Kijiji Daily Deals Terms of Service.
Last updated: 2/28/2013

Welcome! By using Kijiji Daily Deals and purchasing vouchers, coupons, or other offers for goods and services ("Vouchers") from third party vendors ("Vendors") available through this service, you agree to the following terms and conditions of Kijiji Daily Deals ("Daily Deals Terms") and the Kijiji Terms of Use and Privacy Policy that are incorporated by reference herein. Please review these Daily Deals Terms and the general Kijiji Terms of Use carefully before using the services made available here ("Services") and purchasing the Vouchers advertised here. (Some Vouchers may be provide free of charge by Vendors and the term ÒpurchaseÓ as used in these Daily Deals Terms means to obtain, accept, or acquire, in any fashion, with or without an initial purchase.)

Your Account and Kijiji Daily Deals Profile

Before using any of the Services, you will need to register by creating an account with us.

If you choose to create a Kijiji Daily Deals account or profile, you agree to provide only accurate and complete registration information, and you are responsible for keeping that information up-to-date. You are also responsible for preventing unauthorized use by any other person or entity using your registration information.

After you register, Kijiji Daily Deals will issue you a personalized and individual account number (an "User ID"). Please let us know immediately if you become aware that your User ID is being used without permission. We reserve the right to block, restrict, suspend, or terminate your access to the Services in our sole and absolute discretion.

Rules Regarding Information and Other Content

You may be exposed through Kijiji Daily Deals to content that violates our policies or is otherwise offensive. We may, but are not obligated to, remove content if we determine or suspect that such content violates these Daily Deal Terms, or the Kijiji Terms of Use or policies incorporated by reference herein. However, we take no responsibility for your exposure to Kijiji Daily Deals content whether it violates our policies or not. You waive any claim to damages flowing from the viewing or downloading of offensive material on Kijiji Daily Deals.

We wish to make Kijiji Daily Deals a good experience for all of our users. In addition to the prohibitions contained in the Kijiji Terms of Use, you agree not to do any of the following bad things:

• Conduct or promote any illegal activities;
• Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables the Services;
• Attempt to gain access to secured portions of the Services to which you do not possess access rights;
• Use the Services to generate unsolicited email advertisements or spam; or
• Impersonate another person.

How This Works

We allow access to, or advertise the goods and services of, certain Vendors from which you may purchase goods, services or Deals (as defined below). To be clear, we do not operate or control the products or services offered by Vendors. Vendors are fully responsible for all aspects of order processing, fulfillment, billing and customer service related to the products and services they offer to you here. We are also not a party to the transactions entered into between you and Vendors. Vendors and other advertisers, not us, are also responsible for ensuring that advertisements and other materials submitted for inclusion on Kijiji Daily Deals are accurate and comply with applicable laws.

We provide you with opportunities to obtain products and services from Vendors in your area at discounts (a "Deal"). Vendors control and select the terms of the Deal that they are willing to provide to a certain number of people. Most Deals stipulate some initial requirements, such as a minimum number of participants (i.e. users that have registered for the Deal) before we advise you and other users that have ordered the Deal that it has been confirmed.

By placing an order for a given Deal, you make an offer to purchase the Deal(s) you have selected on the Vendor's terms, restrictions and conditions associated with the Deal (collectively the "Restrictions"), subject to the initial requirements for that Deal being met. The Deal is not confirmed until we notify you via email that the stated initial requirements (such as the minimum number of participants) have been met for a given Deal. We will then notify you once the Deal is confirmed, provide you with a copy of the Deal terms and conditions, and charge you once the initial requirements are met. You may revoke/cancel your order at any time prior to the notification being sent to you that the Deal has been confirmed and the initial terms have been satisfied. However, if initial requirements for that Deal are not met (i.e. the number of users signing up for the Deal) are not met, you cannot claim damages from Kijiji Daily Deals for lost opportunity or damages arising from the initial conditions not being met as these are not under our control. You will not be billed for Deals that fail to be confirmed.

As we said before, you are required to create an account in order to purchase any Deal. This is required so that we can provide you with easy access to print your Vouchers, view your past purchases, modify your preferences, and to ensure permissible use of the Deal.

Kijiji Daily Deals will provide a refund of the purchase price paid by you for any Deal within seven days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After seven days, and up 60 days, we will provide credit refunds of the purchase price of a Voucher, provided that the Voucher has not yet been redeemed. We do not provide refunds except that we will provide a credit of the purchase price if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business. We do not refund or credit expired Vouchers.

