1. General Remark. The Site is for personal and non-commercial use. Through this Site, Yellow Pages Group Co. ("YPG") provides a service by which third party merchants ("Merchants") offer you vouchers which may be exchanged for goods and services at Merchants and other third parties' businesses ("Vouchers"). By using this Site, you agree to accept the risks inherent in trading via an on-line venue and acknowledge that YPG shall not be responsible for the acts or omissions of users of this Site. You represent and warrant that you are of legal age to form a binding contract in the province where the Voucher is exchangeable. Please use caution and common sense when using this Site.
2. Disclaimers and Limitation of Liability. This Site and the content contained on the Site are provided to you "as is" and "as available" and without warranty or condition of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, YPG disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement of third party rights, freedom from computer virus, and warranties arising from course of dealing or course of performance. YPG does not represent or warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server which makes the Site available are free from viruses or other harmful components. In no event shall YPG be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages, arising out of or in connection with the use or performance of the Site or any other site you may access while using the Site or your use of any of the content, even if advised of the possibility of such damages. Notwithstanding the foregoing, is YPG is found liable, in no event shall YPG's liability or its affiliates' or its respective directors' officers', trustees' or employees' liability to you or any third party exceed the purchase price of the Voucher.
3. Indemnity. You acknowledge and expressly agree that use of the Site is at your sole and own risk. You agree to defend, indemnify and hold YPG and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or users of your account, or in any way arising out of the use of the Site, including without limitation, the placement or transmission of any information or other materials on the Site by you or users of your account.
4. Prohibited Use of the Site. You shall not use the Site in any way that would interfere with its operation nor submit any information, material or content to the Site that violates any law. Furthermore, you shall not post, upload, publish, transmit or otherwise distribute on the Site any information, material, or content that:
(a) could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or fraud;
(b) could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral or statutory or any other rights of any person;
(c) could infringe the intellectual property rights including without limitation any copyright, trade-mark, or patent, of any person;
(d) could be considered as a use of the Site that is contrary to law or electronic etiquette, or which would adversely impact the use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
(e) contains any distasteful or offensive material including, but not limited to, material intended for an adult audience;
(f) contains: (i) advertising, solicitation, offer to join any organization whatsoever, or (ii) surveys, contests, or chain letters; or
(g) encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.
YPG reserves the right to remove any information, material or content that you post, upload, publish, transmit, distribute or otherwise use on the Site at any time, at its sole discretion and without prior notice.
6. Web Scraping/Harvesting. The framing, scraping, data-mining, extraction or collection of the content of the Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Site.
8. Hyperlinking to the Site. You may create a link (the "Hyperlink") to this Site provided that:
(a) you do not replicate any of the content of the Site;
(b) you do not create a frame or any other bordered environment around the Site or any of the content contained on the Site;
(c) the Hyperlink shall not imply any endorsement of any product or services;
(d) the website linking to the Site does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; and
(e) the website linking to the Site does not contain any information, content or material that would interfere with the operation of the Site nor which libels, defames, invades privacy, is obscene, abusive or threatening, infringes intellectual property laws or violates any other laws.
YPG may withdraw your right to link to the Site at any time in their sole discretion.
8. External Links on the Site. Links available on the Site will allow you to link to websites not maintained or controlled by YPG. YPG provides these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding these other websites and assumes no responsibility for content on third party websites. Please be aware that you link to these third party websites at your own risk.
9. Copyright. All content published on or otherwise accessible through the Site is protected by copyright. The content, and the copyright in the content, are owned or controlled by YPG or YPG' content suppliers. You may only use or reproduce the content for your own personal and non-commercial use. The content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any content on, or accessed through, the Site and maintain such notices in the content.
10. Trade-marks. RedFlagDeals.comÒ, Deal of the Day&™, Promo du JourÒ, LesPacÒ, lesPAC.comÒare trade-marks of YPG or its affiliates in Canada. All other products, services and company names mentioned in the Site may be trade-marks of either of YPG or their related companies or their respective owners. You shall not use any trade-mark displayed on the Site without the express written permission of YPG or the relevant owner of the trade-mark.
11. Changes. YPG reserves the exclusive right to modify these Terms at any time. Non-material changes and clarifications will take effect immediately. Material changes will take effect 30 days after their posting. The posting date of each document will be set out at the end of the document. Any continued use of the Site will be deemed conclusive of your acceptance of the modified Terms.
12. Registered User Accounts. In order to access certain parts of the Site, you may have to register as a user with YPG. During registration for a user account, you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify YPG of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. YPG will not be liable for any loss or damage arising from your failure to comply with this section.
14. Miscellaneous. Any service order or transaction performed on or through the Site may be subject to additional terms and conditions or terms of sale. The Terms and all other documents referenced herein constitute the entire agreement between YPG and you with respect to your use of the Site. YPG' failure to insist upon, or enforce strict performance, of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of these Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. These Terms shall be governed by and construed in accordance with the laws of the province in which you reside and the federal laws of Canada, as applicable. The parties hereby agree and attorn to the exclusive jurisdiction of the courts of the province in which the user of the Site resides. The parties have required that these Terms and all related documents be drawn up in English. Les parties ont demandé que ces termes et conditions ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
TERMS OF SALE
1. Agreement to Purchase. By clicking the "BUY NOW" button on an offer on the Site, you agree to purchase a Voucher from YPG to be exchanged for goods or services of the Merchant, provided that a predetermined number of purchasers, as stated on the offer, have also agreed to purchase the offer for the offer to be validly sold to you ("required number of purchasers").
2. Distribution of Vouchers. If the required number of purchasers is reached before midnight on the day of the offer, your credit card will be charged and YPG shall email you a Voucher which you must print and present to the Merchant in order to redeem the offer; if the required number of purchasers is not reached, the offer expires and your credit card will not be charged.
3. Terms for Redemption of Vouchers. The Merchant, not YPG, is the seller of the Voucher and is solely responsible for the goods and services purchased. All Vouchers are subject to these Terms, and the Merchant's own policies and terms of redemption. Neither the Merchant nor YPG shall be responsible for lost or stolen Vouchers. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant or on the Voucher. Reproduction of this Voucher is strictly prohibited. The sale or trade of this Voucher may be restricted in accordance with the Merchant's own policies and terms of redemption. Vouchers can be redeemed at any time prior to their expiry date, or as otherwise agreed to by the Merchant. Vouchers redeemed for less than face value may entitle you to a credit or cash for the balance, at the discretion of the Merchant. Please email firstname.lastname@example.org for any refund questions.