Welcome to DealComity. The following terms and conditions (the "Agreement") form a binding agreement between you and DealComity Canada Enterprises, Inc. with its registered office at 2145 Sherobee Rd #45, Mississauga, ON, L5A 3G9 which is sometimes referred to as "DealComity," "we," "us" or "our." Our e-mail address is info@DealComity.com.
Please review the following terms carefully. By using the Site or any DealComity Services, you are agreeing to these terms which govern your use of the Site and our Services. If you do not agree to these terms, you must stop using our Site and our Services. In addition, please see our Privacy Policy (published at http://www.dealcomity.com/privacy-policy which describes how we use your information. The term "you" refers to the person accessing or using the Site or our Services, or the company or organisation on whose behalf that person accesses the Site or our Services.
DealComity is an online community for people to organise their interests, browse the collections of their friends, and get recommendations around their interests (the "Services") through our website located at http://www.dealcomity.com and other online areas owned or operated by us, such as our Facebook and mobile phone applications (the "Site"). The Services also include the opportunity for you to purchase special Deals (as described below) for the products and services of third party merchants. The Services and Site are collectively referred to here as "DealComity."
Your permission to use DealComity is conditional upon your agreement that you:
You will need to register by creating an account with DealComity (either by registering directly with us or by allowing a DealComity application to connect through your Facebook profile) in order to publish Content on the Site or obtain access to certain Services, including Deals. If you choose to create an account or DealComity 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 DealComity Site and Services is not authorised by any other person or entity using your User ID and you are responsible for preventing such unauthorised use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by DealComity may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
DealComity relies on User IDs to know whether users accessing the Site and using our Services are authorised to do so. If someone accesses our Site or 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 the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorisation.
You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by DealComity, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the DealComity Merchant for their commercial purposes including to provide the Deal.
Our Privacy Policy explains how we collect, use and disclose information that relates to your privacy. For full details, please refer to our Privacy Policy at http://www.dealcomity.com/privacy_policy.
Any communications between you and DealComity, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorised by DealComity), and you agree not to post or use any Content in any manner that:
Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that breaches our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it breaches our policies or not.
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
We don't have control over websites that DealComity may link to. DealComity may contain links to third party websites that are not owned, operated, or controlled by DealComity. 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 website. By using DealComity you expressly relieve us from any and all liability arising from your use of any third party website.
DealComity provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Deal"). Merchants are willing to offer attractive promotions in order to reach the DealComity community.
By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Voucher (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.
Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged which is similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). 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 Canadian 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 paid value of the Voucher in accordance with the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, 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 honour the Voucher in compliance with law. If the Merchant refuses to honour the Voucher before the relevant expiration date, then DealComity will refund the paid portion of your Voucher in the form of a credit for future Deals (what we currently call "deal bucks"). In order to receive the credit, you must provide the following information in writing to info@dealcomity.com: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a true and accurate statement that the Voucher has never been redeemed with the Merchant.
"Deal Bucks" are a form of DealComity currency that may be applied as a credit towards future DealComity purchases. There are three types of Deal Bucks - Paid Deal Bucks, which you may purchase in certain incremental values (either as gift bucks or otherwise), Earned Deal Bucks, which are awarded to you from time to time as loyalty rewards or as we deem appropriate, and Promotional Deal Bucks, which are given to certain customers in connection with a specific promotion, contest or draw. Promotional Deal Bucks expire in accordance with the terms of the particular promotion. Paid and Earned Deal Bucks expire five years after the date of purchase of Paid Deal Bucks or issuance in all other cases, except where expiration of Paid Deal Bucks is prohibited by law. Paid Deal Bucks will be applied toward future DealComity purchases before Earned Deal Bucks, even if the Earned Deal Bucks expire first. Promotional Deal Bucks however will always be applied first due to their short term. Additionally, all Deal Bucks may only be applied towards purchases that are in the same currency as the Earned, Paid or Promotional Deal Bucks. Deal Bucks are not returnable or refundable for cash, except where required by law. Resale of Deal Bucks is strictly prohibited.
Each Deal has specific terms associated with the Deal, which will be presented to you before you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
To be clear, DealComity markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all loss, 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. By purchasing a Deal, a customer acquires 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 draws intended to provide you an incentive to purchase Deals 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 determine and apply these rules in our sole discretion.
The Site can be accessed from countries 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. DealComity 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. DealComity does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
You agree that we begin providing services to you in connection with making Deals available to you as soon as you receive your Voucher for the relevant Deal. DealComity will provide a refund of the purchase price paid by you for any Deal within five calendar days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed (in which case your right to cancel and receive a refund immediately ceases). After five calendar days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.
Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. DealComity will determine, in our sole discretion, whether purchase characteristics indicate a violation of these rules.
We may change or discontinue the Site 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 below. In the event of any termination, you will immediately stop using our Site and our Services. Any Voucher issued prior to termination will be honoured according to its terms and the terms of this Agreement specifically applicable to such Voucher.
We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express promises or guarantees about the Site, Services or Deals. To the maximum extent permitted by law, we and our employees, agents, suppliers and merchants disclaim any implied contractual promises that the site and services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not promise or guarantee that DealComity will meet your requirements, is error-free, be without interruption or available at all times. We do not promise or guarantee that the results that may be obtained from the use of DealComity, including any services or deals, will be effective, reliable, accurate or meet your requirements. We make no promises as to privacy and security other than as expressly stated in our privacy policy. We do not promise or 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 DealComity representative shall create any contractual promise. You may have additional consumer rights under your local laws that this contract cannot change.
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law which include that we will provide the Site and Services to a reasonable standard. Nothing in this Agreement is intended to affect these statutory rights. For more information about your statutory rights contact the Office of Consumer Affairs.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the total amount of fees that you have paid us during the previous 12 month period for the specific service at issue. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for:
You agree to compensate DealComity for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by DealComity which are caused by your breach of this Agreement or any claim that any Content submitted by you causes damage to or infringes the rights of a third party. This compensation obligation will survive the termination or expiry of this Agreement.
DealComity reserves the right, but has no obligation, to monitor, or take any action DealComity deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. 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 Site and from any and all 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 Services, including applicable copyrights, trade-marks and other proprietary rights. We are not granting any licence 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. "DealComity" is our trade-mark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trade marks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on DealComity, excluding all intellectual property of other sites obtained by way of API and/or linking and Content posted by our customers, is owned by DealComity. 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 DealComity, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by DealComity 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 by this Agreement in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trade marks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide licence, 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 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), 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.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may notify our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. DealComity's designated Copyright Agent to receive notifications of claimed infringement can be reached at info@dealcomity.com.
The communications between you and DealComity use electronic means, whether you visit the Site or send us emails, or whether DealComity posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from DealComity in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DealComity provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
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 stop using our Site and our Services. Your use of our Site and our Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or agreement by DealComity not to enforce its rights under this Agreement shall not be valid or effective except in a written agreement bearing the physical signature of an officer of DealComity. No purported agreement not to enforce and right or modification of this Agreement by DealComity via telephone or e-mail shall be valid.
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 ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. Our rights under this Agreement will survive any termination of this Agreement.
You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into Agreement, and to comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you confirm that you are, in any case, 13 years of age or older. If you aren't, you must please stop using our Site and our Services.
This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.
Last updated: November 25th, 2014