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Terms and Conditions


Terms of Use ACCEPTANCE OF TERMS OF USE
By using the cityxpress.com website (the "Site"), you agree with CityXpress Ltd. (referred to herein as "CityXpress"), operator of the Site, to abide by these terms and conditions (the "Terms of Use").

1. Description of Services
The Site periodically (typically daily) offers for sale vouchers ("Vouchers") which may be exchanged for goods and/or services at participating merchants or service providers (collectively, "Merchants" and each a "Merchant"), where the price payable for any particular Voucher depends upon the number of Site users that have agreed to purchase a Voucher of that type and the price which they have agreed to pay for such a Voucher (each such offer to sell Vouchers under such a system referred to as a "Premier Deal"). The Site also provides other content and activities including business directories and reward points systems.

2. Modified Terms.
CityXpress reserves the right at any time to alter or replace these Terms of Use and/or our Privacy Policy in our discretion, including the implementation of new fees or charges. If CityXpress makes any substantial changes, we will notify you by posting notice of the change on the Site and/or sending an e-mail to the e-mail address that is registered with your account. Use of the Site after such posting or email will constitute acceptance of the revised terms.

3. Equipment.
You will be responsible for obtaining, maintaining and paying all charges and costs relating to any telephone, computer hardware and other equipment and services needed to access and use the Site.

4. Site User Conduct.
You will be responsible for protecting the confidentiality of your password(s), if any.
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of CityXpress, and CityXpress will not be responsible for any data lost while transmitting information on the Internet. While it is CityXpress' objective is to make the Site accessible at all times, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of CityXpress, access to the Site may be interrupted, suspended or terminated from time to time. CityXpress will not be liable for any damage to your equipment resulting from the use of this Site.
CityXpress will have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, reward points, hours of availability and equipment needed for access or use. Further, CityXpress may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, and may eliminate reward points and may change transmission speeds or other signal characteristics.
All interactions on this Site or any merchant-specific, location-specific or other sites now or in future contained within or otherwise available through hyperlinks within the Site (the "Subsites") must comply with these Terms of Use and conform to all applicable laws. Without limiting the forgoing, you will not post or transmit through this Site any material which:
  1. violates or infringes in any way the rights of others,

  2. is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,

  3. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or

  4. contains advertising or any solicitation with respect to products or services.
Any conduct by you that in CityXpress' absolute discretion restricts or inhibits any other user of the Site from using or enjoying this Site and/or any Subsite is strictly prohibited.
You will not use this Site or any Subsite to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site or the Subsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with CityXpress.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of CityXpress, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each will have the right to assert and enforce such provisions directly or on its own behalf.

5. Copyright and Trademarks.
All content located on the Site, including the Subsites, is owned by CityXpress or used with express permission of the copyright and/or trademark owner. ANY TRANSMISSION, POSTING, COPYING, DISTRIBUTION, LINKING, DEEP LINKING, OR MODIFICATION OF THIS SITE OR ANY OF THE SUBSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF CITYXPRESS IS STRICTLY PROHIBITED EXCEPT AS EXPRESSLY PERMITTED BY RELEVANT LAWS.
This Site and the Subsites contain copyrighted material, trademarks and other proprietary information, including but not limited to, text, photos, video, graphics, music, sound and software, and the entire contents of the Site are protected by copyright as a collective work under the copyright laws of Canada, the United States of America, and other jurisdictions. CityXpress owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the original content itself. You may not participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Trademarks that are located within or on the Site or a Subsite otherwise owned or operated in conjunction with CityXpress will not be deemed to be in the public domain but rather the exclusive property of CityXpress, unless under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of CityXpress unless otherwise stated.
You will not upload to, post on or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Subsite, you warrant that the owner of such material has expressly granted CityXpress the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Site users to access, view, and store or reproduce the material for such Site users personal use. You hereby grant CityXpress the right to edit, copy, publish and distribute any material you make made available on this Site or any Subsite.
The foregoing provisions of Section 5 apply equally to and are for the benefit of CityXpress Ltd., its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each will have the right to assert and enforce such provisions directly or on its own behalf.

