Terms of Use

CARDlis End User APP Terms of Use

Last updated May 1, 2018

 

Please read these terms and conditions (“Terms”) carefully before accessing the CARDlis APP (the “APP”).

The APP is owned and has been developed by CARDlis Applications Inc. (“CARDlis”). By accessing or using the APP you agree to be bound by the following Terms, which shall apply to all users and others who have access to the APP.

MERCHANT PRODUCTS AND SERVICES

The APP contains links to websites and content, allows users to register for loyalty programs, and facilitates the purchase of products and services, including gift cards, all of which may be operated and controlled by third party merchants (“Merchants”). CARDlis is not an agent of, has no control over, and assumes no responsibility for goods, services, websites, content, privacy policies, practices or programs of any Merchants, including but not limited to their acceptance, transfer or cancellation of gifts cards and loyalty programs, and their compliance with applicable laws. You are responsible for reading the terms, conditions and privacy policies applicable to all Merchants and Merchant websites, content, promotions, programs, products, or services that you access, join, or purchase through the APP. You must contact Merchants directly if you have any questions or concerns regarding their respective terms and conditions, privacy or other policies, promotions, programs or content, and the operation, membership, or ownership of points, gift cards or other programs.

CARDlis shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the receipt, use of, participation in, or reliance on any content, websites, programs, promotions, communications, products or services available from Merchants, even if purchased, accessed, viewed, or received utilizing the APP. CARDlis does not monitor all Merchant content made accessible to users utilizing the APP and does not necessarily endorse the content or views of Merchants accessed, viewed or received as a result of your use of the APP.

NO REPRESENTATIONS OR WARRANTIES

YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP AND ALL CONTENT, PROGRAMS, PRODUCTS AND SERVICES ACCESSIBLE THEREBY ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE PROVIDED BY CARDLIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CARDLIS, ITS AFFILIATES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, INABILITY TO USE THE APP, LOSS OF LOYALTY POINTS OR CREDITS, LOSS OF GIFT CARDS, DEVICE FAILURE OR MALFUNCTION, ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE, THIRD PARTY CONTENT, THIRD PARTY  PRODUCTS OR SERVICES OR OTHER HARM, OR OTHERWISE BE LIABLE TO YOU WITH RESPECT TO YOUR USE OF THE APP. YOUR SOLE REMEDY IS TO CEASE USE OF THE APP. 

THE LIMITATIONS OF LIABILITY CONTAINED WITHIN THESE TERMS SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CARDLIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, IN NO EVENT SHALL CARDLIS, ITS AFFILIATES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION EXCEEDING THE AMOUNT, IF ANY, PAID BY YOU FOR USE OF THE APP OR $100 (CAD), WHICHEVER IS LESS.

SECURITY

CARDlis uses reasonable efforts to ensure that your information is kept safe and secure from accidental loss and unauthorized access, use or disclosure, however, CARDlis cannot guarantee that your information will not be accessed, used or disclosed by unauthorized third parties. By agreeing to use the APP, you agree to accept such risks and to ensure that your account passwords are secure and changed on a regular basis, as well as to ensure that you do not share your password or access the APP using public devices or an unsecured Internet connection.

COMMUNITY CASH

Community Cash is an added benefit to using CARDlis and supporting your local stores.  Any Community Cash points earned are able to be applied towards Gift Cards in the CARDlis network to lower the effective purchase price of a desired card.  CARDlis requires a Minimum of $5 Community Cash to be earned before application towards a Gift Card.  Community Cash is  an average ratio calculated from issued points at Merchant stores.  Your Community Cash balance may change over time as the ratio changes between stores as the network grows; without notification and without purchase authorization on your account.  Points noted as Community Cash are not tied to redemption in store and in no way can they be used towards cash purchases or be applied in any form of credit in a local CARDlis store.  

CARDlis will not be held liable for unauthorized use of Community Cash or any discrepancies noted in a balance, and Community Cash will not be refunded or returned on an accidental purchase or application.

THIRD PARTY WEBSITES AND SERVICES

CARDlis does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party to you through the APP, even if such products or services are only available through the APP, or if promotions regarding such products or services were created by CARDlis or hosted on CARDlis’ servers. CARDlis will not be a party to or in any way monitor any transactions between you and third party providers of products or services. If you decide to access a website or services offered by a third party, you do so at your own risk. You further acknowledge and agree that your use of such third party websites or services is subject to any applicable policies (including but not limited to privacy policies), terms and conditions of use of the third party provider of products or services.

