In order to use our Site, you must agree to our Terms of Service. The Terms of Service are are important and contain many legal disclosures that you should read carefully - including terms of sale that apply when you buy something through the Site and other terms that specify permissible uses of the Site.
By using EcoNom.ca and any content accessed from EcoNom, you (the “user”) agree to be bound by the following terms of service (the “Terms”).
If you wish to not accept the terms of service, please refrain from using this site.
1.1 These Terms of Service apply to your use of the EcoNom.ca website, and associated services (the “Service“) provided by EcoNom in order to browse, locate and purchase deals, discounts, coupons and/or vouchers (each a “Merchant Offer“) offered by participating merchants (each a “Merchant“) which may be exchanged for goods and services offered by that Merchant.
1.2 By accepting these Terms, you represent that you are 18 years or older and capable of entering into a legally binding agreement.
2.1 EcoNom does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Merchant Offer or product or service purchased from a Merchant pursuant to a Merchant Offer (“Product“), the truth or accuracy of the description of any Merchant Offer or Product, any Merchant or other third party website referenced or described by or accessible through the Service, or any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid for through the Service, or a web site hosted, displayed or otherwise provided by Deals (a “EcoNom Web Site”); or (b) the ability of a purchaser of a Merchant Offer (“Buyer”) to buy a Product or a Merchant to deliver a Product. EcoNom hereby disclaims any liability or responsibility for any Content or any errors or omissions in any Content or in the Service.
2.2 EcoNom reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Merchant Offers or other Content from EcoNom at any time.
2.3 User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of EcoNom, and EcoNom shall not be responsible for any data lost while transmitting information on the Internet.
2.4 While it is our objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of EcoNom, access to the Site may be interrupted, suspended or terminated from time to time.
2.5 EcoNom shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Your permission to use the site is conditioned upon your agreement that you:
3.1 acknowledge and agree that Merchant Offers are issued solely by the participating Merchants. EcoNom is not offering or selling the Products that are described in or may be purchased through the Merchant Offers.
3.2 will comply with the terms set forth in the Agreement and applicable law3.3 are 18 years of age or older to purchase any Voucher / Promotional Offer.
3.4 will provide accurate information when creating an account or registering for our services3.5 are solely responsible for protection of User passwords and activity while logged into the site
3.6 will not copy or distribute any portion of the Site without express written consent.
Any personal information you provide in connection with the Service will be treated in accordance with EcoNom privacy policy (found at http://www.econom.ca/about/privacy/).
5.1 In order to purchase a Merchant Offer, you may be asked to supply certain information, including credit card or other payment information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges (including shipping and handling charges) incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred.
5.2 You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your purchase of Merchant Offers or your use of Merchant Offers to obtain Products, and that the reporting and payment of any such applicable taxes are your responsibility.
5.3 The Merchant promoting a Merchant Offer through the Service is the sole provider of the Product described in that Merchant Offer. Merchant is solely responsible for the terms of all of its Merchant Offers and for honoring all purchased Merchant Offers that are sold pursuant to the terms of the Merchant Offer and these Terms.
5.4 EcoNom acts in a marketing and advertising capacity with respect to the promotion and advertising of Merchant Offers.
5.5 EcoNom is not offering or selling the Products that are described in or may be purchased through the Merchant Offers.
5.6 EcoNom reserves the right to refuse any order for any reason. Orders may be delayed or canceled if EcoNom is not given completely accurate information and/or is unable to contact the person who has placed the order and/or is the primary cardholder for the order.
6.2 You acknowledge and agree that each Merchant Offer is subject to (a) the standard Merchant Offer terms and conditions set forth below in Section 6.3, unless otherwise stated in the terms and conditions accompanying that Merchant Offer; (b) any additional terms and conditions that are disclosed to you at the time of your purchase of the Merchant Offer, and (c) any terms and conditions or other requirements that may be imposed as a matter of applicable law.
