VENDOR TERMS AND CONDITIONS

 (The Vendor Terms and Conditions are revised on July 14, 2016)

The Vendor Terms and Conditions (the “Agreement”) between you (your personal information and identity which has been provided during the sign up process on our websitewww.maplecoupons.ca(hereinafter defined as the “Website”), defined hereinafter as “You”, “Your”, the “Vendor” or the “User”) and Maple Coupons Inc. (defined hereinafter as “Maple Coupons” or “Our” or “Us”).  The following are the general terms and conditions agreed upon, by both You and Maple Coupons. 

 

Your Agreement

 

You agree that by “Signing Up” or similarly registering, accessing or using any of our services as a Vendor on the Website (the “Services”) you are entering into a legally binding agreement (even if you are using our Services on behalf of a company), the terms of which are set out below.

 

You are agreeing to the terms and conditions contained in this Agreement which could lead to liability on Your part. These terms and conditions are applicable and binding on You. If You do not agree to the terms and conditions contained in this Agreement, DO NOT join as a Vendor in the Maple Coupons Program because by joining as a Vendor you will be bound by these terms and conditions and could incur liability, even though the terms are electronic and not signed by either You or Us.

 

This Agreement includes the Privacy Policy [ Privacy Policy ], and the General Terms of Use [ Terms of Use ] ,  for our Website, and other terms that will be displayed to You at the time You first use certain features, as may be amended by Maple Coupons from time to time.  By signing up you are expressly agreeing to the terms contained herein, as well as the terms of the Privacy Policy, and General Terms of Use, which are expressly incorporated by reference into this Agreement.  If you do not agree to this Agreement, do NOT join as a Vendor do not access or otherwise use any of our Services.  FURTHER ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR VENDOR ACCOUNT, AT OUR SOLE DISCRETION.

 

An Overview of The Maple Coupons Program

 

What is Being Sold by Maple Coupons?

 

No goods are being sold directly by Maple Coupons.  Users of the Website can purchase “Coupons”, which are issued by Vendors, and redeemable for certain products or services offered by Vendors (a “Vendor Offering”).  As a Vendor you are agreeing to administer your Coupons in certain ways as defined below in this Agreement.

 

What Is A Coupon, and How Does It Work?

 

Coupons are redeemable for goods, services or experiences offered by a Vendor who is listed on a Coupon. The Vendor is entirely responsible for redeeming this Coupon and they are fully and solely responsible for the care and quality of all goods, products and services they provides to a customer and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause a customer to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Coupon or not.   As a Vendor this is your obligation.

 

By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Coupon, a customer is agreeing specifically to the terms on a Coupon (the terms that You define) and any additional deal-specific terms advertised in connection with and on the Coupon at the time of purchase. These rules apply to all Coupons that are made available, unless a particular Coupon notes otherwise. Any attempt to redeem a Coupon in violation of these terms will void a Coupon. The Vendor (You) is the sole issuer of the Coupon and these Coupons are not redeemable for cash. Unauthorized or unlawful reproduction, resale, modification or trade of Coupons is strictly prohibited. Pricing relating to certain Vendor Offerings and products on the Website may change at any time in Maple Coupons’ discretion, without notice.

 

The Vendor is obligated to honor the Coupon in compliance with law. If a Vendor refuses to honor the Coupon before the relevant expiration date, Maple Coupons will refund the paid portion of the Coupon. In order to receive the credit back, a customer must contact Maple Coupons through the Website and identify the Coupon and Vendor with whom they sought to redeem the Coupon, give the date, time, and circumstances that the Vendor refused to redeem the Coupon, and provide a true and accurate statement that the Coupon has never been redeemed with the Vendor.

 

The Vendor is responsible for permitting a customer to redeem the Coupon for at least the amount paid, even after the marketable value has expired. The amount paid will expire in five (5) years or except to the extent applicable law requires that the vendor extend the period in which the coupon may be redeemed.  Coupons as a whole or the marketable value cannot be combined with any other Coupons or promotions unless otherwise noted on the Coupon. Unless otherwise stated at the time a Coupon is purchased, the Coupon price does not include GST, PST, HST or any other sales or value added taxes, which may be charged to a customer separately by the Vendor at the time a customer redeems the Coupon. Coupons are not reloadable, and the amount paid of the Coupon cannot be increased, but Coupons are fully transferrable (subject to the specific restrictions on a particular Coupon).