ACCOUNT DETAILS

The APP may display information regarding your account(s) with one or more Merchants based upon information provided by you, and/or information provided by one or more Merchants. Where you have supplied information through the APP, such as a gift or loyalty card balance or number, you represent and warrant that the same is true and correct in all respects, and that the information provided is yours, and not that of another person. It is up to you to provide accurate and complete information, as well as to update any information which is no longer correct.  

If there is an inconsistency between the information provided by you and the information provided by a Merchant, the information provided by the Merchant shall be deemed to be true and correct. At any time you may verify transactions that have been completed, or that are pending completion by CARDlis by accessing the transaction history function within the APP. If after reviewing your transaction history you still believe that there is an error in your account balances or other information, you must contact the Merchant directly to address any inconsistencies.

LOCATION OF AND ACCESS TO SERVICES

The APP is provided by CARDlis from facilities located in Canada. CARDlis makes no representations that the APP is appropriate or available for use other than in Canada. Those who access or use the APP from other jurisdictions do so of their own volition, at their own risk, and are entirely responsible for compliance with all applicable laws and regulations. The APP is solely directed to individuals, companies, or other entities located in Canada.

Certain functions within the APP require access to an Internet connection. If you do not have an Internet connection, you may not be able to utilize all features of the APP. All charges associated with accessing the Internet for the purposes of utilizing the APP, such as mobile data, Wi-Fi, and other charges, shall be at your sole cost and expense and subject to any terms you may have agreed to with your Internet service provider.

AGE RESTRICTION

Only individuals that are 18 years of age or older may use the APP.  If you are younger than 18 you must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms.  Should your parent or legal guardian not acknowledge and agree to these Terms, you must immediately uninstall this APP and discontinue its use.

TERMINATION OF ACCESS

Your CARDlis account or access to one or more of the products, services and programs provided by Merchants through the APP may be terminated upon the happening of any of the following events: (a) you access and utilize the “cancel my account” function within the APP, (b) a Merchant cancels their subscription for CARDlis services, or (c) CARDlis decides, in its sole discretion, to terminate, limit or suspend your access to the APP in whole or in part. CARDlis may terminate, limit or suspend your access to the APP and services provided through the APP without notice or liability, and for any reason whatsoever.

Upon termination of your account, your personal information shall be dealt with in accordance with CARDlis’ Privacy Policy. Certain information may be retained by CARDlis in order to comply with its contractual obligations to individual Merchants and to comply with its data retention policies.

YOUR DATA AND PRIVACY

By using the APP, you acknowledge that your personal information will be used by CARDlis in accordance with its Privacy Policy located at: http://www.cardlisapp.com/PrivacyPolicy.

Information regarding your use of the APP as well as information, data and documents uploaded by you to the APP will be made available to Merchants and others as required for proper performance and functioning of the APP as well as to facilitate your involvement in Merchant programs in which you have enrolled, even if you no longer utilize the APP or terminate your CARDlis account.

CARDlis may also collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the APP. CARDlis may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

You hereby consent to the collection, storage, use and disclosure of information as set out in these Terms and as further set out in CARDlis’ Privacy Policy, and waive any right of privacy or confidentiality you may have.

PROMOTIONS AND NOTIFICATIONS

CARDlis may from time to time publish promotions on behalf of Merchants that are directed to you as a user either within the APP, on the CARDlis website, as a push notification on your device, or through separate communications channels (such as e-mail or text message) using contact information provided by you. You hereby consent to receipt of such notifications and communications, and acknowledge that Merchants on whose behalf the content is published, and not CARDlis, shall be solely responsible for the same. If you would like to opt out of receiving any such notifications and communications, you may do so by adjusting your settings within the APP, or where applicable, by adjusting the notifications settings on your device. If you have any questions regarding a specific promotion or notification, please contact the Merchant named in the promotion or notification as the case may be.

CARDlis Cash is a promotional program managed by Cardlis Applications Inc and carries no cash value except where spent within merchant gift cards listed on the CARDlis APP.  Cardlis holds full rights to modify all and any aspect of the Cardlis Cash program without notice and will be held harmless of any Cardlis Cash credit discrepancies.  CARDlis shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the receipt, use of, participation in Cardlis Cash and will notify users a minimum of 30 days prior to program cancellation.

NON-DISCLOSURE

You shall not disclose your account information, including login ID and password, to any other person. You acknowledge that any use of your account will be considered as being directed by you.  You further acknowledge that you will notify CARDlis immediately and discontinue use of the APP if your account, login ID or password are compromised in any way.

USER CONTENT

The APP permits users to upload photos and other materials or information (“User Content”). You agree that you will not upload User Content to the APP unless you have created that content yourself, or you have permission from the owner of such User Content to do so without restriction or limitation on the part of CARDlis.

