Coupgon Terms and Conditions

Welcome to Coupgon. If you continue to use this website, services, products, promotions, email, mobile applications, beacon notifications, software applications or our mobile application (“Services”), you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms of Use”) which govern Coupgon’s relationship with you in relation to the Services. Please read these terms and conditions of use carefully before using the Services, software or content available on or through the web site or mobile application. By using the Services, you agree to these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use the Services.

The term ‘Coupgon’, ‘we’, ‘our’ or ‘us’ refers to Coupgon Inc. The term ‘you’ or ‘your’ refers to you, the user or viewer of the Services. If you are under 13 years of age, then please do not use or access the Services at any time or in any manner, or submit any information us.

The content of the pages of the Services is for your general information and use only. It is subject to change without notice. The use of the Services is subject to the following terms of use:

PRIVACY
Coupgon considers protecting your personal information very important, and has developed a privacy policy describing our information collection policies and practices, which is incorporated into this Terms of Use by reference as if set forth in its entirety herein. You agree that our privacy policy is applicable to your use of the Services. For use of our mobile application, you will be asked to agree to our End User License Agreement (“EULA”). If you disagree with any part of these terms and conditions, please do not use the Services.

USE OF SERVICES
Access to and use of password protected or secure areas of the Services are restricted to authorized or registered users only. You agree that you will not share your password(s), account information, access to the Services. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Services. You agree to notify us immediately of any unauthorized use of your password(s) or account(s). You agree that we will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You also agree not to access or use the Services in any manner that may damage, disable, unduly burden, or impair any Coupgon networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Services, or any Coupgon networks or systems, or to interfere or attempt to interfere with any Coupgon networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Services, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Services or any Coupgon networks or systems.

REGISTRATION AND ACCOUNT SECURITY
You agree to (a) provide true, accurate, current and complete information about you as may be prompted by the Services; (b) maintain the security of your user name and password; (c) maintain and promptly update information about yourself to keep it true, accurate, current and complete, and any other information you provide us; and (d) accept all risks of unauthorized access to your personal information and any other information you provide to us. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated this Terms of Use, Coupgon has the right to suspend or terminate your account and refuse any or all current or future use of the Services (or any portion thereof). We are not responsible for any loss you suffer as a result of not keeping your information current.

GRANT OF LICENSE
Coupgon grants to you a limited, non-transferable, non-exclusive right to use and the Services and to view, copy and print portions of the Services for purposes of personal use only. Under this license, you MAY NOT (i) distribute the Services or publish the Services for others to copy; (ii) use the Services for any purpose other than personal use; (iii) modify the Services, (iv) work around any technical limitations in the Services, (v) reverse engineer, decompile or disassemble the Services, except and only to the extent that applicable law expressly permits, despite this limitation. Any attempt to do so is a violation of the rights of Coupgon and its licensors. If you breach this restriction, you may be subject to prosecution and damages. Except as expressly permitted above, any use of any portion of the Services without the prior written permission of Coupgon is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason by Coupgon. You expressly agree to indemnify Coupgon against any liability to any person arising out of your use of the Services not in accordance with this Terms of Use.

CONTENT
Your use of any information or materials provided through the Services is entirely at your own risk, for which we shall not be liable, whether based on warranty, contract, tort (including negligence), or otherwise. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.

The Services contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

As a convenience to users, the Services contains links to independent third-party web sites. You understand and agree that we make no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, quality, content, nature or reliability of such third-party web sites, any information or material on or available through such third-party web sites or the privacy policies or practices of such third-party web sites. You use links to third party web sites at your own risk. Coupgon accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites or web sites linking to the Services. When you leave the Services, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party web site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

OWNERSHIP
Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, logos and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Content”) are the property of Coupgon or its licensors and are protected by Canadian and international copyright laws. All rights to the Content are expressly reserved. Nothing contained in the Services 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 Coupgon or any third party without the prior written permission of Coupgon or such other party that may own such patent, trademark, copyright or other proprietary right(s).

DISCLAIMER
THE SERVICES (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COUPGON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, COUPGON MAKES NO WARRANTY THAT: (A) THE SERVICES, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, TIMELY, OR RELIABLE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY THIRD PARTY SITE. COUPGON SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MA TERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COUPGON OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. COUPGON SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FINANCIAL, MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.

THE PRODUCTS THAT YOU PURCHASE THAT ARE ASSOCIATED WITH COUPGON OR BEACON NOTIFICATION OFFERS ARE NOT SOLD OR ENDORSED BY US, AND WE HAVE NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE YOU MAY SUFFER FROM PURCHASING OR USING THEM. COUPGON IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

LIMITATION OF LIABILITY
IN NO EVENT SHALL COUPGON AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SERVICES, OR CONTENT PROVIDED ON OR THROUGH THE SERVICES, EVEN IF COUPGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF COUPGON AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SERVICES, IF ANY.

INDEMNITY
You agree to defend, indemnify and hold Coupgon and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Services.

MOBILE APPLICATIONS
We offer mobile applications to allow use of digital coupons and notifications for use of the Services. If you download and access the Services through our applications, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain applications may be prohibited or restricted by your carrier, and not all applications may work with all carriers or devices. By using the mobile applications, you agree that we may communicate with you regarding the Service by text message, email or other electronic means to your mobile device, in accordance with our privacy policy.

GOVERNING LAW
Your use of the Services and any dispute arising out of such use of the Services shall be construed and governed by the laws of the Province of Ontario. 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.

CONTACT INFORMATION
you have any question regarding these terms and conditions of use, please contact Coupgon by mailing Coupgon at 1183 King Street West, Suite 200, Toronto, Ontario M6K 3C5, Attn: Chief Financial Officer, or by email at [email protected] .

CHANGES TO OUR TERMS AND CONDITIONS, TERMINATION
Notwithstanding any provisions herein, Coupgon reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services; (c) change, modify, add or remove portions of these terms and conditions of use or suspend or discontinue any aspect of the Services; and (d) impose limits on the Services. It is your responsibility to check these terms and conditions of use periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to all such changes. If we decide to change our Terms of Use, we will post those changes on page(s) where these Terms of Use are posted.

LANGUAGE
This Terms of Use shall be interpreted consistent with its English linguistic construction, and all communications between the parties shall be deemed to be conducted in the English language. Les parties aux présentes confirment leur volonté que cette convention soit rédigée en langue anglaise seulement.

These terms and conditions of use were last modified on November 2, 2015.