 

Each Coupon has two separate portions that make a deal (i) a paid portion equal to the amount that the customer pays which is similar to a gift certificate (the "paid portion"); and (ii) at no additional charge to a customer, a marketable portion for the balance of the value of the particular deal if used by the marketable expiration date on the Coupon. In the event a customer redeems their Coupon for less than the full amount stated on the Coupon, the purchase will be allocated first against the paid portion until it has a balance of zero Canadian dollars ($0.00) and then against the marketable portion that is remaining.

 

Coupons have no cash value. No change, cash back or credit will be issued for partial redemption of the paid portion of a Coupon. No change, cash back or credit will be issued for partial redemption of the marketable portion of a Coupon. Neither Maple Coupons nor the Vendor is responsible for lost or stolen Coupons or Coupon reference numbers. Coupons are issued to a customer personally and duplicate use, sale or trade of a Coupon is prohibited. Coupons cannot be redeemed against any taxes, tips, prior balances or purchases, shipping or handling, unless otherwise noted on the Coupon. Use of a Coupon for alcoholic beverages is at the sole discretion of the Vendor (which may be limited by applicable law), unless otherwise noted on the Coupon.

 

Hoes Does A Vendor Offering Work?

 

A Vendor (through a Vendor Offering) determines the total number of Coupons to be issued and how long a campaign will run.  It is strongly recommended that You consult with Maple Coupons when issuing Coupons and setting the terms of the offering, to ensure You are operating in the most effective way for Your business.  Maple Coupons will not increase or decrease the number of Coupons without taking the instructions of a Vendor.

 

Descriptions of the Vendor Offerings and products advertised on the Website are provided by the Vendors or other referenced third parties. Maple Coupons does not investigate or scrutinize Vendors and is not responsible for any claims associated with the description of the Vendor Offerings or associated products. Pricing relating to certain Vendor Offerings, products, and other available programs on the Website may change at any time in Maple Coupons’ sole discretion without notice.

 

A Vendor is the issuer of the Coupon. As issuer of the Coupon, the Vendor shall be fully responsible for any and all loss, injuries, or claims (and costs) suffered by or in respect of a customer, caused in whole or in part by the Vendor or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Coupon. By purchasing a deal offered by a Vendor, a customer acquires the right to print a Coupon issued by the participating Vendor and to use the Coupon according to its terms and the terms of this Agreement.

 

Maple Coupons may, in its sole discretion, verify a customer’s identity prior to processing a purchase. Maple Coupons may also refuse to process a purchase, may cancel a purchase, or may limit quantities or shipment to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Use.

 

If an offer becomes unavailable between ordering and processing, Maple Coupons will either cancel or not process the order and will notify you by email.

 

Maple Coupons does not guarantee that it offers the best available rates or prices and does not guarantee against pricing errors. Maple Coupons reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Website. If this occurs, Maple Coupons will attempt to notify the customer by email. In addition, Maple Coupons reserves the right, in its sole discretion, to correct any error in the stated retail price of the Vendor Offering or product.

 

Vendors are aware and acknowledges that the law may require Vendors to redeem Coupon beyond their stated expiration dates, and Vendors agrees to do so (to the extent applicable law requires).

 

What Is Required Of A Vendor To Participate In This Program?

 

A Vendor may advertise goods, services or experiences on the Website that may require a Vendor to have an up-to-date regulatory authorization, license, or certification.

 

Maple Coupons does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Vendor, and the Vendor agrees to indemnify Maple Coupons for any claims, damages or costs with respect to a breach of this section.

 

You as a Vendor agree to indemnify and hold harmless Maple Coupons for any losses, damages or claims of action, of any kind, that are suffered by You or any third party (including a customer or purchase of a Coupon) for any offering You make on our Website.  We have no liability whatsoever with respect to the products and services that are offered through the Website, or available through the purchase of a Coupon.  Further you agree to collect, remit and administer all applicable sales or income taxes, on both a provincial and federal basis, for any products, services or offerings you provide and you agree that you will full indemnify Us for any claims, penalties or costs (including administrative and legal fees) for your failure to properly adhere to your taxation responsibilities as a Vendor.

