Terms of Use

VOUCHFOR! INC. (“VOUCHFOR!”) PROVIDES THIS WEBSITE (THE “SITE”) TO YOU (THE “END USER” OR “YOU”) SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS OF USE, DO NOT USE THIS SITE.

Thank you for becoming a member of the Vouchfor! community. Please take some time to carefully read these Terms of Use, as Vouchfor! wants to make sure you are aware and comfortable with all of Vouchfor!’s policies. One of the most common concerns most people have is what Vouchfor! does (or does not do) with your personal information. Please visit Vouchfor!’s Privacy Policy for a complete breakdown of everything you need to know, but rest assured, Vouchfor! will not share your personal information with any outside source, except as set forth in the Privacy Policy. The main reason Vouchfor! needs your email address is so that you can receive your vouchers and to make you aware of other Merchant Campaigns (defined later herein) running on Vouchfor!. Most of your email exchanges happen between you and someone you know (like a friend or colleague referring a merchant, or your favourite florist, for example) and not from a stranger here at Vouchfor! (though we are all nice people, honestly!).

1. ACCEPTANCE OF TERMS OF USE

By clicking the “Continue” button before you share an Offer (defined later herein) with a friend or colleague, or clicking the “Send My Voucher” button to request a Voucher (defined later herein) , you are accepting and agreeing to the terms and conditions set forth in these Terms of Use and to follow all applicable regulations that apply to this Site. Links to the Terms of Use and Privacy Policy are available on the web pages for review by you prior to clicking either of the buttons described in this section. If you do not agree to these Terms of Use you must stop using the Site.

2. GENERAL

The Vouchfor! website provides interactive online services (the “Services”) operated by Vouchfor! consisting of information services, content and transaction capabilities facilitated through Vouchfor!, affiliates of Vouchfor! and merchants (“Merchants”) for purposes of offering, managing and monitoring vouchers (“Vouchers”) which may be utilized for the purchase of goods/services at Merchants and other third parties. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

Vouchfor! shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Vouchfor! may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

You represent that you are of legal age to form a binding contract. You must be at least 13 years old to be eligible to use the Site.

3. VOUCHERS

Vouchfor! provides consumers with opportunities to purchase products and services from Merchants. Merchants are willing to offer attractive Vouchers to its customer contacts (“Customers”) in order to reach a broader consumer community by referring their friends to the Merchant.

  • How It Works
    Vouchfor! assists in providing Customers of merchants with Vouchers for promotional deals, discounts and incentives on behalf of selected Merchants. Each such deal, discount or incentive created and issued by the Merchant provides for a primary offer (the “Offer”), to be received by the Customer (each such Offer entitling a Customer (the “Customer Offer”), subject to the terms thereof, to receive a “Customer Voucher”) and a secondary voucher for any friends or invitees of the Customer (each a “Friend”) to be received by them (the “Friend Voucher”) through social media and email invites from the Customer (the “Friend Offer”).By inviting Friends to utilize the Friend Vouchers, a Customer will take the first step to earning a Customer Voucher. Once a Customer’s Friend asks for and receives their Friend Voucher by email from the Vouchfor! system, and then uses the Friend Voucher at the Merchant, the Merchant will enter in to the Vouchfor! system the unique Friend Voucher identifier which will initiate the distribution of the Customer Voucher to the Customer by email in accordance with the terms of the Offer. An email address is required to be provided to Vouchfor! by Customers and Friends in order for them to receive their Offers. An Offer, Customer Offer, and Friend Offer shall collectively be known as a “Campaign”.A Customer who forwards by email or otherwise makes known using Facebook or Twitter or other electronic means to a Friend the URL link of their Friend Offer, acknowledges, accepts, and consents to and hereby grants Vouchfor! permission to share the Customer’s first and last names with any Friend who views the Friend Offer or requests, receives or redeems the Friend Voucher.A Friend who requests, receives or redeems a Friend Voucher acknowledges, accepts, and consents to and hereby grants Vouchfor! permission to notify the Customer from whom the Friend originally received the Friend Offer that the Friend has requested, received or redeemed the Friend Voucher using the Friend’s first and last names.A user account for the Customer and the Friend is required so Vouchfor! can collect information to allow Vouchfor! to account for incentives accumulated by Customers and their Friends and provide them with easy access to print Vouchers, trade Vouchers on the Voucher Exchange and modify their preferences.
  • Expiration Dates
    The expiration date for both Customer Vouchers and for Friend Vouchers is printed on the applicable Voucher. The Merchant is obligated to honour the Vouchers in compliance with law. However, Vouchfor! shall bear no responsibility for the failure of any Merchant to honour any Voucher before the expiration date.
  • Specific Terms
    Each Merchant will have specific terms associated with a Voucher, which will be presented to the Customer and Friends at the beginning of the promotion. Specific terms supersede any inconsistent terms in these Terms of Use, except to the extent such terms are prohibited by applicable law.
  • Global Terms
    Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