6. Copyright Policy.
CityXpress reserves the right to terminate any Site user's right to use the Site if such Site user (including you) infringes third-party copyright rights.
If you believe that your copyrighted work (or the copyrighted work of an owner for whom you are an agent) has been copied and posted via the Site or any Subsite in a way that constitutes copyright infringement and you wish for such material to be removed, you must provide to CityXpress, at the address set out further below:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work you claim is being infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CityXpress to locate the material;

  4. Information reasonably sufficient to permit CityXpress to contact you, such as an address, telephone number, and, if available, an electronic mail address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Provide this information to:
CityXpress Ltd.
Attn: Chief Operating Officer
Suite 200
1755 West Broadway
Vancouver, BC Canada V6J 4S5
support@CityXpress.com

7. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND THE SUBSITES IS AT YOUR SOLE RISK. NEITHER CITYXPRESS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY SUBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY SUBSITE, OR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE SUBSITES.
THIS SITE AND THE SUBSITES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITYXPRESS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability.
IN NO EVENT WILL CITYXPRESS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS OF USE. IN NO EVENT WILL CITYXPRESS'S LIABILITY TO YOU IN CONNECTION WITH A PREMIER DEAL EXCEED THE AMOUNT PAID BY YOU TO CITYXPRESS IN RELATION TO SUCH CITYXPRESS, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE AND/OR THESE TERMS OF USE WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

9. Monitoring.
CityXpress will have the right, but not the obligation, to monitor the content of the Site and any Subsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with these Terms of Use and any operating rules established by CityXpress, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, CityXpress will have the right, but not the obligation, to remove any material that CityXpress, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Privacy.
You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read your communications without your knowledge. CityXpress does not control or endorse the content, messages or information found in any Community, and, therefore, CityXpress specifically disclaims any liability concerning the Communities and any actions resulting from Site users' (including without limitation your) participation in any Community, including any objectionable content. Generally, any communication which you post to CityXpress (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by CityXpress as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site or any Subsite, you grant CityXpress the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation. For more information see CityXpress' Privacy Policy.

11. License Grant.
By posting communications on or through this Site or any Subsite, you will be deemed to have granted to CityXpress a royalty-free, perpetual, irrevocable, non-exclusive license to reproduce, use, distribute, modify, publish, edit, translate, perform, and display the communication alone or as part of other works in any form, medium, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

12. Indemnification/Release.
You agree to defend, indemnify and hold harmless CityXpress, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you in connection with the Site or any Subsites.
You are solely responsible for interactions with Merchants and other users of the Site or Subsites. To the extent permitted under applicable laws, you hereby release CityXpress from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including any Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

13. Termination.
CityXpress may terminate your right to use the Site at any time. Without limiting the foregoing, CityXpress will have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which CityXpress, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 2, 4, 5, 6, 7, 8, 10, 11, and 12 will survive termination of your right to use the Site.

14. Trademarks.
"CityXpress" is a trademark of CityXpress Ltd., Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners.

15. Third-Party Content.
CityXpress, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Site users, and therefore CityXpress has no more editorial control over such content than does a library or newsstand. Any advice, opinions, statements, offers, services or other information or content expressed or made available by third parties, including information providers, or any other Site users are those of the respective author(s) or distributor(s) and not of CityXpress.CityXpress neither endorses nor is it responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized CityXpress spokespersons while acting in official capacities. Under no circumstances will CityXpress be liable for any loss or damage caused by any Site user's reliance on information obtained through CityXpress. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through CityXpress.
The Site may contain links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by CityXpress of the contents on such third-party sites, and CityXpress hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

16. Miscellaneous.
These Terms of Use, including the Voucher Sale Terms set forth below (which are incorporated into these Terms of Use), and any operating rules for the Site established by CityXpress, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and will be of no legal force or effect. If any provision of these Terms of Use is held invalid by a court of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of these Terms of Use will continue in full force and effect. The failure of either party to exercise any of its rights under these Terms of Use will not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
17. Arbitration.
By using this Site, you agree that all disputes arising out of or in connection with these Terms of Use, your use of the Site, or in respect of any defined legal relationship associated therewith or derived therefrom, will be referred to and finally resolved by arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre, and arbitration will be by a single arbitrator, in the English language. The case will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration will be Vancouver, British Columbia, Canada.

VOUCHER SALE TERMS
All vouchers printed from the Site or any Subsite, or any other website associated with CityXpress are promotional vouchers that may be purchased from participating Merchants through the Site to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through the Site, you make an offer to purchase the Vouchers you have selected on the terms and conditions listed herein. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any Voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.
The Voucher you purchase through the Site is redeemable for goods or services by the Merchant. The Merchant, not CityXpress, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase.
Further (but without limiting the effects of the previous paragraphs), unless the relevant Merchant agrees otherwise in the Merchant's discretion:
  • Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions.