 

Will You Allow For Hotel or Travel Bookings Directly Through The Website?

 

No, hotel or travel bookings cannot be made directly online through the Website. Only Coupons will be issued.

 

What is a Travel Coupon?

 

A Travel Coupon is a Coupon for a specified length of stay and room type that may be booked for a pre-defined range of dates at a named Vendor property (“Travel Coupon”). The value of a Travel Coupon will EXPIRE on the “book by date” specified on the face of the Travel Coupon, unless prohibited by law. The value cannot be combined with other offers. Travel must be booked by the book-by-date by directly contacting the Vendor, and all travel must be completed by the travel by date specified on the Travel Coupon. The amount paid WILL NEVER EXPIRE. After the value has expired, the Vendor is responsible for permitting you to redeem the Travel Coupon for at least the amount paid towards the advertised experience of the Travel Flash Deal. Travel Coupons are not valid for existing reservations or for group bookings. Travel Coupons are not reloadable. Travel Coupons are fully transferable. Unless otherwise specified, Travel Coupons exclude all taxes and any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.

 

Can A Customer Purchase Products Directly From the Vendor?

 

Yes, through the Website, certain Vendors allow you to purchase various products directly from the Vendor. Terms and conditions regarding shipping, delivery, and returns will vary by Vendor and will be stated in the Vendor’s deal terms. Charges for delivery and applicable sales taxes will be added at checkout. Once you click the “Buy” button, Maple Coupons will notify the Vendor of your requested order. Your purchase is not complete until you receive an email from Maple Coupons confirming whether or not the Vendor has accepted your order. Vendor is solely responsible for all Vendor Products purchased through the Site.

 

Can A Customer Purchase Gift Cards?

 

Vendor Gift Cards” are offered by Vendors to consumers subject to the terms and conditions specified by the Vendor on the face of the Vendor Gift Card. By obtaining or purchasing a Vendor Gift Card through the Website, a customer acquires the right to redeem the Vendor Gift Card with the You. Any service fee retained by Maple Coupons from the sale of a Vendor Gift Card is compensation to Maple Coupons for marketing, promoting, advertising and distributing the Vendor Gift Cards on behalf of the You. As the issuer of the Vendor Gift Card, You shall be fully responsible for any and all Liabilities, caused in whole or in part by You, as well as for any Liabilities arising from any regulatory action. Maple Coupons does not make any warranty in relation to the Vendor Gift Cards, including, without limitation, their validity or value. Maple Coupons is not a party to any transaction that You and the customer may enter into as a result of a customer purchasing any Vendor Gift Card.

 

Will refunds be allowed?

 

Yes, refunds can be made within 2 business days (48 Hours) of purchase by contacting Maple Coupons through the Website. Refunds are dealt with in accordance to the terms and conditions set out in this Agreement.

 

Payment Terms

 

Maple Coupons shall remit payment to Vendors according to the schedule and terms set forth in this section. Amounts retained by Maple Coupons the "Service Fee"  are compensation for the service of advertising and selling the Coupons for you as a Vendor.

 

Maple Coupons will pay Vendors the “Net Payment” for each Coupon properly activated for which a purchaser has fully paid Maple Coupons. The Net Payment will be less the service fee plus the PayPal Credit Card fee  of 2.9% + C$0.30 of the total amount paid that we take for a given transaction. The service fee that we charge on a given Coupon may be changed at any time at our sole discretion but it wouldn't be changed during the middle of any active campaign. The service fee will be clearly mentioned in the contract between Maple Coupons and Vendors. Vendor shall be registered for sales tax collection purposes, and shall be responsible for paying all sales and income taxes related to the goods and services described in any offer that they make, and You as a Vendor agree to fully indemnify Maple Coupons for any claims relating to unpaid or unfiled taxes.