    • there is no cash value for any Voucher
    • no cash back or credit will be issued for partial redemption of a Voucher
    • use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable law)
    • Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher
    • Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable
    • neither Vouchfor! nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers
    • duplicate use, sale or trade of a Voucher is prohibited, except as permitted on the Voucher Exchange or as required by law
    • unless otherwise noted in the Voucher, the Voucher does not include sales, value added or use taxes, which may be charged to a Customer or Friend separately by the Merchant at the time the Voucher is redeemed.
  • Merchant Responsibility
    Vouchfor! acts solely as a facilitator in promoting interaction between the Merchant, Customers and Friends. However, the Merchant is the creator, owner and issuer of their Offers and Vouchers. As issuer of the Vouchers, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you, caused in whole or in part by the Merchant or its products and services. By agreeing to these Terms of Use, you acquire the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms and conditions of these Terms of Use. Whether you choose to print and/or redeem a Voucher is within your sole control and at your sole discretion. You shall not alter or modify any Voucher or any information or other content found therein in any manner whatsoever. You agree to indemnify and hold Vouchfor! (and its affiliates, officers, directors, agents and employees) harmless from any claim or demand, including reasonable legal fees, or arising out of or related to any action or inaction on the part of the Merchant or in relation to the Merchant’s products or services.
  • Products Available For Sale
    The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Vouchfor! reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. Vouchfor! does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
4. OWNERSHIP AND COPYRIGHT

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Vouchfor! logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, messages, information, text, music, sound, photos, graphics, code or other material and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of Vouchfor! or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.

5. COPYRIGHT AND TRADEMARKS

Vouchfor!, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Vouchfor! and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vouchfor! or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Vouchfor! and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vouchfor! All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Vouchfor!

Everything located on or in this Site is the exclusive property of Vouchfor! or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHER MODIFICATION OF THIS SITE OR ANY MICROSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF VOUCHFOR! IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and /or criminal penalties.

6. LICENSE AND SITE ACCESS

Vouchfor! grants you a limited license to access and make personal use of the Site and the Services and to view and print portions of the Site Content. Such license is subject to these Terms of Use, and specifically conditioned upon the following: (a) you may only view, copy and print portions of the Site Content for your own informational and personal use; (b) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (c) you may not use the Site or the Site Content other than for its intended purpose; and (d) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Vouchfor! is strictly prohibited and will terminate the license granted herein.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Vouchfor! against any liability to any person arising out of your use of Site Content not in accordance with these Terms of Use.

To request permission for uses of Site Content not included in the foregoing license, you may contact Vouchfor! at the address set out at the bottom of these Terms of Use.

Vouchfor! controls and operates this Site from its location(s) in Canada. Vouchfor! makes no representation that this Site is appropriate or available for use in other locations. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You are expressly prohibited from using or accessing this Site from any location in which this Site and/or any Site Content and/or Services would violate any law within of that jurisdiction.

7. INDIVIDUAL USER ACCOUNT ELIGIBILITY

Vouchfor! is not available to minors under the age of 13 or to any users suspended or removed from the system by Vouchfor! for any reason. Users may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Vouchfor! account to another party.

