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Pretio Interactive - User Terms of Service

These Terms of Use are effective as of August 17, 2016 and were last modified August 17, 2016.

ACCEPTANCE OF TERMS OF USE

PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH COLLECTIVELY FORM A LEGALLY BINDING AGREEMENT ("AGREEMENT" OR "TERMS OF USE") BETWEEN YOU AND PRETIO INTERACTIVE, INC. ("PRETIO INTERACTIVE"). THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS FOR YOUR USE OF PRETIO INTERACTIVE’S REWARD SERVICE AND THE VARIOUS WEBSITES OWNED AND OPERATED BY PRETIO INTERACTIVE, INCLUDING, WITHOUT LIMITATION, THE WEBSITES LOCATED AT WWW.PRETIO.IN, WWW.PRETIOINTERACTIVE.COM AND ANY SUCCESSOR WEBSITE THERETO, AND ANY OTHER FEATURES, CONTENT, APPLICATIONS, OR THIRD-PARTY INTEGRATIONS OFFERED FROM TIME TO TIME BY PRETIO INTERACTIVE IN CONNECTION THEREWITH (COLLECTIVELY THE "SERVICE").

BY USING THE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY STOP ACCESSING OR USING THE SERVICE. BY USING THE SERVICE, YOU HAVE ACCEPTED THE TERMS.

In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Pretio Interactive from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. We reserve the right, in our sole discretion, to revoke or suspend your access to the Service, at any time without notification or liability to you or any other person, and for any reason or for no reason at all.

Permitted Uses

As a condition of your use of this Service, you agree that:

Giving and Receiving Gifts

The Service offers you the opportunity to give and receive electronic gifts (“Gifts”) provided by various third-party businesses (”Merchants”) to be used for the redemption of products and services at the stores or businesses of the Merchants.

You may choose to access a Gift provided to you by clicking on a direct link to the Merchant’s website or you may provide your e-mail address and the Gift will be e-mailed to you. To redeem a Gift, you must follow the redemption instructions on the Gift voucher. No cashbacks or other credit will be provided by Merchants (unless they are required to do so under applicable laws). Please note that once you receive a Gift you will have a limited time period (as stated on the voucher) to access the Gift voucher and redeem the Gift.

Some products or services may be provided by Merchants only in certain geographical areas and jurisdictions. Pretio Interactive therefore reserves the right to exclude the provision of certain Gifts and Gift use to certain geographical areas and jurisdictions.

Pretio Interactive is a service provider for the Merchant identified on the Gift voucher and the Merchant is the sole issuer of the Gift.

Gift vouchers may be subject to expiration dates, minimum purchase requirements, and other terms and restrictions. Promotional values may be cancelled, and restrictions associated with promotional values may be modified, at any time. The promotional values are not transferrable, may not be sold, and cannot be combined with other offers.

The promotional value of a traditional Pretio Interactive Gift Voucher will EXPIRE on the date specified on the voucher, unless prohibited by law.

Merchant Responsibility

Pretio Interactive provides Gifts to be redeemed at the physical businesses or online stores of its Merchants. However, the Merchants are the issuers of the Gifts and the sellers of the products or services for which Gifts and Gift Vouchers can be redeemed. By receiving a Gift and Gift Voucher, the user acquires only the right to redeem the Gift at the business of the participating Merchant in accordance with the terms set out in this Agreement and the terms of the specific Gift. Pretio Interactive does not have any responsibility for the quality of the products or services provided by Merchants, and Pretio Interactive expressly disclaims any and all liability for any direct or indirect damages, costs or other losses related to products or services provided by Merchants to users.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use, and your use of the Service must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. The Service and all Content (as defined below) contained therein are provided only for your own personal, non-commercial use. This means you cannot take Content and repost or redistribute that Content anywhere else. For purposes of these Terms of Use, the term "Content" includes, without limitation, any videos, audio clips, written forum comments, information, data, text, promotional or gift card codes, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Pretio Interactive or its Merchants (as defined below) or partners on or through the Service. You may not use the Service to sell a product or service, or to increase traffic to your own website for commercial reasons, including, but not limited to, directing users to advertisements on your site. If you want to make commercial use of the Service you must enter into a separate written agreement with Pretio Interactive to do so in advance.

Modification of Terms of Use

Pretio Interactive reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Pretio Interactive may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Ownership of the Site

The content and information of the Service as well as the infrastructure used to provide it, is proprietary to Pretio Interactive and/or our Merchants (as defined below) and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from, through or in any way connected to the Service.

