This Terms of Service is an agreement (Agreement) between you and Infinite Web & Marketing Solutions Ltd DBA West Coast Daily Deals (West Coast Daily Deals), and this Agreement governs both your legal rights with regards to West Coast Daily Deals the business as well as your use of our Website, www.westcoastdailydeals.ca. You explicitly and implicitly agree to be bound by the provisions of this Agreement each time you access our Website, regardless of how you use our Website.Ã‚ If you do not wish to be bound by this Agreement, please do not use or access our Website
We may amend this Agreement at any time by posting the amended terms on our Website.Ã‚ We may post notices about such changes on our Website when they occur.Ã‚ Ã‚ Any changes to this Agreement become effective at the time as specified in the notice.
The terms "us" or "we" or "our" refers to West Coast Daily Deals, the owner of this Website.Ã‚
A "Visitor" is someone that merely browses our Website.
A "Member" is someone who has registered with our Website to use our Service.Ã‚ We may also refer to Members as "Buyers".
A "Merchant" is a business that has signed contracts with West Coast Daily Deals to sell Vouchers to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
A "Voucher" is a reduced-price product/service voucher sold by a Merchant.Ã‚ The price you pay for a Voucher is referred to as the "Cash Value" of the Voucher.Ã‚ The value that the Merchant will attribute to the Voucher, as shown on the Voucher's face, is referred to as the "Face Value" of the Voucher.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, are collectively known as our "Content".Ã‚ We may refer to Content provided by our Members as "Member Content."
West Coast Daily Deals provides a service (Service) through which Buyers may purchase Vouchers as offered by our Merchants.Ã‚ Ã‚ Our Service is based upon the use of our Website as well as other Internet technologies we may employ, including, but not limited to, messaging services, videos, message boards, and blogging.Ã‚ Our Terms of Service governs your legal rights and duties while using our Website, Content, and Service.
West Coast Daily Deals grants you a non-exclusive, non-transferable, revocable license to access and use our Website, its content, and our Service strictly in accordance with this Agreement.Ã‚ In return for this license, you agree to wholly abide by all terms of this Agreement, of which the violation of any is grounds for the immediate termination of your Member account without notice as well as for subjecting you to possible civil and criminal action.
Our Website Content
You understand and agree that our Website, its content, and related technologies are protected by International Copyright Law and as such, you will not attempt to reverse engineer or otherwise copy our Website, its content, and related technologies other than is necessary for its intended use.Ã‚ Any violation of this provision is grounds for subjecting you to civil and criminal action under current International Copyright Law.Ã‚ You understand and agree that West Coast Daily Deals and other product and company names mentioned on our Website may be trademarks/service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates International Trademark Law.Ã‚ If you see any content on our Website that you believe violates International Copyright or Trademark Law, please notify us immediately.
West Coast Daily Deals allows for our Website to be used as a "Visitor" (a general user of our Website where no registration is required) or as a "Member" (you have registered with our Website as a Buyer or Merchant).Ã‚ By using our Website as a Visitor, you represent that you are of legal age to acquire the content you are seeking through our Website.Ã‚ By registering as a Member, you are legally representing that to the best of your knowledge and belief, your registration information is truthful, accurate, and complete.
As a Member, you will choose your user name and password. Ã‚ You understand and agree that you are responsible for maintaining the secrecy of your password and are fully responsible for activities occurring under your account.Ã‚ You should change your password promptly and notify us if you believe that others are accessing your account.Ã‚ To protect yourself and West Coast Daily Deals, you understand and agree that you will not loan your user name and password to others.Ã‚
Right to Refuse Membership
West Coast Daily Deals has sole discretion in determining whether to accept a Member to our Website and may refuse membership to our Website to anyone without the need to provide explanation.Ã‚ West Coast Daily Deals has no liability whatsoever for such refusal.
No Liability for Access by Minors
West Coast Daily Deals is not responsible for determining the age of its users and has no liability whatsoever should a minor use our Website but would otherwise be prohibited due to the minor's age.
General Content Disclaimer
The opinions and expressed on our Website and Service are strictly those of the person who gave them and are no way endorsed or otherwise supported by West Coast Daily Deals, other than that they appear on our Website.Ã‚ You understand and agree that you rely upon any content found on our Website solely at your own risk.Ã‚ Individual content provided by the Members (Member Content) represents their own ideas and positions.Ã‚ We may, though we are not obligated to do so, edit or remove Member Content to conform to our guidelines or that is abrasive, inflammatory, or violates state, provincial, or federal laws.Ã‚ Regardless of the basis of the modification or removal, West Coast Daily Deals is not liable for Member Content in any way.
