TERMS AND CONDITIONS OF USE
I. TERMS AND CONDITIONS OF USE
Dear Site user,
4. Copyright and Trademarks
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the WagJag logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the "Site Content") are the property of WagJag or its licensors and are protected by Canadian and international laws, including without limitation copyright and trademark laws. All rights to the Site Content are expressly reserved.
WagJag, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of WagJag and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WagJag or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of WagJag and may not be copied, imitated or used, in whole or in part, without the prior written permission of WagJag. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WagJag.
Everything located on or in this Site is the exclusive property of WagJag or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF ITS MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF WAGJAG IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject a User to civil and /or criminal penalties.
5. Limited License
WagJag grants you a limited, nonexclusive, nonsublicensable license to access and use the Site and to view and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational and personal use (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not use the Site or the Site Content other than for its intended purpose; and (iv) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of WagJag is strictly prohibited and will automatically terminate the license granted herein.
Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify WagJag against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms. To request permission for uses of Site Content not included in the foregoing license, you may contact WagJag at the address set out at the bottom of these Site Terms.
6. Hyperlinks and Third Party Content
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray WagJag or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a WagJag logo or other proprietary graphic of WagJag to link to the Site without the express written permission of WagJag. Further, you may not use, frame or utilize framing techniques to enclose any WagJag trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without WagJag’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of WagJag or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of WagJag or any third party without the prior written permission of WagJag or such other party that may own such patent, trademark, copyright or other proprietary right(s). The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. WagJag does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. WagJag provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply WagJag’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. WagJag accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Under no circumstances will WagJag be liable for any loss or damage caused by a User’s reliance on information obtained through WagJag. It is the User’s responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site and Third Party Sites.
7. User Conduct and Use of Interactive Areas
- Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or entity, or that would otherwise create liability or violate any local, provincial, federal or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity;
- Content that would violate or infringe upon the rights of others
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Content that is false or misleading;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of WagJag, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose WagJag or its affiliates or its Users to any harm or liability of any type.
8. Rights to User Content
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant WagJag and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant WagJag and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant WagJag the right to pursue at law any person or entity that violates your or WagJag’s rights in the Content by a breach of these Site Terms.
9. User Information, Registration Data, Email Alerts and Account Security
This Agreement sets forth the terms and conditions that govern the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions set forth in this Agreement. The right to use this Site is given on an individual basis to a specific User and is not transferable. Each User is responsible for protecting the confidentiality of User's password(s), if any.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to WagJag, and to keep it accurate, current and complete; (d) consent, upon registration with the Site, to having your email address included on an email alert list for your city whereby you will be alerted by email of the offers presented for that city or cities. You can subscribe for additional email alert lists for additional cities by changing your preferences or unsubscribe from email alert list(s) at any time by clicking on the appropriate links in any email alert you receive; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to WagJag.
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 WagJag and that WagJag shall not be responsible for any data lost while transmitting information on the Internet. While WagJag endeavours to make the Site accessible 24 hours per day, 7 days per week, it is possible that the Site may be unavailable from time to time for any reason including but without limitation to routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by WagJag, your access to the Site may be interrupted, suspended or terminated from time to time or generally.
WagJag has the right to change or discontinue any aspect or feature of the Site and WagJag's business, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, WagJag may discontinue any portion of the Site or any information disseminated or displayed or the method of such dissemination or display at any time.
10. Advertisements and Promotions
WagJag and Jaunt may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than WagJag and Jaunt, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Neither WagJag nor Jaunt is responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
11. Warranty Disclaimer
Except as expressly provided to the contrary in a writing by WagJag, the Site, the materials contained therein and the services provided on or in connection therewith including without limitation any mobile billing functionality (the "Services") are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. WagJag expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Services, information, Content or materials on the Site. WagJag does not represent or warrant that materials in the Site or the Services are accurate, complete, reliable, current, uninterrupted or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Site Content or any portion thereof. Neither WagJag nor Jaunt is responsible for typographical errors or omissions relating to pricing, text or photography. While WagJag attempts to make your access to and use of the Site and the Services safe, WagJag cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.
12. Limitation Of Liability
You waive and covenant not to assert any claims or allegations of any nature whatsoever against WagJag, its affiliates (including without limitation Jaunt), its loyalty program partners, or their respective directors, officers, employees or agents (collectively, the "WagJag Parties") arising out of or in any way relating to your use of the Site, the Services, the Content or the materials contained in or accessible through the Site.
In no event shall the aggregate liability of the WagJag Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to WagJag for access to or use of the Site.
13. Privacy and User Communications
WagJag and Jaunt are under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from WagJag and/or Jaunt by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.