Each Deal has specific rules associated with the Deal. The following rules apply to specific types of Deals.

1. Special Terms and Conditions for Restaurant Deals

• Vouchers provided for a restaurant(s) have no cash value. They are to be used at the restaurant(s) specified, within the terms and restrictions indicated when you purchase the Deal.
• You will not receive any cash back upon redemption or at any other time, unless required under applicable law.
• All restaurant Deals are limited to a maximum use as indicated on the Deal terms. For example, the maximum amount of Deals to be used by any given party may be limited to a certain dollar amount or number of patrons.
• Restaurant Deals may only be redeemed beginning on next day after featured or as otherwise set out in the Deal.
• Use of restaurant Deals for alcoholic beverages is at the sole discretion of the restaurant, unless otherwise noted in the Deal. The restaurant agrees to comply with all provincial or other laws pertaining to the same.
• Restaurant Deals cannot be combined with any other restaurant certificates, third party certificates, coupons, or promotions unless otherwise noted in the Deal.
• Restaurant Deals cannot be used for taxes, tips or prior balances owing.
• None of Kijiji, the Vendor nor the restaurant is responsible for lost or stolen Vouchers or restaurant certificate reference numbers.
• Reproduction, sale or trade of a restaurant Voucher is prohibited unless done in compliance with the law, and any terms or conditions applicable to the Deal.
• Any attempted redemption by you not consistent with these terms and conditions will render the Deal void.
• Subject to applicable law, the expiration date on the Voucher stipulates the last date on which you can use your Voucher for the promotional offer made by the Vendor on Kijiji Daily Deals. After this expiry date, unless otherwise stipulated by the Vendor and subject to applicable law, you may still redeem the Voucher at the applicable Vendor, for the cash price you paid for it (the "Paid Value"). For example, if you paid $50 for a Voucher that may be applied against the purchase of goods or services valued, at the time of redemption, at $100 (the "Promotional Value"), then the Paid Value of the Voucher is $50, not $100. After the expiry date on the Voucher, you will be able to redeem it only for its $50 Paid Value in goods or services, and not for its $100 Promotional Value. Applicable law may require the Vendor to honour the Promotional Value of the Voucher after the expiry date stated on the Voucher. If you have an expired Voucher and would like to determine if it can be redeemed for the Paid Value, please contact the Vendor directly.
• Lastly, other restrictions may be noted within the Deal.

To be clear, the restaurant is the holder and issuer of a restaurant Deal. As a holder and issuer of the Deal, the restaurant, not Kijiji Daily Deals, is and will be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you caused in whole or in part by the restaurant, as well as for any unclaimed property liability arising from unredeemed Vouchers. To the extent permitted by applicable law, restaurant Deals are redeemable in their entirety only and may not be redeemed incrementally. By purchasing a Deal, you acquire the right to print a restaurant Voucher issued by any one of the numerous participating restaurants and Vendors when you complete the transaction. Whether you choose to print the Deal and redeem the Voucher is at your sole discretion. Whether you choose to use the restaurant Deal after printing the applicable Voucher to get a reduction in price of a meal is up to you. Kijiji Daily Deals and the participating restaurants and Vendors encourage you to print the Vouchers and use them at the selected restaurants and Vendors in accordance with the terms and conditions contained therein.

2. Terms and Conditions for General Vendor Deals

• Vouchers provided for a Vendor other than a restaurant have no cash value. They are to be used at the Vendor indicated within the terms and restrictions indicated when you purchase the Deal.
• You will not receive any cash back upon redemption or at any other time or as otherwise set out in the Deal, unless required under applicable law.
• Deals may only be redeemed beginning on next day after featured or as otherwise set out in the Deal
• Deals may be applied only to merchandise sold by Vendor, and may not be applied to shipping or handling charges unless otherwise noted.
• The issuing of credit is at the sole discretion of the Vendor unless otherwise required by law.
• None of Kijiji, the Vendor or its participating stores is responsible for lost or stolen Vouchers or Voucher's reference number.
• Deals cannot be combined with any other gift certificates, third party certificates, coupons, or promotions.
• Reproduction, sale or trade of any Voucher is prohibited unless done in compliance with the law, and any terms or conditions applicable to the Deal.
• Any attempted redemption by you not consistent with these terms and conditions will render the Deal null and void.
• Subject to applicable law, the expiration date on the Voucher describes the last date that you can use your Voucher for the promotional offer made by the Vendor on Kijiji Daily Deals. After this expiry date, unless otherwise stipulated by the Vendor and subject to applicable law, you may still redeem the Voucher at the applicable Vendor, for the cash price you paid for it (the "Paid Value"). For example, if you paid $50 for a Voucher that may be applied against the purchase of goods or services valued, at the time of redemption, at $100 (the "Promotional Value"), then the Paid Value of the Voucher is $50, not $100. After the expiry date on the Voucher, you will be able to redeem it only for its $50 Paid Value in goods or services, and not for its $100 Promotional Value. Applicable law may require the Vendor to honour the Promotional Value of the Voucher after the expiry date stated on the Voucher. If you have an expired Voucher and would like to determine if it can be redeemed for the Paid Value, please contact the Vendor directly.
• Lastly, other restrictions may be noted within the Deal.