For any User Content that you upload to the APP, you grant CARDLIS and its subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order to provide and promote the APP and the business of CARDlis. You retain all rights in your User Content, subject to the rights granted to CARDlis under these Terms. You may modify or remove your User Content using the APP at any time.

You agree not to upload to the APP or otherwise post, transmit, distribute, or disseminate through the APP any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offence or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with CARDlis’s or its partners’ products and services, as determined by CARDlis in its sole discretion; or (f) in CARDlis’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the APP or CARDlis services, or which may expose CARDlis, its affiliates, or users to harm or liability of any nature.

Although CARDlis has no obligation to screen, edit, or monitor any User Content, CARDlis reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the APP, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

INTELLECTUAL PROPERTY

CARDlis is the sole and exclusive owner of all intellectual property rights and other property rights in or to the APP, including any improvements or modifications thereto whether or not created by CARDlis. Your access to the APP does not grant ownership or any security right or title in any intellectual property relating to the APP, including but not limited to any copyrights, trademarks, patents or other rights, whether or not registered, all of which shall remain the property of CARDlis.

By using the APP, you agree that you will not: (a) violate any intellectual property rights that CARDlis has in the APP, reproduce, copy, translate, modify, adapt, create derivative works from, distribute, transmit, transfer, republish, modify, compile or decompile, reverse engineer, display, remove or delete such rights in the APP or any portion thereof, including login and password or user ID, provided by CARDlis; (b) remove, obscure or alter any copyright notice, trademark or other proprietary rights notices contained within the APP; or (c) integrate the APP or share information, including the documents found on the APP with any unauthorized third party.

Subject to your compliance with these Terms, CARDlis hereby grants you a non-exclusive, non-transferable, revocable license to download, install and use the APP on your mobile device, provided that: (i) your use of the APP as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the APP, or in any other manner inconsistent with these Terms; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the APP; (iii) you will not attempt,  or

authorize, encourage, or support others' attempts to reverse engineer, alter or modify any part of the APP; and (iv) you will otherwise comply with these Terms and CARDlis’ Privacy Policy.

TRADEMARKS

CARDlis and the CARDlis logos displayed within the APP are trademarks owned by CARDlis Applications Inc. Other trademarks used within the APP are owned and licensed to CARDlis by third parties. Nothing contained within the APP gives you the right or license to copy or otherwise use any trademark displayed within the APP without the express permission of the owner(s) thereof.

INDEMNITY

You agree to indemnify and save harmless CARDlis, its affiliates and subcontractors, as well as their respective officers, directors and employees for and against any and all claims, damages, losses and expenses (including but not limited to all disbursements and reasonable legal costs) made by any third party due to or arising out of your breach of these Terms, your use of the APP, or your breach of any law or the rights of a third party.

RELEASE

If you have a dispute with one or more Merchants, you release CARDlis (and its affiliates and subcontractors, as well as their respective officers, directors and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, and to the extent permitted by law, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

SURVIVAL

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, representation and warranty disclaimers, indemnity and release provisions, and limitations of liability.

SEVERABILITY

If any provision of this contract is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of that provision or part thereof in any other jurisdiction.

GOVERNING LAW AND JURISDICTION

The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the APP and the interpretation of these Terms. The courts of the Province of Alberta, sitting at Lethbridge, Alberta, and without regard to their conflicts of laws provisions, shall have exclusive jurisdiction over any dispute arising out of your use of the APP. Regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta. You expressly undertake and agree to not commence or pursue any action by way of trial by jury, class action or similar proceeding. Notwithstanding the foregoing, nothing in these Terms will prevent CARDlis from seeking injunctive or equitable relief or remedies against you from any court of competent jurisdiction.

NO WAIVER

No waiver of any of the provisions of these Terms shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

UPDATES

The APP may be updated from time to time by CARDlis. Depending on your device settings, this may result in the APP being automatically updated. If you would prefer not to receive automatic updates to the APP, please disable the automatic update feature on your device by changing your user settings.

CONTACT US

You may contact us concerning any question about the APP or the services we provide by sending an e-mail to info@cardlis.com. We will do our best to address your inquiry promptly.

AMENDMENTS

CARDlis may terminate or amend these Terms at any time by posting revised Terms that are easily accessible to users within the APP. All users of the APP are bound by these Terms, including any amendments, and should therefore periodically review these Terms and any changes to these requirements. Your continued use of the APP following the posting of any changes constitutes your acceptance of such modifications.

Upon clicking the “I Agree” button below these Terms shall become a legally binding contract between you and CARDlis.