14. Applicable Law and Venue
The Site (excluding Third-Party Sites) is controlled by WagJag and operated by it from its offices in Toronto, Ontario. While WagJag has made no effort to publish the Site elsewhere, the Site is accessible in all Provinces of Canada and in other countries. You and WagJag both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and WagJag explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to: (a) these Site Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Site Terms or to the Services; or (d) the relationships that result from these Site Terms or the Services (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against WagJag related to any Claim and, where applicable, you also agree to opt out of any class proceedings against WagJag. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify WagJag for your failure to comply with any such laws.
15. Termination/Modification of License and Site Offerings
17. Questions and Comments
One Yonge Street, 4th Floor
Dated: January 15, 2015
II. WAGJAG TERMS OF SALE
When you place an order to buy something on the Site, you are making an offer to purchase the voucher(s) that you have selected on the following terms. To make a purchase on the Site you must first register with the Site and create a user account.
1. All vouchers purchased on or printed from the Site are subject to the Terms of Sale of WagJag and the terms of the participating merchant(s). Any customer loyalty credit programs are subject to the Terms of Sale of WagJag and to any additional terms applicable to the credit, including the terms set out below under the heading “WagJag/TELUS Loyalty Program.”
2. Unless otherwise specified, WagJag is not the supplier of the goods and/or services. They are supplied by the participating merchant(s), upon whose behalf we provide the vouchers to you, and the merchant is responsible for redeeming the vouchers you have purchased.
3. WagJag is not responsible for any injury, illness, damage, claim, liability, expense or cost incurred or suffered by a customer or any third party, directly or indirectly arising out of or relating to: the acts or omissions of any participating merchant; the use, redemption, lack of redemption or cancellation of any voucher; or a customer's participation in or exercise of any offer. WagJag is not responsible for any lost or stolen vouchers. WagJag is not liable for any unredeemed vouchers.
4. WagJag reserves the right to suspend or cancel any offer or voucher at any time in its sole discretion.
5. The vouchers have no cash surrender value. Unless required by law, the vouchers cannot be redeemed for cash or applied as payment to any account. The vouchers cannot be combined with any other vouchers, offers, certificates, discounts, or promotions unless otherwise specified by the merchant.
6. Each voucher has a purchase value and a promotional value. The purchase value is the amount paid for the voucher. The promotional value is the amount of the promotional offer in excess of the purchase value and will expire by the date (if any) stated on the face of the voucher, unless such expiration is prohibited by law. When required by applicable law, if a voucher is not redeemed by the expiry date, the voucher can be redeemed for an amount equal to the amount you paid for the voucher (that is, the purchase value). Where applicable, the redemption value of the vouchers will be reduced by the amount of purchases made.
7. WagJag values fantastic user experiences because we want to be the best part of your day. If you are not happy with your purchase, please let us know why (we like lots of juicy details) and our customer service team will work with you to make things right. Each issue will be investigated and handled on the case by case basis to determine the best resolution.
8. Promotional codes may be offered through WagJag.com from time to time offering a discount (the “Discount”) off purchases transacted on WagJag.com, exclusive of taxes, shipping and delivery. To redeem, you must log in or sign up for an account at WagJag.com. Once logged in, select the deal(s) you wish to purchase and proceed to checkout. On the checkout screen, under “order summary”, select “add” to add a promotional code, and enter code. Each Discount must be used in a single transaction and product restrictions or exclusions may apply. Other terms and conditions may apply – see each Discount and offer for details. Each Discount is valid only for the period stated on the promotional code offer. Discounts are not valid towards the purchase of WagJag gift cards. Discounts cannot be combined with any other offers. WagJag reserves the right to limit, revoke or refuse the use of a Discount at any time in its sole discretion. Each Discount is non-transferrable and may not be exchanged for cash. A Discount will not be granted and may not be redeemed for a future purchase if the initial transaction is cancelled or refunded or item(s) are returned. A Discount will not be granted if the applicable code is not applied during the transaction or incorrectly entered. WagJag is unable to re-apply a Discount or provide the customer with a Discount in any other manner once a transaction has been completed.
9. WagJag gift cards are valid towards purchase of all offers that are transacted on WagJag.com, unless otherwise stated on the offer page. Not valid towards the purchase of WagJag gift cards. Other terms and conditions may apply – see offer for details. To redeem, you must log in or sign up for an account at WagJag.com. Once logged in, select the deal(s) you wish to purchase and proceed to checkout. On the checkout screen, under “order summary”, click “add” to add a gift card, and enter the numerical code found on your gift card. Your total order value will be reduced by the amount of credit available on the gift card. Use gift card for multiple transactions until balance is depleted. Any purchase for an amount greater than the available balance of your gift card must be paid with an alternative method of payment. Unauthorized use, reproduction or resale is prohibited. Gift cards are not reloadable. Safeguard your gift cards. Gift cards will not be replaced or replenished if lost, stolen, used incorrectly or without authorization. All gift card purchases are final sale, no refunds. WagJag reserves the right to limit, revoke or refuse the use of a gift card at any time at its sole discretion. May not be exchanged for cash. The purchase, use or acceptance of gift card constitutes acceptance of these terms.
