Effective Date: September 18, 2012
The site provides an online service operated by ethicalDeal on the World Wide Web of the Internet (the “Web”), consisting of content and transaction capabilities facilitated through ethicalDeal, affiliates of ethicalDeal or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties.
Conditional Use of The Site and Our Services
If you do not agree to these terms, you must cease use of the Site and our Services.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. 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. 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.
Modifications to this Agreement; Waiver
ethicalDeal cannot guarantee that the Site will be available 100% of the time. Although ethicalDeal strives to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and ethicalDeal disclaims any liability for damages resulting from such problems.
Rules Regarding Content
When you use the Site, you can post, publish and/or obtain access to various kinds of information and materials, including discussion posts, profile information and links, pictures, and other such content (“Content”). It is our goal to make the use of the Site and our Services a good experience for all of our users. Accordingly, in using this Site and our Services, you agree not to:
- revise or obscure Content posted by others;
- upload, post, email, transmit or otherwise make available on the Site or through the Service any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable or inappropriate, as determined by us in our sole discretion;
- upload, post, email, transmit or otherwise make available any Content that is false or inaccurate or constitutes a misrepresentation;
- upload, post, email, transmit or otherwise make available any Content that could damage or harm anyone, including our company, sister companies, affiliates, advertisers, or other parties, or any Content that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Site or the Service or impersonate another person or organization;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under a contractual relationship;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party (including privacy and publicity rights);
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, worm, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the website or Service or that of any users or viewers of the Site or the Service; or
- collect or store personally identifiable information, including account names, email addresses, or other personal data, about other users or viewers or violate the privacy, publicity, or other rights of third parties.
General Rules of User Conduct
In using this Site and our Services, you agree not to do any of the following:
- conduct or promote any illegal activities while using the Site or our Services;
- interfere with or disrupt the Site or our Service or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- 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;
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- use the Site or Services to generate unsolicited email advertisements or spam;
- 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; or
- impersonate another user.
You also agree not to access the Site or our Services in a manner that utilizes the resources of the Site or our Services more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Site.
Links to Third Party Sites
We don’t have control over websites that the Site may link to. The Site may contain links to third party websites that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. Furthermore, the presence on the Site of a link to any non-ethicalDeal website does not imply that ethicalDeal endorses or accepts any responsibility for the content or use of such websites. You hereby release us from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
While we encourage links to the Site, we do not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of ethicalDeal or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides instructional information about illegal activities; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. ethicalDeal reserves the right to prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to immediately remove all of your links to the Site and to cease all use of the ethicalDeal intellectual property upon the request of ethicalDeal. If you refuse or neglect to remove all of your links to the Site or to cease using ethicalDeal intellectual property, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to ethicalDeal and that ethicalDeal shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.
Your Account and User ID
You will need to register by creating an account with ethicalDeal in order to publish Content on the Site or obtain access to certain Services, including to purchase a Voucher. If you choose to create an account or ethicalDeal profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Site and our Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities who’s privilege to access the Site or use the Services has previously been terminated by ethicalDeal may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Users are allowed one account per credit card. If we find that there are multiple accounts using the same Credit Card to complete transactions then we have the right to reverse the transaction, withdraw any ethicalDollars that were credited to the new user accounts and/or terminate your access to the site.
ethicalDeal relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses the Site or our Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of our Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
ethicalDeal will not be liable to you or to any third party for any use (whether authorized or unauthorized) of your account or User ID. You acknowledge and agree that ethicalDeal may access and/or disclose your account or User ID and related information if required to do so by law or if ethicalDeal has a reasonable belief that such actions are reasonably required to (i) respond to claims that any material (including Content) made available by you though the Site or our Services infringe, misappropriate or violate any third-party rights, (ii) comply with legal obligations imposed on ethicalDeal or any subpoenas, investigative demands, or court orders directed to ethicalDeal, (iii) enforce or fulfill these terms of service, or (iv) protect the rights, property or safety of ethicalDeal and its users and the general public.
Disclaimers of Warranty
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF ETHICALDEAL. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU AND ETHICALDEAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ETHICALDEAL MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Reservation of Rights and Release
ethicaldeal reserves the right, but has no obligation, to monitor, or take any action ethicaldeal deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and our Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “ethicalDeal” is our trademark. Other product and company names that are mentioned on the Site or provided as part of our Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on the Site, excluding all intellectual property of other sites obtained by way of linking and Content posted by our customers, is owned by ethicalDeal. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to ethicalDeal, 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 ethicalDeal is provided to you “AS IS” 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 the respective owners. We reserve all rights not expressly granted in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
Governing Law and Jurisdictional Issues
Terms of Sale
ethicalDeal provides you with opportunities to purchase vouchers (“Vouchers”) which can be redeemed for products and services offered by Merchants at a discount. Merchants are willing to offer promotional discounts in order to reach the ethicalDeal community.
