Terms and Conditions
1. Quickee Deals Use of Services
COMPANY offers online resources for social networking, commerce and content creation on QuickeeDeals.com, including communications tools, affiliate marketing, member to member sales, online forums, personalized content and branded programming.
COMPANY offers QuickeeDeals.com to YOU, provided that YOU represent that YOU are of legal age to create binding contractual and financial obligations for any liability that YOU may incur as a result of YOUR use of QuickeeDeals.com.
If YOU do not agree to these Terms, then YOU are not granted rights to use QuickeeDeals.com or any of ITS Services, and YOU should refrain from accessing QuickeeDeals.com and ITS Services. If YOU violate any of these Terms, YOUR permission to use QuickeeDeals.com automatically terminates.
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretences. Please choose carefully the information YOU post on this web site and that YOU give to other web site users. YOU assume all risks associated with dealing with other users. We expect that YOU will use caution and common sense when using this web site.
2. Purchasing QuickeeDeals Vouchers
WE identify offers, which are referred to in these Terms as “Deals”, that various merchants of goods and services (“Merchants”) are interested in providing to customers. We act as intermediaries in these Deals involving the vouchers (“Voucher(s)”) of Merchants, and sell them to YOU pursuant to these Terms (each such transaction, a “Contract”).
WE sell several different types of Vouchers through our web site. All Vouchers are available for purchase only for a limited time. They may be limited in quantity. WE are not the supplier of the goods and/or services under the Deal. These will be supplied by the Merchant, upon whose behalf WE sell the Vouchers to YOU, and who is responsible for redeeming the Voucher which YOU have purchased. The Merchant has agreed with us that it will redeem the Vouchers sold to YOU through this site. Each Voucher is subject to these Terms and any terms appearing on the Voucher.
3. Status and Relationship to Merchant
By placing an order through our site, YOU confirm that YOU are legally capable of entering into binding contracts, and are at least 18 years old. YOU covenant and agree that the Merchant is the provider of the goods and/or services under the Deal and will be responsible for ensuring the Deal and the goods and/or services provided thereunder comply with all applicable laws. YOU covenant and agree that the Merchant assumes all liability for the performance of the services or the provision of the goods identified on the Voucher.
4. Company Obligations
When YOU complete the online purchase, WE will send YOU the Voucher as soon as reasonably practicable after receiving YOUR payment for it. WE may send it electronically to the email address YOU have provided, or by other means, in our discretion. Our obligations under this Agreement are solely to sell the Voucher to YOU under the Deal. WE are not the seller of the goods and/or services which are the subject of the Deal. The Merchant is solely responsible for supplying such goods and/or services and redeeming the Voucher in accordance with ITS terms. WE will disclose YOUR customer information related to the Voucher that YOU have purchased for the Deal to the Merchant to allow the Merchant to satisfy the terms of the Deal.
5. Registration Obligations
In order to access certain Services, YOU may be required to register and obtain an account with QuickeeDeals.com.
When registering, YOU must: (a) provide true, accurate, current and complete information (collectively, the "Registration Data") and (b) update the Registration Data as necessary. If, after investigation, WE have reasonable grounds to suspect that YOUR information is untrue, inaccurate, not current or incomplete, WE may suspend or terminate YOUR account and prohibit any or all use of QuickeeDeals.com by YOU.
YOU will receive a password and account designation upon completing a QuickeeDeals.com registration process. YOU are responsible for maintaining the confidentiality of YOUR password and for all activities that occur through YOUR account. YOU agree to immediately notify COMPANY of any unauthorized use of YOUR password or account or any other breach of security. COMPANY will not be liable for any loss or damage arising from YOUR failure to provide accurate information or to keep YOUR password secure. Use unique numbers, letters, and special characters for passwords and log off from YOUR account at the end of each session.
6. Consumer Rights
If YOU are contracting as a consumer, YOU may cancel a Contract within thirty days of purchasing a Voucher (provided that you have not exchanged the Voucher for the goods and services under the Deal in that time) by providing us with written notice. In this case, YOU will receive a full refund of the price paid for the Voucher in accordance with our Return Policy. A copy of these Terms will be accessible at the URL address listed on the Voucher and/or in the emails sent to YOU upon purchasing the Voucher. Upon cancellation of a Contract, WE will cancel YOUR Voucher and YOU will destroy any copies of the Voucher held electronically or in printed form.