  • Limit one (1) Voucher per redemption. Only one Voucher can be used per order.

  • Any attempted redemption not consistent with these Terms of Use will render the Voucher void.

  • The maximum number of Vouchers (if there is a maximum) available to a single purchaser will be as described in relation to the relevant Premier Deal.

  • Neither CityXpress nor any Merchant is responsible for lost or stolen Vouchers.

  • Reproduction, sale or trade of any Voucher is prohibited unless done in compliance with applicable law.

  • Vouchers may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges or to taxes.

  • The Merchant is responsible for the collection of applicable taxes.

  • Use of Vouchers for alcoholic beverages for Merchants that are restaurants is subject to compliance with applicable law.

  • All purchases of Vouchers for Merchants that are Restaurants may also have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with statutes or codes is the responsibility of the Merchant. CityXpress' sole role in the transaction is as a marketing agent for the relevant Voucher, and the applicability of and compliance with any relevant statute or code is solely determined and performed by the Merchant, and CityXpress has no role in such determination or action on the part of the Merchant.

  • Vouchers for Merchants that are restaurants cannot be used for taxes, tips or prior balances.

  • Vouchers for Merchants that are restaurants are valid only for in-restaurant dining unless otherwise agreed by the Merchant.

  • The issuing of restaurant credit is at the sole discretion of the Merchants that are restaurants unless otherwise required by applicable law.

  • All Vouchers will be subject to any and all terms printed on such Vouchers.

  • No Voucher may be used until the day after the Premier Deal in which it is purchased.

  • These conditions are void to the extent prohibited by law.

The Merchant are the sellers of the goods or services which you are purchasing.
As a holder and issuer of a Voucher, the Merchant will be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release CityXpress and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof.
Each Voucher has two separate parts: (1) the "Purchase Value" which is the amount you paid for the Voucher; and (2) the "Voucher Value" which is the amount you may redeem the Voucher for, as printed below the title on the Voucher. The difference between the Purchase Value and the Voucher Value is called the "Promotional Value".
While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant to receive the Promotional Value of the Voucher (unless expiration of the Promotional Value is prohibited by applicable law in your jurisdiction), the Purchase Value does not expire until it is used or refunded. The Promotional Value expires on the date printed on the Voucher (unless expiration of the Promotional Value is prohibited by applicable law in your jurisdiction). For example, if you paid $25 for a $60 Voucher, the Voucher Value is $60; the Purchase Value is $25 and it does not expire until it is used or refunded; and the Promotional Value is $35 and it expires on the date printed on the Voucher (unless expiration of the Promotional Value is prohibited by applicable law in your jurisdiction).
Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally. Where partial redemptions are required by law, redemptions shall be administered as follows: if you redeem a Voucher for less than the Voucher Value you will only be entitled to a credit or cash from the Merchant equal to the difference between the Voucher Value and the amount you redeemed. Further, you will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 Voucher Value and the amount you redeemed from the Merchant (i.e. $10).
The Merchant, in signing an agreement to sell the Voucher on CityXpress, has agreed to honour the Purchase Value after expiration of the Voucher unless applicable law states otherwise.
Daily Deal Refunds
Within 30 days of your purchase of a Voucher, CityXpress shall issue a refund for any unredeemed Voucher(s) by crediting the Purchase Value to the credit card you used for the applicable transaction within twenty-one (21) days of receipt of your written request.
From the 30th day up until the 90th day after your purchase, CityXpress shall issue a refund for any unredeemed Voucher(s) by issuing a store credit in the amount of the Purchase Value to your user account within twenty-one (21) days of your request, such store credit being able to be applied in full or in part to a future purchase on the Site.
If during the period that a Voucher is active (i.e., has not expired), should the Merchant be unable to provide the services or goods purchased on this order because of business failure or lack of necessary inventory, CityXpress Ltd. shall credit the Purchase Value for any unredeemed Voucher(s) to the credit card you used for the applicable transaction within twenty-one (21) days of your request, or optionally CityXpress may issue a store credit to your user account.
For Vouchers that have not been redeemed prior to expiration, the Purchase Value will be honoured by the Merchant. If the Merchant refuses to honour the Voucher, please contact CityXpress at service@cityxpress.com and we will endeavor to resolve the issue with the Merchant.
Coupon Refunds
CityXpress at its discretion may charge a service fee for the download of Coupons on the Site (the “Download Fee”). The Download Fee is non-refundable.