Our Website content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date.
West Coast Daily Deals is not responsible or liable in any manner for any content on our Website, including, but not limited to, factual information, 3rd party applications, software, viruses, etc. as found on our Website or in Member Content.Ã‚ Although we provide rules for user conduct and postings, we do not control nor are not responsible for what users post, transmit or share on our Website.Ã‚ Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website.Ã‚ West Coast Daily Deals is not responsible for the conduct, whether online or offline, of any user of the Website or Service.
West Coast Daily Deals may be temporarily unavailable from time to time for maintenance or other reasons.Ã‚ West Coast Daily Deals assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.Ã‚ West Coast Daily Deals is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website/Service, loss of personal content on our Website, and lost or undeliverable email.Ã‚ Under no circumstances will the West Coast Daily Deals be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website or Service, or any interactions between users of our Website, whether online or offline.
THE INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.Ã‚ West Coast Daily Deals AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. West Coast Daily Deals CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE AND SERVICE.Ã‚ West Coast Daily Deals DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS AS ACCESSED FROM OUR WEBSITE AND SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.Ã‚ WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, CONTENT, SOFTWARE, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE OR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
West Coast Daily Deals AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.Ã‚ OUR WEBSITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL West Coast Daily Deals OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE OR SERVICE, EVEN IF THE West Coast Daily Deals IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Ã‚ NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF West Coast Daily Deals TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID FOR THE TRANSACTION GIVING RISE TO LIABILITY.
Waiver of Liability for Links to Other Websites
Our Website may contain links to other websites.Ã‚ You understand that the website may have its own legal documents to which you must agree to use the website.Ã‚ We have no control over these legal documents nor do we control the operation and/or content of such websites.Ã‚ You understand that it is your responsibility to verify your legal use of any website as well as use of information from such a website with its owner.Ã‚ You agree that West Coast Daily Deals is in no way liable for any damage claim regarding your use of such a website, including, but not limited to, reliance on or use of the information on the website to which you link to from our Website.
Message Boards, Blogs, and Other Public Forums
Advertisers, User Contributions, Testimonials and Opinions
You understand that our Website and any newsletters or emails you may receive from West Coast Daily Deals or our affiliates may include advertisements, user-contributed materials, testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals.Ã‚ You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Service.Ã‚ Furthermore, you understand and agree that West Coast Daily Deals is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
You understand that you may purchase a Voucher from a Merchant by paying the Cash Price as posted on our Website for such Vouchers to be redeemed by such Merchant for the Voucher's Face Value.Ã‚ By purchasing a Voucher from a Merchant through our Service, you agree to abide by all the terms of this Agreement and any such terms as found upon the Voucher itself.Ã‚ You understand that West Coast Daily Deals is no way responsible for redemption of any Voucher and that your sole recourse for redemption is with the Merchant who issued the Voucher.Ã‚ Ã‚ You understand that if the Merchant requires a specific number of Vouchers to be sold before the Merchant will honor the Voucher and that specific number of Vouchers is not sold, you will have no right to purchase that Voucher and any payment you have made will be refunded.
You understand that West Coast Daily Deals only provides our Service to allow for the offer and sale of Vouchers and we are not directly responsible for the terms of the Vouchers.Ã‚ You understand and agree that a Merchant sets all terms with regards to the scope and usage of a Voucher within the Merchant's business, including, but not limited to, limits on types of products/services for which a Voucher can be redeemed, whether a Voucher applies to shipping and handling, whether a Voucher can be combined with other offers, whether partial redemption is allowed, and whether the Merchant will give cash back for partial redemptions.Ã‚ Unless otherwise explicitly specified on the Voucher, you may not use a Voucher to pay any associated taxes or gratuities for the products/services associated with the Voucher, even if you only partially redeem a Voucher; if the Merchant does not allow for payment of certain items with the Voucher, including, but not limited to, alcoholic beverages, taxes, and gratuities, you must pay these out of your own pocket.
You may not redeem a Voucher for its Face Value past its specified expiration date.Ã‚ You may not reproduce or otherwise re-use a Voucher that has already been redeemed.Ã‚ You may not resell a Voucher to another person.Ã‚ Any attempt by you to circumvent the terms of a Voucher will render the Voucher null and void with no refund to you for any lost value.
