These are the Dealfind.com Terms and Conditions ("Terms"), which were last updated on December 9, 2011.
Your use of the Dealfind.com website ("Website") and your purchase of a voucher for a deal offered through this Website are conditioned upon your acceptance of these Terms.
We may revise these Terms at any time by updating this web-page and notifying you by posting a notice on the main page of the Website, by emailing the email address associated with your account, or otherwise. You should check the Website from time to time to review these Terms, because they are binding on you. Any revisions to these Terms will not apply to vouchers purchased prior to the effective date of such revisions. These changes will be effective immediately for new users of our Site and for all vouchers purchased after the effective date of the change. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website. Your use of the Website after we update the terms indicates that you accept the revised terms.
Dealfind.com is operated by Dealfind.com Inc., which is registered and incorporated in Canada.
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 buy these Deals in the form of vouchers ("Vouchers") from these Merchants, and resell them to you pursuant to these Terms (each such transaction, a "Contract").
Dealfind resells several different types of Vouchers through our Website. As of the date these Terms were last updated, we identified the following types of Deals on our website.
All Vouchers are available for purchase only for a limited time. They may be limited in quantity. All Vouchers are transferrable (before they expire, if applicable) unless the Deal terms state otherwise.
From time to time, we may offer Deals or other services that are not identified above. Any such Deals or other services will be provided in accordance with the specific terms set out with such Deals or other services.
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 resell 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 resold to you through this site. Each Voucher is subject to the terms and conditions listed in the "What you should know" section of the Deal website page, and any other conditions identified in the Deal comments section by Dealfind or the Merchant ("Deal Specific Terms"). In the event of a conflict between these Terms and the Deal Specific Terms, the Deal Specific Terms will govern.
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.
The Merchant is the provider of the goods and/or services under the Deal and shall be responsible for ensuring the Deal and the goods and/or services provided there under comply with all applicable laws. The Merchant assumes all liability for the performance of the services or the provision of the goods identified on the Voucher.
When you complete the online purchase, we shall 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.
Dealfind's obligations under this Agreement are solely to resell the Voucher to you under the Deal. Dealfind is 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.
Ambassador Earnings, where applicable, will only be paid to you if you satisfy all the requirements for the Ambassador program set out at http://www.dealfind.com/making-money-with-us.php, and if your correct first name, last name, and mailing address are updated and current in your profile. We may cancel, alter or suspend the Ambassador program at any time without notice to you. If a voucher that you have earned an Ambassador commission on is refunded for any reason at all, the Ambassador commission amount that was earned from that voucher will be deducted from your earnings.Â If in order to earn Ambassador commissions, you are involved in any activities that Dealfind feels are unfair,Â fraudulent, or deceiving, you will not be paid your Ambassador commission, and your Ambassador account will be permanently deactivated.
DEALFIND DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE DEAL MADE AVAILABLE ON THE WEBSITE, AND ANY GOODS OR SERVICES SUPPLIED IN RELATION TO IT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. NEITHER DEALFIND 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, DEALFIND WILL NOT BE LIABLE SHOULD THE PRODUCT OR SERVICE CAUSE PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND.
If you are contracting as a consumer, you may cancel a Contract within ten days of the Voucher and these Terms being sent to you (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 refunds 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.
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 Website. 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. Taxes and gratuities cannot be paid with a Voucher, and are paid separately.
If we are providing a refund because you have cancelled the Contract in accordance with consumer rights legislation, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
If you are unsatisfied with your purchase of the voucher for any reason, you may contact Dealfind within the period outlined in our refund policy to return it. In this case Dealfind will either a) provide you with credit in your Dealfind account equal to the amount you paid for the voucher which you can use to purchase another Dealfind voucher; or b) provide you with a full refund. We will choose which option in our sole discretion.
If, for any reason, a Merchant completely refuses to honour the promotional value of a voucher within one year of purchase, we will issue Dealfind Dollars to your account for the price you paid for any unused vouchers upon your written request. After one year, we are unable to issue a refund or credit for your purchase. However, as with any Dealfind purchase, we will make all reasonable efforts to resolve your concerns with the Merchant.
There are some exceptions to this policy, described below.
In every case, if you are unsatisfied for any reason with the products or services of a Merchant, we will make all reasonable efforts to resolve your concerns with the Merchant.
You may share the content on our site with your friends by using the sharing tools provided expressly for that purpose.
You are permitted to print and download extracts from the Website for your own use on the following basis:
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by our licensors or us. Any use of extracts from the Website other than in accordance with these Terms for any purpose is prohibited.
Subject to these Terms, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
You are prohibited from posting or transmitting to or from the Website, or using in communications with us or any Merchant, any material:
You may not misuse, hack, vandalize, penetrate the security of, or hijack the Website, attempt to do any of the foregoing, or aid any other person with any of the foregoing.
We shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms.
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. We do not give any representation or warranty that products or services you purchase from third party sellers or from companies to whose website we have provided a link on our site will be of satisfactory quality or otherwise meet your expectations in any way. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
Before purchasing a Voucher, you must open an account with us and complete the registration process. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
When you register with us, you consent to receiving information about other Deals that may be of interest to you, to receiving promotional communications from us regarding our services (including contests, discount offers or our Ambassador Earnings program), and to receiving other communications from us regarding your account. Such information will be sent by email or by another form of electronic communication, and may also be communicated by conventional mail. You may opt out of receiving information about other Deals at any time by clicking on the "unsubscribe" link in such messages, where applicable, or by contacting our customer service department. You may not opt out of receiving communications from us where such communications are personal to you or your account, or which are reasonably required for us to provide you with the services you have expressly asked us to provide.
OUR COMPLETE AND SOLE LIABILITY TO YOU UNDER THESE TERMS IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE VOUCHER OR VOUCHERS THAT GAVE RISE TO A CLAIM AGAINST US. WITHOUT LIMITING THE FOREGOING, OUR LIABILITY FOR LOSSES YOU SUFFER AS A RESULT OF US BREAKING THIS AGREEMENT, INCLUDING DELIBERATE BREACHES, IS STRICTLY LIMITED TO AMOUNT PAID BY YOU FOR THE VOUCHER OR VOUCHERS THAT GAVE RISE TO A CLAIM AGAINST US.
WE ARE NOT RESPONSIBLE FOR INDIRECT LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND EVEN IF SUCH LOSSES RESULT FROM A DELIBERATE BREACH OF THESE TERMS BY US THAT WOULD ENTITLE YOU TO TERMINATE THE CONTRACT BETWEEN US, INCLUDING BUT NOT LIMITED TO: LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA,OR, WASTE OF MANAGEMENT OR OFFICE TIME HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS.
While on our Website, you must not:
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate, which may result in our taking all or any of the following actions:
The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
This Agreement and any dispute arising out of it will be governed by the laws of Ontario and Canada, without regard to its rules regarding conflict of laws. Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Toronto, Ontario.
The parties acknowledge that they have required these Terms and all related documents and websites to be prepared in the English language. Les parties reconnaissent avoir demandé que le présent contrat ainsi que tous les documents et les sites web qui s'y rattachent soient rédigés en langue anglaise.
If you have any questions about these Terms, you may contact:
150 Ferrand Drive, Suite 1001
Toronto, Ontario, Canada