.
Company may change or discontinue the Site or any of the Services at any time without prior notice. Company reserves the right to terminate this Agreement in its sole discretion and for any reason, without prior notice. This Agreement will automatically terminate in the event that you violate any of these Terms of Service. In the event of termination for any reason, you will immediately cease using and accessing the Site and Services. Any Gift Certificate issued prior to termination will be honoured according to its terms and the Terms of Service specifically applicable to such Gift Certificate, or as otherwise required by law.
11. Links to Third Party Sites & Services
12. Security and Privacy and Non-Confidentiality
Any communications between you and Company, such as email or other correspondence, in which you offer suggestions, comments or ideas for improving or modifying the Site or Services will be deemed to be non-confidential and non-proprietary and you agree that such information, but not your personal information, may be used by Company without any limitation whatsoever. You grant to Company and its affiliates a royalty-free license to use any such comments, suggestions or ideas in any manner or media, globally, forever, without any obligation to you. This includes the right to use any ideas you submit (including ideas about our Site, Services or advertising campaigns) in any manner that Company chooses, without any obligation to you.
13. Representations and Warranties
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms of Service and for no other purpose. By using Company, and its Site and Services, you represent and warrant that: you are the age of majority in your province of residence, or possess parental or guardian consent and are fully able and competent to adhere to the terms, conditions, representations and warranties set forth herein; you will abide and comply with these Terms of Service; you will not copy or distribute any part of the Site in any medium without Company's prior written consent; you will provide accurate information when creating an account or registering for our Services; you are solely responsible for your User ID and the activity that occurs while signed in, including any Content submissions, such as discussion posts, profile information, links, pictures, and other such content; you represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Company to use any and all Content submitted by you to Company in accordance with the licenses granted in this Agreement; you hereby grant each Company user, whether using Company or an application authorized by Company but developed via a third-party developer, a non-exclusive license to access the Content you submit through Company and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Company’s functionality and under these Terms of Service; you will not submit Content or do anything to infringe third party rights, including but not limited to, privacy, publicity, copyright, trade-mark, trade secret rights, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Company; you will not submit Content that is defamatory, obscene, vulgar, harassing, threatening, in violation of any human rights legislation or encourages conduct that would be considered a criminal offense, give rise to civil liability, damage Company or other parties, violate any law, or is otherwise inappropriate, as determined by Company in its sole discretion; you will not use Company or its Site or Services for any unlawful purposes, including but not limited to, collecting the personal information, including, without limitation, account names, email addresses, or other such information, of third parties; and hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, to remove any and/or all of your submissions, and/or to terminate your account with or without prior notice, all of which shall be in our sole discretion. Except where otherwise noted, you may download, print or view individual pages accessible on the Site for non-commercial use only, provided you do not delete or change any of the information, including copyright or trade-mark notices contained therein. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site, use the Site or Services to generate unsolicited email advertisements or spam; or otherwise in any way exploit any of the content of the Site, in whole or in part. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our written permission is strictly prohibited. You agree not to upload or transmit any form of virus, worm, Trojan horse, or other malicious code. You will not attempt to gain access to secured portions of the Site or Services to which you do not possess access rights. You will not use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.
14. Disclaimer of Warranty
15. Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. UNDER NO CIRCUMSTANCES SHALL THE SITE, THE COMPANY, ITS AFFILIATES, SUBSIDIARIES OR PARENT COMPANIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Company, its affiliates, subsidiaries and parent company and each of their officers, directors, employees, shareholders, licensees, representatives, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use or misuse of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defences. This defence and indemnification obligation will survive these Terms of Service and your use of the Site and Services.
17. Intellectual Property
You acknowledge that all content and materials available on the Site, including the selection, coordination, arrangement and enhancement of such content, as well as content original to Company or its licensors, are protected by national and international copyright, trade-marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Company or our licensors or Company has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all names, logos, trade-marks and designs included on the Site are trade-marks of, or used under license by, Company. Company does not grant any licence to you by virtue of this Agreement of these intellectual property rights, except for the limited right to use the Site and Services in accordance with this Agreement. Any product and/or trade names that are mentioned on the Site or are provided as part of the Services may be trade-marks of their respective owners. Company reserves all rights that are not expressly granted to you in this Agreement. Company’s licensors retain exclusive ownership of all data, material, text, software, scripts, graphics, photos, sounds, interactive features and the trade-marks and logos contained therein ("IP"). The IP is owned by or licensed to Company, subject to copyright and other intellectual property rights under Canadian law, the law of the jurisdiction where you reside, and international conventions. Content provided by Company is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company and/or the respective owners.
By posting or submitting Content to the Site, you grant Company and its licensees or assignees a perpetual, non-exclusive and royalty-free licence to use, reproduce, display, perform, adapt, modify, distribute and promote such Content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the Content you post or submit to the Site and that our public posting and use of your Content will not infringe or violate the rights of any third party.
Company shall have the right, but not the obligation, to monitor any Content appearing on the Site, including, but not limited to, public forums, to determine compliance with this Agreement and any operating rules established by Company and to satisfy any law, regulation or authorized government request. Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site without our permission. Without limiting the foregoing, Company shall have the right to remove any material that it, in its sole discretion, finds to be in violation of the provisions of this Agreement or otherwise deemed offensive or objectionable. Notwithstanding the foregoing, Company is not responsible for the Content that you or any user posts on any forum on the Site and your reliance on any such Content is solely at your own risk.
18. Electronic Communications
The communications between you and Company use electronic means, including but not limited to your accessing the Site, via email, or notices posted to the Site. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
19. Security Precautions
20. Entire Agreement, Changes to this Agreement and Waivers
21. Local Laws, Choice of Law, Location for Resolving Disputes
By choosing to access the Site from any location other than the Province of Ontario, you accept full responsibility for compliance with all local laws that are applicable. Company makes no representation that materials on the Site are appropriate or available for use in locations outside of Ontario, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Service or your use of the Site (including non-contractual disputes or claims) shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
22. General Terms
You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Company may assign this Agreement, provided any such assignee assumes all of its obligations hereunder. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
23. Privacy and Disclosure
(c) 2014 Corus Radio Company