 

Maple Coupons will start and end a promotion for a Vendor Offering on any of the four selected days in a month - 1st day, 8th day, 15th day and 22nd day. The duration of any Vendor Offering will be at least 7 days and the length of the campaign beyond the 7 days will be finally decided by the Vendor but the Vendors are strongly recommended to consider the opinion of Maple Coupons. The starting or ending dates can be changed at any time at the discretion of Maple Coupons.

 

Approximately 2 weeks after the start of the campaign, and subject to refund based adjustments as set out below. Maple Coupons shall process the payment to Vendor of the "Net Payment" for each Coupon sold to date. The Net Payment will be paid back to the Vendor approximately every two weeks after starting the campaign (The starting date of the particular offering). The cut off dates for the Net Payment will be 5 days before the payment date.

 

For example - If a deal starts on January 1st and ends on January 15th, the first payment amount of the Coupons sold between January 1st and January 10th will be made on January 15th and the remaining payment amount will be paid on 1st of the next month. If the payment processing date for any payment falls on a holiday or weekend, the payment will be processed on the next business day.

 

The Net Payment portion of any refund provided by Maple Coupons to a Coupon purchaser will be deducted from the next payment to Vendor.

 

If a refund exceeds the total Net Payment for any payment period or if any refund is issued for any reason after releasing the Net Payment to the Vendors, Maple Coupons will issue the refund to the purchasers and then the Vendors will receive an invoice of the Vendor's portion of refunded amount to pay back to the Maple Coupons.

 

Vendor Participation Eligibility

 

To use the Services as a Vendor, you agree that: (1) you must be the “Minimum Age” (defined below) or older; and (2) you will only have one Maple Coupons account, which must be in your real name (or the name of your company).

 

Minimum Age” means (a) 18 years old for Canada.

 

You agree that any decision or choice You are making to use any of the Website as a Vendor is Your sole responsibility and Maple Coupons has no liability with respect to this decision.  You hereby indemnify and expressly waive the right to any action or claim against Maple Coupons its directors, officers, agents, consultants, predecessor companies, successors or assigns with respect to this decision.

 

Your Vendor Account

 

You agree to: (1) keep your password secure and confidential; (2) not transfer any part of your account and (3) follow the law and the terms of Vendor conduct, as defined herein, and comply with all the terms of this Agreement. You are responsible for anything that happens through Your Vendor account unless you close it or report misuse.

 

Your Conduct As A Vendor

 

You agree that you will:

 

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name (or the real name of your organization) on your Vendor profile;
  • Comply with the Canadian Anti-Spam rules and regulations, including the requirement to obtain express consent for outbound email solicitations on your part;
  • Use data from customers (which shall include but is not limited to the purchaser’s name, shipping address, email addresses, phone numbers, purchaser preferences and tendencies, and financial transaction data) only to fulfill you obligations in connection with this Agreement. You expressly agree that any data shall be used only for this purpose (including, but not limited to, the redemption of Coupons and provision of goods and services to purchasers), and not to enhance a file or list owned by you, or any third party. You represents, warrant and covenant that you will not resell, broker or otherwise disclose any data to any third party, in whole or in part, for any purpose, unless required by applicable law. If you engage any third party to carry-out your obligations hereunder, you shall ensure that such third party implements and complies with reasonable security measures in handling any data. If any data is collected directly by you or a third party engaged by you to facilitate your redemption obligations hereunder, you shall ensure that it or such third party adopts, posts and processes the data in conformity with its posted privacy policy and all applicable laws.
  • You shall advise us immediately if You become aware of or suspect any unauthorized access to or use of any data of a customer or any confidential information of Maple Coupons, and You shall cooperate with Us in the investigation of such breach and the mitigation of any damages.
  • You will bear all associated expenses incurred by us to comply with applicable laws (including, but not limited to, any data breach laws) or arising from any unauthorized access or acquisition of any customer’s data while such data is in your reasonable possession or control. Upon termination or expiration of this Agreement, you shall, as directed by us, destroy or return to us all the customer data in your or your agent’s possession.

 

Failure to adhere to these covenants can result in immediate termination of your Vendor Account.