8. USER INFORMATION, REGISTRATION DATA, EMAIL ALERTS AND ACCOUNT SECURITY

The right to use this Site is given on an individual basis to each specific end user and is not transferable. Each end user is responsible for protecting the confidentiality of its password(s), if any. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms in establishing a user account on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Vouchfor!, and to keep it accurate, current and complete; (d) consent, upon registration with the Site, to having your email address included on an email alert list whereby you will be alerted by email of certain offers and promotions presented. You can unsubscribe from email alert list(s) at any time by clicking on the appropriate links in any email alert you receive; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to Vouchfor!

You acknowledge that, although the Internet is typically a secure environment, sometimes there may be interruptions in service or events that are beyond the control of Vouchfor! and that Vouchfor! shall not be responsible for any data lost while transmitting information on the Internet. While Vouchfor! endeavours to make the Site accessible 24 hours per day, 7 days per week, it is possible that the Site may be unavailable from time to time for any reason including, without limitation, for routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by Vouchfor!, your access to the Site may be interrupted, suspended or terminated from time to time or generally.

Vouchfor! has the right to change or discontinue any aspect or feature of the Site and Vouchfor!’s business, including, but not limited to, content and hours of availability. Further, Vouchfor! may discontinue any portion of the Site or any information disseminated or displayed or the method of such dissemination or display at any time.

9. PRIVACY AND USER COMMUNICATIONS

Vouchfor! will only use personal information you provide to Vouchfor! in accordance with the Privacy Policy. You hereby consent and agree to the use and disclosure of your personal information in accordance with the Privacy Policy.

Vouchfor! is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from Vouchfor! by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.

10. DISCLAIMER OF WARRANTY

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. VOUCHFOR! DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH A LINKED SITE BY ANY PARTY OTHER THAN VOUCHFOR! (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL VOUCHFOR! BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT OBTAINED FROM A LINKED SITE.

11. LIMITATION OF LIABILITY

You waive and covenant not to assert any claims or allegations of any nature whatsoever against Vouchfor!, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Site, the Services, the Site Content or any other materials contained in or accessible through the Site.

In no event shall the aggregate liability of Vouchfor!, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to Vouchfor! for access to or use of the Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VOUCHFOR! AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VOUCHFOR! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

12. INDEMNITY

You hereby release and forever discharge Vouchfor!, its affiliates, and their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns (collectively, “Releasees”) from any and all claims, liabilities, obligations, actions, causes of action, suits, debts, covenants, controversies, damages, judgments and demands whatsoever in law, equity or any kind, type, or description, whether known or unknown, disputed or undisputed, accrued or unaccrued, liquidated or contingent, foreseen or unforeseen, asserted or unasserted, related to or arising out of any dispute with, any harm or injury (including, without limitation, personal injury or damage to property) caused by, or any other act or failure to act by, any, advertisers, sponsors, other users of this Site and/or any other third parties, including any products and/or services offered or provided by third parties.

You agree to indemnify, defend and hold harmless all Releasees from and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) that relate to, arise out of or are based upon: (a) any misrepresentation or breach of any warranty, covenant or agreement made by you related to these Terms of Use; or (b) any violation by you of any law, regulation or rule. Vouchfor! reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations. Vouchfor! shall have the right to participate in the defense of all claims as to which it does not assume defense and control, and you shall not settle any such claim without Vouchfor!’s prior written consent. You also agree to indemnify Vouchfor! for any reasonable legal fees or other costs incurred by Vouchfor!, acting reasonably, in investigating or enforcing its rights under these Terms of Use.

13. ELECTRONIC COMMUNICATION

When you use the Site or send emails to Vouchfor!, you are communicating with Vouchfor! electronically. You consent to receive communications electronically from Vouchfor! and its subsidiaries, affiliates and licensors. Vouchfor! will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically, whether by email, posting notices on the Site or otherwise, satisfy any legal requirement that such communications be in writing.

14. USER CONDUCT AND USE OF INTERACTIVE AREAS

This Site is private property and all interactions on this Site must comply with these Terms of Use. You are required to restrict any and all activity with the Site to that which involves lawful purposes only.

