1.ABOUT THE WEBSITE
2.YOUR ACCOUNT, LICENSE AND USE OF THE WEBSITE
As a condition of using the Website, you represent and agree that:
you are legally capable of entering into binding contracts;
you are a resident of Ontario;
you will make purchases on the Website only for your personal use and enjoyment or as a gift for another person.
In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for: (i) the conduct of such minor; (ii) controlling the minor’s access to and use of the Website; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the content on the Website or content on websites linked from the Website or Merchant Offerings may contain material, goods or services that are inappropriate for minors.
To make a purchase on the Website, you must first register with the Website and create a user account. You may only create and hold one account on the Website for your personal use. Your account is non-transferable; you cannot sell, combine or otherwise share it with any other person. You are responsible for all use of your account. You agree to notify us of any unauthorized use of your password or account.
You agree (a) to provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) to maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to SING CLUB, and to keep it accurate, current and complete; (d) that you are responsible for all activity and use of your account; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to SING CLUB.
We also reserve the right to modify or discontinue the Website with or without notice to users. SING CLUB shall not be liable to any user, in tort or in contract, should we exercise our right to modify or discontinue the Website. Merchant Offerings may change or be removed at any time in SING CLUB sole discretion, without notice.
5. COPYRIGHT AND TRADEMARKS
Except as otherwise indicated, the Website, and all text, images, marks, logos, designs, graphics, information, data, software, music, sounds, code and other material and information contained on the Website (collectively, “Content”) and the selection and arrangement thereof (collectively, the “Site Content”), are the property of SING CLUB 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.
SING CLUB, its logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of SING CLUB, the Merchants and/or its or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SING CLUB or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SING CLUB and may not be copied, imitated or used, in whole or in part, without the prior written permission of SING CLUB. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website 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 SING CLUB. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE WITHOUT OUR EXPRESS WRITTEN PERMISSION IS STRICTLY PROHIBITED. Any violation of these prohibitions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and /or criminal penalties.
The Website may contain links to websites maintained by third parties (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. Your use of links to Third-Party Sites, and any Third-Party Content therein, is at your own risk. SING CLUB does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. SING CLUB provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply SING CLUB’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. SING CLUB 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 Website. When you leave the Website, 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.
SING CLUB may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SING CLUB, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SING CLUB is not 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 Website.
We may also, from time to time, offer promotional codes on the Website, offering a discount (the “Discount”) off purchases transacted on the Website, exclusive of taxes, shipping and delivery. To redeem, you must log in or sign up for an account at the Website. 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 cannot be combined with any other offers. SING CLUB 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. SING CLUB is unable to re-apply a Discount or provide you with a Discount in any other manner once a transaction has been completed.
8.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You expressly understand and agree that your use of the Website is at your sole risk. Neither SING CLUB nor its partners or its or their affiliates or any of their respective employees, agents, Merchants, third-party content providers or licensors warrant that use of the Website will be uninterrupted, secure, virus-free or error free, nor do they make any warranty as to the accuracy, completeness, reliability or currency of any content on the Website, including but not limited to, the Merchant Offerings. SING CLUB is not responsible for typographical or any other errors or omissions relating to pricing, text or photography. To the fullest extent permitted by law, the Website and all Site Content and other information contained on the Website, including Merchant Offerings, are made accessible or available on an “as is” and “as available” basis. To the maximum extent allowed by applicable law, SING CLUB expressly disclaims any and all representations, warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties of merchant-ability, fitness for a particular purpose, title and non-infringement.
While SING CLUB attempts to make your access to and use of the Website safe, we cannot and do not represent or warrant that the Website 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. You also acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of SING CLUB and that SING CLUB shall not be responsible for any data lost while transmitting information on the Internet. While SING CLUB attempts to make the Website accessible 24 hours per day, 7 days per week, it is possible that the Website 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 certain circumstances, whether or not controllable by SING CLUB, your access to the Website may be interrupted, suspended or terminated from time to time or generally.
The warranty limitations in this section are not intended to limit any warranty provided directly by a Merchant or by the applicable manufacturer of physical products.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SING CLUB BE LIABLE FOR ANY INJURY, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF SING CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH: (A) THE USE OF OR INABILITY TO USE THE WEBSITE, (B) THE SITE CONTENT, (C) ANY THIRD-PARTY WEBSITE OR THIRD-PARTY CONTENT WITH WHICH THE WEBSITE IS LINKED, (D) ANY MERCHANT OFFERING OR OTHER GOODS, SERVICES, MATERIALS OR INFORMATION MADE AVAILABLE ON THE WEBSITE, (E) ANY TRANSACTIONS ENTERED INTO ON, THROUGH OR AS A RESULT OF THE WEBSITE, (F) ANY STATEMENTS OR CONDUCT OF ANY USER, MERCHANT, ADVERTISER OR OTHER THIRD PARTY ON OR RELATING TO THE WEBSITE, (G) ANY ACTION OR INACTION BY A MERCHANT, INCLUDING WITHOUT LIMITATION, A MERCHANT’S FAILURE TO ABIDE BY APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THE TERMS OF A MERCHANT OFFERING; OR (H) ANY OTHER MATTER RELATING TO THE WEBSITE. IF, DESPITE THE PRECEDING SENTENCE, SING CLUB IS FOUND TO BE LIABLE TO YOU, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR USING THIS WEBSITE; AND (II) $1 CANADIAN DOLLAR. YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET AND IN-WEBSITE COMMUNICATIONS MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE E-MAILING SING CLUB OR USING ANY IN-SITE COMMUNICATIONS FUNCTION OF THIS WEBSITE.
10.GOVERNING LAW AND FORUM
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
II. SING CLUB TERMS OF SALE
When you place an order to buy something on the Website, you are making an offer to purchase the Product or Voucher(s) that you have selected on the following terms:
Certain Merchants allow you to purchase various products directly from the Merchant. Terms and conditions regarding delivery and returns will vary by Merchant and will be stated in the Merchant’s deal terms. Applicable sales taxes will be added at checkout. Once you click the “Buy” button, SING CLUB will notify the Merchant of your requested order. Your purchase is not complete until you receive an email from SING CLUB confirming whether or not the Merchant has accepted your order. The Merchant, and not SING CLUB, is solely responsible for all Products purchased through the Website (unless SING CLUB is indicated as the Merchant).
1. All Vouchers purchased on or printed from the Website are subject to the Terms of Sale of SING CLUB and the terms of the participating Merchant(s).
2. SING CLUB 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 solely responsible for redeeming the Vouchers you have purchased.
3. SING CLUB is not responsible for any lost or stolen Vouchers. SING CLUB is not liable for any un-redeemed Vouchers.
4. 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.
5. A Voucher will expire by the date (if any) stated on the face of the Voucher, unless such expiration is prohibited by law.