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
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 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.
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
forgoing, you will not post or transmit through this Site any material which:
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
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.
- violates or infringes in any way the rights of others,
is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable,
encourages conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any law, or
contains advertising or any solicitation with respect to products
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
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
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:
A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
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;
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
Information reasonably sufficient to permit CityXpress to contact you, such as
an address, telephone number, and, if available, an electronic mail address;
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
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:
Attn: Chief Operating Officer
1755 West Broadway
Vancouver, BC Canada V6J 4S5
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
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
THE BRINGING OF ANY CLAIM.
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
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.
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
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.
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
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.
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.
"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
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.
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
invalid by a court of competent jurisdiction, such invalidity will not affect
and effect. The failure of either party to exercise any of its rights under
or any other rights provided hereunder.
By using this Site, you agree that all disputes arising out of or in
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
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:
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 the agreement to sell the Voucher on CityXpress,
has agreed to these terms and must honour the Purchase Value unless applicable law states otherwise.
Should the merchant be unable to provide the services or goods purchased on
this order because of business failure, or is unwilling to redeem a Voucher that
has not expired according to the conditions and limitations printed on the
voucher, please contact CityXpress at firstname.lastname@example.org
and CityXpress Ltd. shall credit in full the Purchase Value for any unredeemed voucher(s) to the
credit card you used for this transaction within thirty (30) days of your request.
- 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.
- 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.