7. Price and Payment
The price of any Voucher in relation to a Deal will be as quoted on our site from time to time, except in cases of obvious error. If there is an obvious pricing error in relation to the Deal which could have reasonably been recognized by YOU as a mis-pricing then WE have the right to cancel any Voucher issued in respect of the Deal and issue YOU a refund in respect of the same. For example, if the percentage discount listed in the Deal does not correlate with the price listed, this is an obvious pricing error. Payment for all Vouchers may be made by credit card, or by other payment means that WE make available from time to time through the web site. Deals cannot be combined with any other offer unless the Deal description expressly states otherwise. If YOU do not use the entire value of a Voucher when redeeming it, any remaining value is void. Applicable taxes and gratuities cannot be paid with a Voucher, and are paid separately and directly to the Merchant.
8. Service Access
While WE endeavour to ensure that the web site is normally available 24 hours a day, WE will not be liable if for any reason the web site is unavailable at any time or for any period. Access to the web site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. Appropriate Conduct and Related User Representations and Warranties
As used throughout these Terms, "Content" means any text, data, software, music, sound, photograph, graphic, video, message, or material, whether publicly posted, or privately transmitted via QuickeeDeals.com.
YOU agree that YOU are responsible for YOUR own conduct and any Content that YOU or anyone using YOUR account creates, transmits or displays when on QuickeeDeals.com ("Your Content") and for any consequences thereof. "Content" includes text or data entered into and stored by publicly-accessible site features such as feedback ratings, articles or comments ("QuickeeDeals.com Public Content"), and any input, suggestions, or other feedback ("Feedback") relating to or in the QuickeeDeals.com site or any Service.
When YOU create or make available Your Content, YOU thereby represent and warrant that:
1. YOU own or have sufficient rights to post Your Content posted by, on or through QuickeeDeals.com;
2. The posting of Your Content on or through QuickeeDeals.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
3. YOU have fully complied with any third-party licenses relating to Your Content, agree to pay for all royalties, fees and any other monies owning any person by reason of any of Your Content that YOU posted to or through QuickeeDeals.com;
4. Your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
5. Your Content is not obscene, lewd, lascivious, excessively violent, harassing, libellous or slanderous, does not advocate the violent overthrow of governments, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
6. Your Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal, provincial or state law concerning child pornography or otherwise intended to protect the health and wellbeing of minors;
7. If your employer has rights to intellectual property YOU create, YOU have either (a) received permission from YOUR employer to make available Your Content, or (b) secured from YOUR employer a waiver as to all rights in or to Your Content;
8. Your Content does not violate any state, provincial or federal law designated to regulate electronic advertising;
9. Your Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company's or others computers or equipment, designated to enable YOU or others to gather information about or monitor the online or other activities of another party;
10. Your Content does not inundate the web site with communications or other traffic suggesting no serious intent to use the web site for ITS stated purpose;
11. Your Content does not otherwise violate, or link to material that violates any provision of this Agreement;
10. No Unlawful or Prohibited Use
In connection with YOUR use of QuickeeDeals.com, YOU shall comply with all applicable international, provincial, federal, local laws, including without limitation, all laws regulating exports. In addition to the above, YOU may not access or use QuickeeDeals.com for any purpose other than that for which COMPANY makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Content, as determined by COMPANY in ITS sole discretion.
Without limiting any other remedies, COMPANY may suspend or terminate YOUR QuickeeDeals.com account if WE suspect that YOU have engaged in unlawful activity in connection with QuickeeDeals.com. In addition, COMPANY reserves the right, in ITS sole discretion to investigate and take appropriate legal action against anyone who, in Company's sole discretion violates this provision.
Prohibited activity includes, but is not limited to:
1. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
2. Transmitting chain letters or junk mail to other users;
3. Using any information obtained from the web site in order to contact, advertise to, solicit, or sell to any user without such user's prior explicit consent;
4. Engaging in automated use of the system, such as using scripts to send comments or messages;
5. Interfering with, disrupting, or creating an undue burden on the web site or the networks or Services connected to the web site, including, without limitation, hacking into the web site;
6. Attempting to impersonate another user or person;
7. Using the username of another person;
8. Selling or otherwise transferring YOUR profile; and
9. Using any information obtained from the web site to harass, abuse or harm another person.
12. Proprietary Rights
YOU agree that content contained in sponsor advertisements or presented to YOU through QuickeeDeals.com ("Sponsor Content"), along with any necessary software used in connection with operating QuickeeDeals.com, contain proprietary and confidential information that are protected by intellectual property and other laws and treaties. In addition, the content on the web site, except for all Content, including without limitation, the text, graphics, photos, sounds, sayings and the like ("Materials") and the trademarks, service marks and logos of COMPANY contained therein ("Marks"), are owned by or licensed to COMPANY, subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions.
