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Terms of Service


Travalu International Promotion Services Inc.

Terms of Service

This document was last updated on July 15, 2014

When you register for any Services offered by www.travalu.com, and/or its parent Company – Travalu International Promotion Services Inc. (the Company) and accept this document you agree to and will be bound by all of the stated terms and conditions.

Please read the following terms and conditions carefully. If you do not agree to these terms and conditions, you may not use the Service and should not proceed with your registration or application for Service.

The Service   

Service include but are not limited to:

Access to redeemable rewards and related offers.

offers to download the Travalu mobile application.

offers to purchase a Travalu Pass which permits access to redeemable rewards and incentives provided by participating merchants.

Opportunity to register for contests and win prizes for participation

Other Service as may be defined herein.

User Agreement  

This Agreement constitutes your agreement with the Company regarding your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, “we” and “us” means the Company or any successor or assign of the Company.

Right to Use   

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

If you have registered as a student and purchased a student pass you represent and warrant that you are actively enrolled in the school, university, college or other academic institution be it private or public. You agree to permit the Company to verify your enrollment and hereby give your express permission to do so.

You represent, warrant and covenant that you are at least 18 years of age. If you are not 18 years of age or older, you represent, warrant and covenant that this agreement has been reviewed and agreed to by a parent or legal guardian.    You understand and agree that monitoring of your communications and/or use of the Service may be made with or without your knowledge for security and quality assurance and training purposes.

Code of Conduct 

You agree to use the Service in accordance with the following Code of Conduct:      

you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images; 

you will not forward chain letters through the Service;

you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

you will not post messages, pictures or recordings or use the Service in any way which:   

i.   violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
ii.  is fraudulent or otherwise unlawful or violates any law; and      

You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or Service.

You will not use the Service to knowingly distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, the communication systems or to other members’ systems in any way.

you will not post or transmit in any manner any contact information including, but not limited to, email addresses, “instant messenger” nicknames, telephone numbers, postal addresses, URLs, or full names through the Service.

When posting images, links to videos, status updates and/or messages, please contribute quality content to the website  that help create a positive user experience for everybody.  We reserve the right to remove any content and deduct the points that were awarded for that content when we deem it excessively repetitive, disrespectful, hateful, pornographic, or offensive). 

Fees and Payments     

Access to certain components of the website and/or mobile applications may require you to register and pay a service fee.

Service fees may not be transferred or refunded.

You agree to pay or have paid all fees and charges incurred in connection with your access to the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable except in the case of certain “special circumstances” that may be defined in the sole discretion of the Company. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting changes on the site from time to time. You are responsible for any fees or charges incurred to access the Service through an Internet Service provider or other third party Service Provider, including but not limited to mobile telephone charges.

From time to time additional promotions or content (the “Content”) may be provided on an ad hoc basis to registrants.  This Content may be subject to additional charges that will be clarified on a case-by-case basis.   

Privacy and Use of Information 

By using the Service you agree to our Privacy Statement. You acknowledge that while the Company has taken all reasonable steps to provide assurances of electronic fraud protection; (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;  (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you a user ID that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

Removal of Information

 We are not responsible for the content of any messages or materials exchanged through the Service., We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You agree to remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.

Termination of Access to Service 

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, which may otherwise affect the enjoyment of the Service or the Internet by other participants, will be grounds for termination of your access to all or part of the Service at our sole discretion.

Proprietary Information

 The Service contain information which is proprietary to the Company, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

Responsibility 

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.

Security

 Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

Intellectual Property 

The materials used and displayed by the Company including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and Service marks, are the exclusive property of the Company or its affiliates or licensors and are protected by international copyright, trademark and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of the Company or the appropriate affiliate.

You agree not to post any material or content that you know is protected by international copyright, trademark and other laws without the written consent of the owner of the content.

External Links 

The Service may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.

Indemnity

 You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

Warranties

 The Service is distributed on an “as is” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Company, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Company or any user of the Service or any other Service. Your continued use of the Service now, or following the posting of notice of any changes

in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Modifications

 We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication  

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any content or products we provide. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.  By your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement (see “Privacy and Use of Information”)  

Governing Law

 This Agreement is entered into in British Columbia, Canada. You agree that it will be governed by the laws of the Province of British Columbia and any disputes arising out of this Agreement will be subject to the courts of the Province of British Columbia and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.  

THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, WILL BE CONSIDERED AS BEING SUBJECT TO THE JURISDICTION AND LAWS OF THE PROVINCE OF BRITISH COLUMBIA, CANADA.

Assignment

 You do not have the right to assign this Agreement or any of your rights to the Service to anyone. The Company has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of the Company, if the Company obligations hereunder are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement except for payment of any outstanding credits or refunds.

© Travalu International Promotion Services Inc. 2014

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