 

You agree that you will not:

 

  • Act dishonestly, including by posting inappropriate, inaccurate, or objectionable content;
  • Create a false identity on Maple Coupons;
  • Misrepresent your identity, including but not limited to the use of a pseudonym;
  • Create a Vendor profile for anyone other than yourself (a real person);
  • Disclose your password;
  • Use or attempt to use another's account;
  • Harass, abuse or harm another person;
  • Send spam or other unwelcomed communications to others;
  • Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work)
  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner
  • Disclose information that You do not have the right to disclose (such as confidential information of others;
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Violate the intellectual property or other rights of Maple Coupons, including, without limitation, using the word “Maple Coupons” or our logos in any business name, email, or URL;
  • Private message any unsolicited or unauthorized advertising to your Vendors, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Maple Coupons;
  • Send messages to distribution lists, newsgroup aliases, or group aliases;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
  • Create profiles or provide content that promotes escort services or prostitution.
  • Creating or operate a pyramid scheme, fraud or other similar practice;
  • Copy or use the information, content or data of others available on the Services (except as expressly authorized);
  • Copy or use the information, content or data on Maple Coupons in connection with a competitive service (as determined by Maple Coupons);
  • Copy, modify or create derivative works of Maple Coupons, the Services, the Website or any related technology (except as expressly authorized by Maple Coupons);
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
  • Imply or state that you are affiliated with or endorsed by Maple Coupons without our express consent (e.g., representing yourself as an Maple Coupons Vendor);
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Website;
  • Remove, cover or obscure any advertisement included on the Services;
  • Collect, use, copy, or transfer any information obtained from MAPLE COUPONS without the consent of Maple Coupons;
  • Share or disclose information of others without their express consent;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
  • Use bots or other automated methods to access the Services or the Website, add or download contacts, send or redirect messages;
  • Monitor the Website’s availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
  • Access the Website except through the interfaces expressly provided by Maple Coupons, such as its Website;
  • Override any security feature of the Website;
  • Interfere with the operation of, or place an unreasonable load on, the Website (e.g., spam, denial of service attack, viruses, gaming algorithms);

 

Failure to adhere to these covenants can result in immediate termination of your Vendor Account.

 

Notices and Service Messages

 

You agree that we may provide notices to you in any of the following ways: (1) an email sent to an address you provided, or (2) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

 

General Information Provided By Vendors

 

The information, material and content provided in the pages of the Website, including pricing information for Coupons and deals that are provided by You, (the "Information") is believed to be reliable when posted.  Maple Coupons and their officers, directors, employees and agents have no obligation to update the Information if it is incorrect, and also have no liability with respect to the Information. You take sole responsibility for any Information that you place on the Website.

 

Website Availability

 

We may change, suspend or end the Website, or change and modify our terms and policies prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

 

Vendor Representations and Warranties

 

You represent and warrant that:

 

  • You have the right, power and authority to enter into this Agreement;
  • Your intellectual property or content does not include any material that is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law;
  • the Coupons and any advertising or promotion of Your goods and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable law;
  • You and Your employees, contractors and agents have had the proper education and training and hold all required and up-to-date regulatory authorization, licenses and certifications to provide the goods or services that You offer;
  • Your business information accurate and You are the authorized entity to receive the funds forwarded by Us;
  • You are not authorized to resell, broker or otherwise disclose any customer data to any third party, in whole or in part, for any purpose, and You are not authorized to copy or otherwise reproduce any customer data other than for the purpose of redeeming or verifying the validity of Coupons in connection with this Agreement;
  • Any products or services You offer through our Website are free from defects in workmanship, materials and design, merchantable and suitable for the purposes, if any, stated in the Agreement, and genuine, bona fide products, as described herein and does not violate the rights of any third party.
  • Your goods or services, Our use and promotion thereof, and the results of such goods or services, will not infringe, dilute, misappropriate, or otherwise violate, anywhere in the world, any patent, copyright, logo, trademark, service mark, trade name, rights in designs, or other intellectual property right or right of privacy or publicity of any third party or any applicable law, and does not and will not result from the misappropriation of any trade secret or the breach of any confidentiality obligations to any person or entity;
  • If required by applicable law, You will be registered for sales and income tax collection purposes in all jurisdictions where Your goods and services will be provided;
  • The Coupon, upon being delivered by Us, will be available immediately for redemption and You will have in stock until the expiry date of the Coupon, a number of units of the particular good or service sufficient to fulfill Your redemption obligations;
  • The terms and conditions of a Coupon, including any discounts or goods and services offered thereunder do not and will not violate any, local, provincial, territorial or federal law, statute, rule, regulation, or order, including but not limited to, any law or regulation governing the use, sale, and distribution of alcohol and any laws governing Coupons, gift cards, coupons, and gift certificates; and
  • You own all interest in and to your intellectual property and have licensing rights in (with the right to sublicense to Us) any third party intellectual property, and You have the right to grant the License stated in this Agreement.