Materials, Content and Sponsor Content on the web site and any necessary software used in connection with operating QuickeeDeals.com are provided to YOU "AS IS" for YOUR personal information and use and, except as expressly authorized by COMPANY or respective third party rights holders in a separate written agreement, YOU agree not to otherwise use, copy, modify, rent, lease, loan, sell, distribute, transmit, broadcast, create derivative works of, or exploit the Materials, Content, Sponsor Content, and any necessary software used in connection with operating QuickeeDeals.com, in whole or in part.
YOU also agree not to remove, obscure, or alter Company's or any third party's copyright, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through QuickeeDeals.com.
YOU agree not to access QuickeeDeals.com by any means other than through the interface that is provided by COMPANY, unless otherwise specifically authorized by COMPANY in a separate written agreement. YOU also agree not to circumvent, disable or otherwise interfere with security related features of the web site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the web site or the Materials therein.
YOU agree to use COMPANY Marks only with the express permission of COMPANY. QuickeeDeals.com is a registered trademark of COMPANY in Canada and other countries; COMPANY, the QuickeeDeals.com logo and other QuickeeDeals.com-related trademarks, service marks, and product and service names are trademarks of COMPANY. All other names and designs may be trademarks of their respective owners.
Except for Feedback, which YOU agree to grant COMPANY any and all intellectual property rights owned or controlled by YOU relating to the Feedback, COMPANY claims no ownership or control over any Content. YOU or YOUR third party licensor, as applicable, retain all intellectual property rights to any Content and YOU are responsible for protecting those rights, as appropriate.
With respect to QuickeeDeals.com Public Content, the submitting user retains ownership of such QuickeeDeals.com Public Content, except that publicly-available statistical content which is generated by COMPANY to monitor and display QuickeeDeals.com activity is owned by COMPANY.
By submitting, posting or displaying Content on or through QuickeeDeals.com, YOU grant COMPANY a worldwide, non-exclusive, irrevocable, perpetual, fully sub licensable, royalty-free license to use, reproduce, adapt, modify, translate, create derivative works from, publish, perform, display, rent, resell and distribute such Content (in whole or part) on QuickeeDeals.com and incorporate Content in other works, in any form, media, or technology developed by COMPANY, though COMPANY is not required to incorporate Feedback into any COMPANY products or services. COMPANY reserves the right to syndicate Content submitted, posted or displayed by YOU on or through QuickeeDeals.com and use that Content in connection with any service offered by COMPANY.
With respect to Content posted to private areas of QuickeeDeals.com (e.g., QuickeeDeals.com messages, 'white boards'), the submitting user may grant to COMPANY or other users such rights and licenses as the submitting user deems appropriate.
13. Allegations of Copyright Infringement or Trademark Infringement
YOU may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
OUR procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office web site, http://www.copyright.gov/legislation/dmca.pdf). Please note that YOU will be liable for damages (including costs and attorneys' fees) if YOU make any material misrepresentations when making or countering a copyright infringement claim.
If YOU believe that YOUR work has been copied and is accessible on QuickeeDeals.com in a way that constitutes copyright infringement, send a written notification pursuant to the COMPANY Digital Millennium Copyright Act ("DMCA") Notice.
COMPANY is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, COMPANY encourages YOU to resolve trademark disputes directly rather than utilize COMPANY as an intermediary.
14. Licensing and Other Terms Applying to Code and Other Content Posted on QuickeeDeals.com
Content located on any QuickeeDeals.com-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the OSI-approved license, or to such other licensing arrangements that may be approved by COMPANY, applicable to such Content.
15. No Resale of Service
YOU agree not to sell, resell or offer for any commercial purposes, any portion of, use of, or access to, Services on QuickeeDeals.com, except those that are specifically endorsed or approved by COMPANY. YOU shall not do the following without the express written consent of COMPANY: (a) make any unauthorized use of the QuickeeDeals.com Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the web site.
16. General Practices Regarding Use and Storage
YOU agree that COMPANY has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted on QuickeeDeals.com. While COMPANY will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, COMPANY has no responsibility or liability for the deletion or failure to store any communications or Content maintained or transmitted on QuickeeDeals.com.
Though COMPANY may currently have no set fixed upper limit on the number of transmissions YOU may send or receive through QuickeeDeals.com, or the amount of storage space YOU use on the site, COMPANY retains the right, at ITS sole discretion, to create limits at any time and COMPANY will alert users of any such limits by email and post updated Terms in accordance with Section 1.