The Site may contain discussion forums, bulletin boards, public recommendations, service reviews or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Site (“Interactive Areas”). If Vouchfor! provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  • content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
  • content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, federal or international law
  • content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party
  • content that would violate or infringe upon the rights of others
  • content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
  • content that is false and misleading
  • unsolicited promotions, political campaigning, advertising or solicitations
  • viruses, corrupted data or other harmful, disruptive or destructive files
  • content that is unrelated to the topic of the Interactive Area(s) in which such content is posted or
  • content that, in the sole judgment of Vouchfor!, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Vouchfor! or its affiliates or its users to any harm or liability of any type.

Vouchfor! takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Vouchfor! liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site. As a provider of interactive services, Vouchfor! is not liable for any statements, representations or content provided by its users in any Interactive Area or elsewhere on the Site. Although Vouchfor! has no obligation to screen, edit or monitor any of the content posted to or distributed through any Interactive Area, Vouchfor! reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Site at any time and for any reason. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with governmental requests, subpoenas or court orders, to protect Vouchfor!’s systems and customers, or to ensure the integrity and operation of Vouchfor!’s business and systems, Vouchfor! may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and you hereby acknowledge such right of Vouchfor! and consent and agree to any such disclosure.

15. HYPERLINKS AND THIRD PARTY CONTENT

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Vouchfor! or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Vouchfor! logo or other proprietary graphic of Vouchfor! to link to the Site without the express written permission of Vouchfor! Further, you may not use, frame or utilize framing techniques to enclose any Vouchfor! trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Vouchfor!’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Vouchfor! or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Vouchfor! or any third party without the prior written permission of Vouchfor! or such other party that may own such patent, trademark, copyright or other proprietary right(s).

The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. By using any Third-Party Site you agree to comply with all terms of use applicable thereto. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Vouchfor! does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Vouchfor! provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Vouchfor!’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Vouchfor! accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Under no circumstances will Vouchfor! be liable for any loss or damage caused by an end user’s reliance on information obtained through Vouchfor! It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site and Third Party Sites.

16. RIGHTS TO USER CONTENT

By posting or distributing content to or through the Site, unless Vouchfor! indicates otherwise, you (a) grant Vouchfor! and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised; (b) grant Vouchfor! and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such content to or through the Site (ii) such content is accurate and not misleading and (iii) use and posting or other transmission of such content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant Vouchfor! the right to pursue at law any person or entity that violates your or Vouchfor!’s rights in the content by a breach of these Terms of Use.

17. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

18. MODIFICATIONS AND NOTIFICATION OF CHANGES

Vouchfor! reserves the right to make changes to the Terms of Use and/or Privacy Policy necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We therefore suggest that you re-read the Terms of Use and Privacy Policy from time to time to be aware of any such changes. By using this Site after any such changes to the Terms of Use and/or Privacy Policy have been made you impliedly agree to the Terms of Use and Privacy Policy expressed herein and are deemed to accept such changes. Changes to the Terms of Use are effective immediately upon being posted to this Site, whether on this Terms of Use page or elsewhere on the Site. If you do not agree to any amended Site Terms, you must stop using the Site.

19. CONDITIONAL USE OF OUR SITE AND SERVICES

Your permission to use Vouchfor! is conditioned upon your agreement that you:

  • will not copy or distribute any part of Vouchfor! in any medium without Vouchfor!’s prior written authorization
  • will provide accurate information when creating an account or registering for our Services
  • are solely responsible for your user ID and the activity that occurs while signed in to or while using Vouchfor! using your user ID
  • will not use Vouchfor! to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes
  • will not use the communication systems provided by or contacts made on Vouchfor! for any commercial solicitation purposes
  • will not attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site
  • will not attempt to gain access to secured portions of the Site or Services to which you do not possess access rights
  • will not upload or transmit any form of virus, worm, Trojan horse, or other malicious code
  • will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site
  • will not use the Site or Services to generate unsolicited email advertisements or spam
  • 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;
  • will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Services, or any systems or networks connected to the Site
  • are solely responsible for content submitted by you, including discussion posts, profile information and links, pictures, and other such content
  • represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Vouchfor! to use any and all content submitted by you to Vouchfor! in accordance with the licenses granted in these Terms of Use
  • hereby grant each Vouchfor! user, whether using Vouchfor! or an application authorized by Vouchfor! but developed via a third-party developer, a non-exclusive license to access the content you submit through Vouchfor! and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through Vouchfor!’s functionality and under these Terms of Use
  • will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to Vouchfor! and
  • hereby affirm that Vouchfor! has the right to determine whether any of your submitted content is appropriate and complies with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
20. VIOLATION OF TERMS OF USE