6.3 Merchant Offers will satisfy the following requirements: 6.3.11 Purchase or use of a Merchant Offer constitutes acceptance of the Terms and the terms and conditions stated on the specific Merchant Offer.
You agree to release EcoNom and its agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with your dispute with any Merchant, other Buyer, advertiser or other third party in connection with the Service. You agree that you will not involve EcoNom in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Merchant, other Buyer, advertiser or other third party in connection with EcoNom. If you attempt to do so, you shall pay all costs and attorneys fees of EcoNom and shall provide indemnification as set forth below, and the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms shall constitute a waiver of any rights, claims or defenses that you may have with respect to a payment transaction under your card issuer agreement.
8.2 After the end of the Redemption Period, you may be entitled to receive a refund for an unredeemed Merchant Offer of only the amount you paid through EcoNom for the Merchant Offer in accordance with the Refund Policy stated in these Terms below.
9.2 If you request a refund for the amount you paid for an unredeemed Merchant Offer purchased through EcoNom within sixty (60) calendar days of your purchase of the Merchant Offer, EcoNom will initiate a refund to you of that amount you paid for your unredeemed Merchant Offer.
9.3 If you request a refund for the amount you paid for an unredeemed Merchant Offer purchased through EcoNom more than sixty (60) calendar days after your purchase of the Merchant Offer, EcoNom will initiate a refund to you of that amount you paid for your unredeemed Merchant Offer solely as required by applicable law.9.4 This Refund Policy is in addition to any rights that you may have under applicable law to request a refund of the value paid for a Merchant Offer that was not redeemed during the Redemption Period. The value paid for a Merchant Offer (as distinguished from the value of the Product that could have been obtained during the Redemption Period) does not expire, unless (a) the expiration date is disclosed to you at the time of your purchase of the Merchant Offer, and (b) the expiration of the value paid associated with the Merchant Offer is permitted under applicable law.
You agree that EcoNom and/or third parties own all right, title and interest in and to the Service and the Merchant Offers, including without limitation all applicable Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, unless otherwise permitted, take any action to circumvent or defeat the security or Content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Service, use the Service to access, copy, transfer, transcode or retransmit Content in violation of any law or third party rights, or remove, obscure, or alter EcoNom or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service.
11.1 These Terms will continue to apply until terminated by either you or EcoNom as set out below.
11.2 If you want to terminate these Terms, you may do so by ceasing your use of the Service and any purchased Merchant Offers.
11.3 EcoNom may, in its sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Terms or other policies EcoNom may establish from time to time.
11.4 Upon termination of your use of the Service, you remain liable for all payment transactions and any other obligations you have incurred. Upon termination, EcoNom has the right to prohibit your access to the Service and to refuse future access to the Service by you. Sections 7, 10, 11.4, 12 will survive any termination of these Terms.
We provide the Site and Services “as is”, “with all faults” and “as available.” We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT ECONOM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ECONOM, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A ECONOM REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF EcoNom. 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.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Company EcoNom, its subsidiaries and affiliates and their respective directors, officers, employees and agents (the EcoNom Parties) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your access or use of, or attempt to access or use, the Service, including any purchase or use of any Merchant Offer, or your violation of these Terms.
These Terms of Service, together with the Privacy Policy at http://www.econom.ca/about/privacy/ and any other legal notices published by EcoNom on the Site or any Deal Voucher, shall constitute the entire agreement between you and EcoNom concerning EcoNom. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement.
These terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the state of Kansas without reference to conflict of law principles, and in the event of a dispute the parties agree to the exclusive jurisdiction of the courts located in Montreal, Quebec. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device.
The headings provided in this agreement are provided for convenience only. 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. These terms contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms will not be assignable or transferable by you without the prior written consent of EcoNom.
Each voucher will contain a specific expiration date, printed on the voucher, at which time the promotional portion of a deal expires.
User is contracting with EcoNom, which can be reached at :
5122 Trans-Island,
Montreal, QC, Canada,
all questions should be directed to our Contact Us form located at
http://www.econom.ca/help/tour/.
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