III. JAUNT (WAGJAG TRAVEL) TERMS OF SALE
1. All Jaunt vouchers purchased on or printed from the Site are subject to these Terms of Sale of Jaunt, the Terms That Apply to All Offers and the terms of the participating merchant(s).
2. Neither WagJag nor Jaunt is responsible for any injury, illness, damage, claim, liability, expense or cost incurred or suffered by a customer or any third party, directly or indirectly arising out of or relating to: the acts or omissions of any participating merchant; the use, redemption, lack of redemption or cancellation of any voucher; or the customer's participation in or exercise of any offer.
3. Neither WagJag nor Jaunt is liable for any unredeemed vouchers.
4. Neither WagJag nor Jaunt is responsible for any lost or stolen vouchers.
5. Unless otherwise specified, retail sales tax and federal goods and services tax are not included and are payable directly to the merchant. Gratuities are not included.
6. Unless otherwise specified, entire voucher value must be used in one visit.
7. Unless otherwise specified, Jaunt vouchers cannot be combined with any other voucher, certificate, discount, promotion or offer.
8. Unless otherwise specified, all prices are listed in Canadian dollars.
9. Jaunt vouchers have no cash value. Unless required by law, the vouchers cannot be redeemed for cash or applied as payment to any account.
10. Jaunt vouchers are not valid for cash back.
11. WagJag or Jaunt reserves the right to suspend or cancel any offer or voucher at any time in
its sole discretion.
12. Unless otherwise specified, neither WagJag nor Jaunt is the supplier of the goods and/or services. They are supplied by the participating merchant(s), upon whose behalf we provide the vouchers to you, and the merchant is responsible for redeeming the vouchers you have purchased and providing you with the goods and/or services.
13. Each voucher has a purchase value and a promotional value. The purchase value
is the amount paid for the voucher. The promotional value is the amount of the promotional offer in excess of the purchase value and will expire by the date (if any) stated on the face of the voucher, unless such expiration is prohibited by law. When required by applicable law, if a voucher is not redeemed by the expiry date, the voucher can be redeemed for an amount equal to the amount you paid for the voucher (that is, the purchase value). Where applicable, the redemption value of the vouchers will be reduced by the amount of any purchases made.
IV. WAGJAG & JAUNT (WAGJAG TRAVEL) Refund Policies
If you would like to request a refund from WagJag or Jaunt (WagJag Travel), please email us at firstname.lastname@example.org or call in the GTA: 416-687-5848 or outside the GTA, toll-free: 1-855-4-WAGJAG. See refund terms below.
1. Unused Vouchers: If you have not used your voucher and would like to return it, please contact us and we will provide you with a full refund within 30 days of purchase, unless otherwise stated below. Seriously, it's that simple!
2. Products: Includes all goods that are delivered directly to your front door by a supplier. WagJag provides you with an array of great products shipped right to your door. As products are shipped directly to you they do fall under a separate refund policy than our daily deals which are redeemed by presenting a voucher in person. Products received from a WagJag purchase may be returned for a full refund within 14 days of delivery only if the product is defective or not received as advertised. All other requests for refunds will be handled on a case-by-case basis. In all cases, the product must be returned to the supplier in order to receive any compensation, and refunds cannot be issued until the product has been received. Please note that due to their nature, beauty and health products are non-refundable. Customers are responsible for any return shipping costs.
3. WagJag Grocery: WagJag Grocery prides itself on offering great deals with fantastic savings and working with the best companies in the food business. We are committed to providing quality products to make your in-home dining experience more pleasurable. If you are not happy with the quality of your purchase, please let us know why within 14 days of receiving your purchase and we will do our best to make it right. If you have a quality concerns please supply pictures that detail your concern so that we are able to show the food manufacturer and provide you with a full refund. Unfortunately, we cannot accept food product back once it is in your possession due to the strict food safety regulations we follow.
4. Jaunt (WagJag Travel): Jaunt will issue refunds on unused/unbooked vouchers for up to 14 days after the offer closes. If you're only available to redeem your jaunt on certain dates, make sure you book your jaunt with the hotel/merchant during the refund period. If the jaunt is not available on the day you need, we'll be happy to issue a full refund provided that you make your request within 14 days after the offer closes on WagJag.com. Once a booking (e.g. a hotel reservation or a spa appointment) has been made with a voucher, this refund policy ceases to apply, and the refund and cancellation policies of the merchant will take full effect. If you have a question about a refund or cancellation, please contact us.