 

No Warranty

 

TO THE EXTENT ALLOWED UNDER LAW, MAPLE COUPONS INC. (AND THOSE THAT MAPLE COUPONS WORKS WITH TO PROVIDE THE WEBSITE AND THE SERVICES) (A) DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE WEBSITE OR SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

Exclusion of Liability

 

TO THE GREATEST EXTENT PERMITTED UNDER LAW, MAPLE COUPONS (AND THOSE THAT MAPLE COUPONS WORKS WITH TO PROVIDE THE WEBSITE AND THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES.  THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MAPLE COUPONS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF MAPLE COUPONS HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

 

Your Agreement to Indemnify Maple Coupons

 

To the extent allowed under applicable law, You agree to defend, indemnify and hold Maple Coupons, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys' fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by You of this Agreement, or the representations and warranties made in this Agreement; (b) any claim for sales, income, or similar tax obligations arising from the sale and redemption of a Coupon; (c) any claim by any local, state, provincial, territorial or federal governmental entity for unredeemed Coupons or unredeemed cash values of Coupons or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest; (d) any claim arising out of a violation of any law or regulation governing Your goods and/or services or the Coupons your offer; (e) any claim arising out of Your violation of law or regulation governing the use, sale, and distribution of alcohol; (f) any claim by a purchaser or anyone else arising out of or relating to the goods and services or Coupons provided by You and/or pick up of the goods and services, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages; (g) any claim by a customer for any amounts paid pursuant to a Coupon; and (h) any claim arising out of Your misuse of any customer data, or any violation of an applicable data privacy or security law. We maintain the right to control our own defense and to choose and appoint our own defense counsel, regardless of the presence or absence of a conflict of interest between You and Us. Your duty to defend and indemnify Us includes the duty to pay Our reasonable attorneys' fees and costs, including any expert fees.

 

Term and Termination

 

We reserve the right to unilaterally terminate your account in the event that you breach any of the terms contained herein.  We may change or discontinue the Website or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement 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 stop using our Website and our Services. Any Coupon issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Coupon.

 

Dispute Resolution

 

You agree that the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the provincial courts of Alberta, Canada and we each agree to personal jurisdiction in those courts.

 

General Terms

 

If a court with authority over this Agreement finds any part of it not enforceable, You and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Website or the Services) is the only agreement between us regarding the Website or Services and supersedes all prior agreements for the Website or Services.

 

If we don't act to enforce a breach of this Agreement, that does not mean that Maple Coupons has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Maple Coupons may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.

 

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.

 

Intellectual Property Rights

 

Certain names, words, titles, phrases, logos, icons, graphics or designs, or other content on the Websites, are trademarks or trade names owned by Maple Coupons Inc.  Nothing on these Websites shall be construed as conferring any license of any intellectual property rights, to You. All of our content is protected under the copyright laws of Canada and other countries. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents of the Websites may be a violation of federal or other law that may apply to trademarks and/or copyrights, and such actions could subject the copier to legal action.

 

You acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the Website and Services, including applicable copyrights, trade-marks 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 Website and Services in accordance with this Agreement. We reserve all rights that are not expressly granted to you in this Agreement.

 

Content provided by us 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.

 

Further, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub-licensees, 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 any content, or any nature, that you may post on a Website, in any manner we choose. If you have any rights to the content that cannot be licensed to us (such as moral rights), 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.  Such license will include the rights to use your name, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved to use by a Vendor and any third party's name, logos, trademarks, service marks, domain names, audiovisual recordings, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved for use by you in each case in connection with the promotion and resale of the goods and services in all media or formats now known or hereinafter developed.