West Coast Daily Deals and corresponding Merchants are in no way responsible for lost or stolen Vouchers.Ã‚ You understand and agree that West Coast Daily Deals is in no way liable for any and all injuries, illnesses, damages, claims, losses, liabilities and costs incurred by you in redemption of your Voucher.Ã‚ You agree to ALWAYS look to the Merchant who issued the Voucher for any complaints or causes of action.Ã‚ By purchasing a Voucher, you release West Coast Daily Deals and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of a Merchant.
Depending on the applicable laws of your jurisdiction, a Merchant may be responsible to redeem your expired Voucher for the Cash Value you paid for such Voucher for a period of time that extends beyond the expiration date on the Voucher.Ã‚ If you have an expired Voucher and would like to redeem it for the Cash Value, please contact the Merchant.Ã‚ If applicable law entitles you to such redemption and the Merchant is unwilling or unable (i.e. they have went out of business), please contact West Coast Daily Deals.Ã‚ Ã‚ Depending upon the circumstances and applicable laws, we may issue you a refund for the Cash Value.Ã‚ YOU UNDERSTAND THAT YOU ARE NEVER ENTITLED TO A REFUND FOR A VOUCHER'S FACE VALUE.
5-Day "No Questions Asked" Refund - OPTIONAL
If you purchase a Voucher from West Coast Daily Deals, you may request a "no questions asked" refund of the Cash Value of the Voucher so long as you have not already redeemed the Voucher and such request is received within five (5) calendar days as measured from midnight on the day you ordered the Voucher.Ã‚ Refunds will be made only in the method you paid for the voucher and only to that particular funding source.Ã‚ Refunds after this initial 5-day period are subject to the terms of the Voucher Sales section above.
Rules of Conduct While Using Our Website
All users of our Website, whether Member, Merchant, or Visitor, understand and agree to the following rules of conduct while using our Website, of which West Coast Daily Deals has sole discretion in determining whether you have violated such rules:
You agree to indemnify West Coast Daily Deals and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or the use of our Website or Service.
Release of Personal Information
Termination/Cancellation of Your Account
For Members, you understand and agree that if you violate any provision of this Agreement, West Coast Daily Deals may, solely at its discretion, terminate your account.Ã‚ In most cases, if West Coast Daily Deals does terminate your account, we will send you an email stating that your account is being terminated and why it is being terminated to the email address you have listed in your account profile.Ã‚ However, as explained above, there are several circumstances where you may not receive any notice due to the egregiousness of your actions.
Should you voluntarily wish to cancel your account, you understand and agree that when you cancel your account with our Service, you are automatically locked out of the Website and your access to it is immediately terminated, though you may continue to access our Website as a Visitor.Ã‚ You also understand and agree that you will lose your profile, Member Content, and or other membership information that you have on file at that time and that this information cannot be reclaimed or transferred to another account.
Arbitration of Disputes
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Website, our Service, or directly with West Coast Daily Deals, you agree to resolve any such dispute or damage claim by arbitration.Ã‚ The arbitration proceeding shall be conducted in Nanaimo, British Columbia, Canada, in accordance with the rules of the Canadian Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and West Coast Daily Deals.Ã‚ If we cannot agree on an arbitrator, then the Canadian Arbitration Association shall select an arbitrator at random.Ã‚ The laws of the Province of British Columbia, Canada, shall apply to the arbitration proceedings.Ã‚ You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator's findings.Ã‚ Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
You agree that the laws of the Province of British Columbia, Canada, govern this Agreement and your use of this Website. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in the Nanaimo, British Columbia, Canada, in all disputes (a) arising out of, relating to or concerning this Website and/or this Agreement, (b) in which this Website and/or this Agreement is an issue or a material fact, or (c) in which this Website and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Website is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. West Coast Daily Deals has endeavored to comply with all legal requirements known to it in creating and maintaining our Website and Service but we make no representation that any content available on our Website and Service is appropriate or available for use in any particular jurisdiction.Ã‚ Use of this Website or Service is unauthorized in any jurisdiction where all or any portion of our Website or Service may violate any legal requirements and you agree not to access our Website or Service in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.
This Agreement constitutes the entire agreement between you and West Coast Daily Deals with respect to our Website and Service. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and West Coast Daily Deals with respect to and Website and Service.Ã‚ No modification of this Agreement shall be effective unless it is authored by West Coast Daily Deals or its affiliates, or unless it is physically signed by a West Coast Daily Deals officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.Ã‚ A printed version of this Agreement and/or of any notice given by West Coast Daily Deals in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Website or Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by West Coast Daily Deals in printed form.
Questions About This Agreement
If you have a question about this Agreement, please contact us through the Contact Us page on our Website.