COMPANY reserves the right to mark as "inactive" and archive QuickeeDeals.com accounts and/or projects that are inactive for extended periods of time.
Upon the termination of YOUR QuickeeDeals.com account, for any reason, including as a result of inactivity, violation of these Terms, or receipt of a certificate or other legal document confirming YOUR death, COMPANY will close YOUR account and YOU will no longer be able to retrieve materials contained in that account.
QuickeeDeals.com will not pre-screen or review Content, but COMPANY reserves the right (but does not undertake the obligation) in ITS sole discretion to: (a) monitor the web site for violations of these Terms, (b) take appropriate legal action against anyone who, in Company's sole discretion, violates these Terms, including, without limitation, reporting YOU to law enforcement authorities; (c) refuse, restrict access to or the availability of, or disable (to the extent technologically feasible) any user's Content or any portion thereof that may violate these Terms or any COMPANY policy; (d) terminate the accounts of repeat infringers; (e) otherwise manage the web site in a manner designed to protect the rights and property of COMPANY and others and to facilitate the proper functioning of the web site; and (f) restrict access to or the availability of material that COMPANY, in ITS sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
17. Links to Third Party Web Sites
Links to third party web sites on QuickeeDeals.com are provided solely as a convenience to the user. When a user uses these links, the user leaves QuickeeDeals.com. QuickeeDeals.com has not reviewed all of these third party sites, does not control, and is not responsible for, any of these sites, their content or privacy practices. QuickeeDeals.com does not endorse or make any representations about the third party sites, or any information, services, or products found on the sites. If a user decides to access any of the linked sites, QuickeeDeals.com encourages the user to read their Privacy Policies. The user accesses such sites at user's own risk.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND COMPANY AND EACH OF THEIR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, "COMPANY INDEMNIFIED PARTIES") FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS ("CLAIMS") (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS), ARISING FROM OR RELATED TO (A) YOUR (OR ANY USER'S OF YOUR ACCOUNT) ACCESS TO OR USE OF QUICKEEDEALS.COM AND GOODS AND SERVICES AVAILABLE FOR PURCHASE THEREON, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS' ACCESS OF CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE WEB SITE OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS , INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT; OR (C) YOUR CONTENT OR PROVISION TO QUICKEEDEALS.COM OF INFORMATION OR ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA OR MATERIALS. THE COMPANY INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE COMPANY INDEMNIFIED PARTIES ("INDEMNIFIED CLAIM”). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED COMPANY INDEMNIFIED PARTIES.
19. Disclaimer of Warranties
COMPANY cannot control the nature of the content available on the web site. By operating the web site, COMPANY does not represent or imply that COMPANY endorses any Content or any other materials or items available on or linked to by the web site, including without limitation content hosted on third party web sites, or that COMPANY believes Content or any other materials or items to be accurate, useful or non-harmful.
COMPANY cannot guarantee and does not promise any specific results from use of the web site. No advice or information, whether oral or written, obtained by YOU from COMPANY or the web site shall create any warranty not expressly stated herein.
ALL PRODUCTS, GOODS, SERVICES, INFORMATION, CONTENT OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH QUICKEEDEALS.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, SERVICES OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS, SERVICES OR INFORMATION. AS WITH THE PURCHASE OF A PRODUCT, SERVICE OR INFORMATION THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
COMPANY DOES NOT WARRANT THAT QUICKEEDEALS.COM SERVICES WILL BE TIMELY, UNINTERRUPTED, OR SECURE. SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEB SITE. QUICKEEDEALS.COM DOES NOT ASSUME RESPONSIBILITY FOR DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU AGREE THAT YOUR USE OF THE WEB SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND EACH OF ITS ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE WEB SITE, YOUR USE THEREOF, THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S CONTENT, THE CONTENT OF ANY WEB SITE LINKED TO THIS WEB SITE OR THE SERVICES, PRODUCTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS OFFERED AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE.
COMPANY RESERVES THE RIGHT TO CHANGE ITS WARRANTY POLICY SET FORTH HEREIN, AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU OR ANY OTHER PERSON.
20. Limited Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM: (A) RELIANCE ON THE WEB SITE MATERIALS, (B) LOSS OF USE, DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE QUICKEEDEALS.COM SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON QUICKEEDEALS.COM), OR (C) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE), WHETHER BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THE WEB SITE OR SERVICES, OR THE GOODS AND SERVICES AVAILABLE FOR PURCHASE THROUGH THE WEB SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU FOR THE GOODS AND/OR SERVICES DURING THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE DAMAGES OR $100, WHICHEVER IS LESS.
COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE DEAL MADE AVAILABLE ON THE WEB SITE, AND ANY GOODS OR SERVICES SUPPLIED IN RELATION TO IT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. NEITHER COMPANY NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN RELATION TO CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, TAX MATTERS OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE OR LOSS, ARISING FROM OR RELATING TO THE PROVISION OF ALL OR ANY GOODS OR SERVICES SOLD OR AGREED TO BE SUPPLIED PURSUANT TO THE DEAL. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE SHOULD THE PRODUCT OR SERVICE CAUSE PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND.
21. Exclusions and Limitations
SOME PROVINCES OR JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
22. Relationship of the Parties
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between COMPANY and any user nor do these Terms extend rights to any third party.
23. No Third Party Beneficiaries
YOU agree that there shall be no third party beneficiaries to the Terms.
YOU agree that COMPANY may provide YOU with notices, including those regarding changes to the Terms, by email, regular mail, or postings on QuickeeDeals.com.
25. Entire Agreement
The Terms constitute the entire agreement between YOU and COMPANY with respect to the subject matter hereof and govern YOUR use of QuickeeDeals.com, superseding any prior understandings and agreements between YOU and COMPANY related to the subject matter hereof for the use of QuickeeDeals.com. The section headings in the Terms are for convenience only and have no legal or contractual effect.
26. Disputes with Company, Choice of Law and Forum
All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) of YOUR access to or use of the Content and web site, including without limitation YOUR or others' downloading or consumption of Content or other materials available by means of the web site or third party web sites, YOUR uploading Content to the web site, or YOUR purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in Vancouver, Canada in accordance with the Better Business Bureau's arbitration guidelines. Notwithstanding the foregoing, COMPANY will have the right to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights.
In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the provincial and federal courts of the province of British Columbia, Canada. The Terms and the relationship between YOU and COMPANY shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. YOU agree the UN Convention on Contracts for the International Sale of Goods shall not apply.
27. Waiver and Severability of Terms
The failure of COMPANY to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
28. Time Limit for Filing Claims
Any claim or cause of action arising out of or related to use of QuickeeDeals.com or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In OUR sole discretion, WE may assign these Terms by providing notice in accordance with the notice Section should COMPANY ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of QuickeeDeals.com.
30. Term and Survival
These Terms shall remain in full force and effect while YOU use the QuickeeDeals.com Services or are a user of QuickeeDeals.com. YOU may terminate YOUR use or participation at any time, for any reason, by emailing admin A+ QuickeeDeals.com and putting DELETE MY ACCOUNT in subject line. COMPANY may terminate YOUR use or participation at any time for violation of these Terms or any laws or to protect the integrity of the web site, the networks or Services connected to the web site or other users. COMPANY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, QuickeeDeals.com or any Service. COMPANY shall not be liable to any user or other third party for any such modification, suspension or discontinuance. Even after YOUR use or participation is terminated, the material terms of these Terms will remain in effect.
31. Return Policy
If YOU wish to return the unredeemed Voucher for any reason, YOU may contact us within thirty (30) days of the purchase of that Voucher to return it. In this case WE will either (a) provide YOU with credit in YOUR account with us equal to the amount YOU paid for the Voucher which YOU can use to purchase another Voucher; or (b) provide YOU with a full refund. WE will choose which option applies in our sole discretion. WE will usually refund any money received from YOU using the same method originally used by YOU to pay for YOUR purchase.
If a Merchant completely refuses to honour a Voucher which is still valid under provincial law, after reasonable attempts have been made by YOU to redeem it, WE will promptly provide a full refund for that unused Voucher upon YOUR written request.
There are some exceptions to this policy, described below. WE reserve the right to deny providing YOU with a refund or credit for Vouchers for a ticketed event that has passed at our unfettered discretion. If YOU have purchased a product using a Voucher, YOU must first attempt to return the product to the Merchant from whom YOU purchased it before contacting us. WE reserve the right to deny providing YOU with a full refund or credit for Vouchers that include travel or lodging of any kind, including without limitation a hotel stay, property or car rental, or an airline flight.
Aside from complete Merchant refusal to honour a Voucher which is still valid under provincial law, after reasonable attempts have been made by YOU to redeem it, WE do not issue refunds after 30 days of the purchase of the Voucher.
WE do not issue refunds on redeemed Vouchers.
WE do not issue refunds on expired Vouchers.