 

Third Party Log In.

 

We may, at our sole discretion provide for third party log-in functions. If You log-in using Your credentials for another service including, without limitation, Facebook, Google, Microsoft, Yahoo! or Twitter, you may be re-directed to a sign-in request page hosted by that third-party service. By signing-in using Your credentials for that service, You agree to be fully bound by all of the terms and conditions stated herein, and to the extent that You provide any information to any of these third party services, You also agree to abide by and be bound by their stated terms of use and privacy policies.

 

No Reliance

 

You agree that Maple Coupons is not responsible for content or information or for any damages as result of Your use of or reliance on such content and information, and you agree to indemnify and hold harmless Maple Coupons its directors, officers, employees, agents, consultants, successors and assigns for damages that result to your pursuant to this provision.

 

No Unlawful Use

 

As a condition of Your use of any of Our services as a Vendor, You warrant to Us that You will not use any of our services for any purpose that is unlawful, or is prohibited by this Agreement. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Our website.

 

Reservation of Rights Regarding Customer Disputes

 

We reserve the right, and we have no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with customers of ours or any other Vendors. To the extent the law permits, you waive and release us from any and all claims or liability related to any content posted on the Website and from any and all claims related to the conduct of any customers of ours or any other Vendors.

 

No Joint Venture

 

Unless otherwise agreed in a separate writing, you agree that no joint venture, partnership, employment, or agency relationship exists between you and Maple Coupons as a result of the use of any of Maple Coupons available services. Maple Coupons performance is subject to existing laws and legal process, and nothing contained herein is in derogation of Maple Coupons right to comply with governmental, court and law enforcement requests or requirements relating to your use of Our services or information provided to or gathered by Maple Coupons with respect to such use.

 

Entire Agreement

 

Unless otherwise specified herein, these terms constitute the entire agreement between You and Maple Coupons with respect to the Website and Services offered therein and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Maple Coupons with respect to the Website.  The terms and conditions contained in this Agreement will apply to you regardless of the jurisdiction of your residence or where you are accessing the Website or any of Maple Coupons Services from.

 

Links to Third Party Sites / Third Party Services

 

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under Our control. We are not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Sike, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Website or any association with its operators.

 

Marketing

 

We or our business partners may communicate with you with regard to products, promotions, and other services that may be of interest to you. This may include email or other communications. We may also solicit your opinion for market research purposes.

 

Compliance And Indemnity Under Canadian Anti-Spam Legislation

 

By using any of Our services, in the context of outbound marketing or prospecting communications, You are representing and agreeing that You have received the express consent to contact any individual, as required under Canadian anti-spam legislation.  A misrepresentation under this provision can lead to civil liability to You and a suspension of Your account.  You agree to indemnify and hold harmless Maple Coupons, its affiliates, successors, officers, directors, employees, and assigns for any and all actions or causes of action, including costs, which may arise of any nature whatsoever, including administrative actions by a governmental body, by virtue of Your breaching any statute or law.

 

Miscellaneous

 

  • You will not transfer any of your rights or obligations under this Agreement to anyone else without our express written consent.
  • We reserve all rights not expressly granted to you.
  • You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements, and will indemnify Maple Coupons for any breach of this provision.
  • You will provide accurate information to Us and keep it updated.
  • You will act honestly and professionally.
  • You won’t copy, distribute or use the information, content or data provided by Maple Coupons in connection with a competitive service.
  • You won’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code from our Website or any content owned by Maple Coupons or any related technology, or any part thereof.

 

Failure to adhere or comply with any of the above terms may result in the unilateral termination of Your right to use Our Website and Services, at Our sole discretion, and of Your account, and we further reserve all available legal remedies against You to pursue a damage claim, or any other legal remedy that is available in law, should one arise by virtue of Your breach of this provision or any other provision contained in these terms.

 

Complaints Regarding Content

 

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

 

How To Contact Us

 

If you want to send us notices or service of process, please contact us at Contact Us