Privacy and Privacy Settings

You agree and acknowledge that the information that you submit to Pretio Interactive is submitted for the purpose of making the Service available to you. We designed our Privacy Policy to disclose to you how we collect, use, and protect your personal information. We encourage you to read the Privacy Policy to help make informed decisions when using the Service. The Privacy Policy is incorporated into and forms part of this Agreement by reference.

Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be and are not responsible for, the security of information that you choose to communicate with Pretio Interactive or submit through the Service while it is being transmitted. In addition, Pretio Interactive is not responsible for any data lost during transmission.

If a Merchant or venue refuses to honor any voucher, Pretio Interactive will refund the amount paid upon request in the original form of payment. In order to receive such credit, you must provide the following information, in writing, to support@pretiointeractive.com:

Third Party Sites

The Service may re-direct you to the websites of our Merchants or other websites or resources on the Internet. When you access third party websites, including the websites of our Merchants, you do so at your own risk. Pretio Interactive is not responsible for and does not endorse any such third-party content or services. These other websites are not under Pretio Interactive's control, and you acknowledge that Pretio Interactive is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Pretio Interactive or any association with its operators, or any third-party service providers, products, services, opinions, or websites accessed through the Service. You further acknowledge and agree that Pretio Interactive 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 use of or reliance on any such Content, goods or services available on or through any such website or resource.

Termination

This Agreement will become effective between you and Pretio Interactive from the moment you use the Service or open or select a Gift. Should you be dissatisfied with the Service, Pretio Interactive or the content on the Service, you should cease to use the Service immediately. However, we may retain any information you have submitted for our records in accordance with our Privacy Policy.

Pretio Interactive reserves the right to change or discontinue the Service at any time without prior notice. Pretio Interactive also reserves the right to terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your access. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Any Gift and Gift Voucher issued prior to termination will be honored in accordance with the terms applicable to that specific Gift and the terms in this Agreement, except in cases where Pretio Interactive is entitled to cancel or remove a Gift or in cases involving fraud or other unlawful activities.

Electronic Communications

The communications between you and Pretio Interactive are done by the use of electronic means, whether you visit the website, send us email, or whether Pretio Interactive posts notices on its website or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Pretio Interactive in electronic form and (ii) agree that all terms and conditions, agreements, notices, disclosures and other communications that Pretio Interactive provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Integration and Severability

The Terms of Use are the entire agreement between you and Pretio Interactive with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pretio Interactive with respect to the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, PRETIO INTERACTIVE AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NONE OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE SHOULD BE INTERPRETED AS ADVICE OR AS AN ENDORSEMENT OF ANY PLACE, ACTIVITY, EXPERIENCE, BUSINESS OR PRETIO INTERACTIVE. YOU BEAR SOLE RESPONSIBILITY FOR ALL DECISIONS AND RESULTS BASED ON YOUR USE OR RELIANCE ON SUCH INFORMATION.

Limitation of Liability

IN NO EVENT SHALL PRETIO INTERACTIVE, NOR ITS DIRECTORS, EMPLOYEES, OR PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

You agree that the Service contains Content specifically provided by Pretio Interactive or its Merchants and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree that you have no license or right to use Pretio Interactive's and/or its Merchants licensors' trademarks, copyrights, patents, trade secrets, Content and other intellectual property rights (collectively, "Intellectual Property"), except in connection with your use of the Service to the extent authorized by these Terms of Use, if at all. The Intellectual Property may not be used in connection with any product, service, publication or website of you or any third party without Pretio Interactive’s express written permission, or in any manner that disparages or discredits Pretio Interactive.

You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.

You may, to the extent the Service expressly authorizes you to do so, download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Pretio Interactive grants you a limited, non-exclusive, non-sub-licensable and non-transferable license to access and use the Service and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Use, reproduction, modification, distribution, copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Pretio Interactive, or from the copyright holder identified in such Content's copyright notice.

If you violate any of these provisions regarding the Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You further agree that in the event of any actual or threatened breach of this section, Pretio Interactive shall be entitled to preliminary and permanent injunctive relief, in addition to damages, and you hereby waive any objection in such case to an adequate remedy at law.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Pretio Interactive agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Victoria, BC, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent and attorn to exclusive jurisdiction of the Courts of the Province of British Columbia. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this Dispute Resolution section.

Contact

If you have any comments or questions regarding Pretio Interactive, or you want to report a malfunction or problem, please email support@pretiointeractive.com or send us mail to our postal address of Pretio Interactive, 1124 Vancouver St, Victoria, BC V8V Attn: User Care.