Vouchfor! may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Vouchfor!’s rights or property, or the rights or property of visitors to or users of the Site. Vouchfor! reserves the right at all times to disclose any information that Vouchfor! deems necessary to comply with any applicable law, regulation, legal process or governmental request. Vouchfor! also may disclose your information when Vouchfor! determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Vouchfor! may preserve any transmittal or communication by you with Vouchfor! through the Site or any Service offered on or through the Site, and may also disclose such data if required to do so by law or Vouchfor! determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process (b) enforce these Terms of Use (c) respond to claims that any such data violates the rights of others or (d) protect the rights, property or personal safety of Vouchfor!, its employees, users of or visitors to the Site, and the public.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice, causing irreparable harm to Vouchfor!, for which monetary damages would be inadequate, and you consent to Vouchfor! obtaining any injunctive or equitable relief that Vouchfor! deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Vouchfor! may have at law or in equity.

If Vouchfor! does take any legal action against you as a result of your violation of these Terms of Use, Vouchfor! will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Vouchfor! You agree that Vouchfor! will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

21. NON-CONFIDENTIALITY

You understand that much of the information that you submit to Vouchfor! (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Vouchfor!, and therefore such information is not subject to any confidentiality obligation. Any communications between you and Vouchfor!, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by Vouchfor! to be non-confidential and non-proprietary, and you agree that such information may be used by Vouchfor! without any limitation whatsoever.

22. ADVERTISEMENTS AND PROMOTIONS

Vouchfor! may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Vouchfor!, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Vouchfor! is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

23. TERMINATION

Vouchfor! may change or discontinue the Site or any of the Services at any time without prior notice. Vouchfor! reserves the right to terminate your use of this Site and the Services at Vouchfor!’s election and for any reason, without prior notice, and your agreement with Vouchfor! in accordance with these Terms of Use will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honoured according to its terms and the terms and conditions of these Terms of Use.

24. SURVIVAL OF TERMS

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

25. APPLICABLE LAW AND VENUE

The Site (excluding Third-Party Sites) is controlled by Vouchfor! and operated by it from its offices in Toronto, Ontario. However, the Site is accessible in all Provinces of Canada and in other countries. You and Vouchfor! explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to these Terms of Use (b) the Services (c) oral or written statements, advertisements or promotions relating to these Terms of Use or to the Services or (d) the relationships that result from these Terms of Use or the Services (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Vouchfor! related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Vouchfor! If you have a Claim, you should give written notice to arbitrate at the address specified below. If Vouchfor! has a Claim, Vouchfor! will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Vouchfor! for your failure to comply with any such laws.

26. OTHER

If any provision of these Terms of Use are deemed invalid, void, or for any reason unenforceable, then that provision shall be deemed severable form these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Vouchfor! may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Vouchfor!, and any such attempted assignment will be void and unenforceable. These Terms of Use constitute the entire agreement between you and Vouchfor! regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Vouchfor! regarding your use of the Site. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Vouchfor! to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Vouchfor! does not guarantee it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided herein, there shall be no third-party beneficiaries to these Terms of Use. These Terms of Use constitute the entire agreement between you and Vouchfor! and govern your use of the Site, superseding any prior agreements between you and Vouchfor! with respect to the Site.

The parties hereto confirm their express wish that these Terms of Use and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.

27. QUESTIONS AND COMMENTS

If you have any questions regarding these Terms of Use or your use of the Site, please contact us here:

Vouchfor! Inc.
200 Adelaide Street West
Suite 300
Toronto, ON
M5H 1W7

By email: support@vouchfor.com

Last updated: May 26, 2011

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