Orders for Vouchers sold are for promotional purposes and are sold to you for less than face value. Orders will be confirmed by printable Vouchers. ethicalDeal attempts to be as accurate as possible when describing products; however, ethicalDeal does not warrant that product descriptions or other content available on ethicalDeal.com are accurate, complete, reliable, current, or error-free. If a product offered on ethicalDeal.com is not as described, please contact us support@ethicalDeal.com.
By placing an order for a Voucher from a Merchant through ethicalDeal, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below.
Any Voucher you purchase through ethicalDeal is redeemable for goods or services by the Merchant. The Merchant, not ethicalDeal, is the seller of the Voucher and the goods and services offered thereunder and is solely responsible for all customer service in connection with the redemption of the Voucher and for supplying all goods and services specified in the Voucher. ethicalDeal promotes and distributes the Vouchers.
As issuer of the Voucher, 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 Vouchers.
All purchases of Vouchers for restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages, if any. ethicalDeal’s sole role in the transaction is as a marketing agent for the Merchant and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and ethicalDeal has no role in such determination or action on the part of the Merchant.
You are required to create an account in order to purchase any Voucher. An account is required so we can collect information to allow you to pay for your Voucher(s) and provide you with easy access to print your Voucher, view your past purchases, and modify your preferences. By placing an order for a given Voucher, you make an offer to purchase the Voucher you have selected on the terms, restrictions and conditions associated with the Voucher. To place an order, click "BUY" before the offer ends. If the minimum number of people sign up, we'll charge your card and send you a link to print your Voucher. If not enough people sign up, then the deal is canceled, and you won't be charged.
Each Voucher combines two separate portions that make up the Voucher: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) a promotional portion for the balance of the value of the Voucher (the "promotional portion"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.
The expiration date for a Voucher is as printed on the Voucher. If the expiration of the full value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which you reside and in which the Voucher is to be used, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law.
Terms for all Vouchers
Unless otherwise stated in the Voucher or required by law, the following terms apply to all Vouchers:
- Can't use until day after purchase
- Vouchers have no cash value
- Vouchers cannot be used for taxes, tips, prior balances, shipping or handling
- Must use Voucher in one visit
- Limit one (1) Voucher per redemption. Only one (1) Voucher can be used per order unless otherwise specified by Merchant
- No cash back will be issued for partial redemption of the paid portion of a Voucher
- No cash back will be issued for partial redemption of the promotional portion of a Voucher
- The issuing of credit is at the sole discretion of the Merchant, unless otherwise required by applicable law
- Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher
- If the Merchant is a food and beverage provider, Vouchers are valid for dine in only unless otherwise stated
- Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher
- Neither ethicalDeal 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 required by law
- ethicalDeal is not 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 a participating Merchant
- Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void
Voucher Specific Terms
Each Voucher has specific additional terms associated with the Voucher, which will be presented to you at the time you commit to purchase the particular Voucher. Voucher specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
Use of the Voucher
By purchasing a Voucher, 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 of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Vouchers or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
The Site can be accessed from jurisdictions 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. ethicalDeal 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. ethicalDeal does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
General refund policy:
ethicalDeal will provide a refund if you change your mind within 5 days after you've purchased your Voucher, and want to "return" the unused Voucher. We will also provide a refund if you are unable to redeem a Voucher because the Merchant has gone out of business. Please note that it may take up to 3-5 businesses days to process your refund.
ethicalDeal Grocery Pick-Up refund policy:
You can request a refund anytime during the 7 day promotional period; however, once the deal has closed, we can no longer offer a refund as the product has been shipped to the retailer for you to pick-up. If you have quality concerns please email support@ethicalDeal.com with pictures and a description that details your concern and we'll contact the manufacturer for a full refund. Please note that it may take up to 3-5 businesses days to process your refund.
Our goal is 100% satisfaction. If you have had an unsatisfactory experience let us know at support@ethicalDeal.com. While we do not guarantee a refund except as noted above, we will try to address your concerns.
All purchases are charged to your credit card in Canadian dollars.