The holder and issuer of a Vendor Deal is the Vendor. As a holder and issuer of the Deal, the Vendor, not Kijiji Daily Deals, is and will be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you caused in whole or in part by the Vendor, as well as for any unclaimed property liability arising from unredeemed Vouchers. To the extent permitted by applicable law, Vendor Deals are redeemable in their entirety only and may not be redeemed incrementally. By purchasing a Deal, you get the right to print a Vendor Voucher, issued by any one of the numerous participating Vendors when you complete the transaction. Whether you choose to print the Voucher and redeem the Deal is at your sole discretion. Whether you choose to use the Vendor Voucher after printing it to get a reduction in price of a good is up to you. Kijiji Daily Deals and the participating Vendors encourage you to print the Voucher and use them at the selected Vendors in accordance with the terms and conditions contained therein.

Promotions of the Deal Program

From time to time Kijiji Daily Deals may offer special promotions, contests and/or skill testing sweepstakes (each a "Promotion") intended to provide you with an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on Kijiji Daily Deals in or near the description of each Promotion and prior to entering the Promotion you will be asked to acknowledge that you have read the rules and agree to them.

Disclaimers of Warranty Your use of Kijiji Daily Deals is at your sole risk and access is provided to you on an "as is" basis.

To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all representations, warranties and conditions, express or implied, in connection with Kijiji Daily Deals and your use of the Services. We make no warranties or representations about the accuracy or completeness of content on Kijiji Daily Deals or the content of any sites linked to this site and we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Kijiji Daily Deals, (iii) fulfillment of the terms of any Deal offered by any Vendor (which is the sole responsibility of the applicable Vendor); (iv) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (v) any interruption or cessation of transmission to or from Kijiji Daily Deals, (vi) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Kijiji Daily Deals by any third party, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Kijiji Daily Deals.

To be clear, Kijiji Daily Deals does not represent, warrant, endorse, guarantee, or assume any responsibility for any product or service advertised or offered by a third party here or through any hyperlinked site or featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party Vendors of products or services. As with the purchase of a product or service through any medium or in any environment, please use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event shall we, our officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies on Kijiji Daily Deals, (ii) any failure on the part of any Vendor to properly fulfill the terms of any Deal offered by any Vendor; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Kijiji Daily Deals, (iv) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (v) any interruption or cessation of transmission to or from Kijiji Daily Deals, (vi) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Kijiji Daily Deals by any third party, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via Kijiji Daily Deals, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Additionally, we will not be liable for any damages arising from the transactions between you and third party Vendors or for any information appearing on Vendor sites or any other site linked to our site. In no event will we be liable to you or any third party in connection with any act or omission of any Vendor.

We reserve the right, but have no obligation, to monitor, or take any action that we think appropriate regarding disputes that you may have with other users of our site. To the extent the law permits, you release us from any claims or liability related to any content posted on Kijiji Daily Deals and from claims related to the conduct of any other customers of ours.

These limitations of liability apply regardless of the nature of any claim, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not we are advised of the possibility of such damages.

Change/Termination

We may change or discontinue Kijiji Daily Deals or any of the Services at any time without prior notice. We reserve the right to amend or terminate these Daily Deals Terms at our sole discretion and for any reason, without prior notice. These Daily Deals Terms will automatically terminate in the event that you violate any of the terms and conditions described here.

Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to Kijiji Daily Deals; (ii) your violation of any term of these Daily Deal Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. These defense and indemnification obligations will survive any termination of these Daily Deal Terms and your use of Kijiji Daily Deals.

Your sole remedy for any claims arising in connection with these Daily Deals Terms is to discontinue using Kijiji Daily Deals and Services. If a court determines that this is unenforceable, the aggregate liability of Kijiji Daily Deals to you for all claims will not exceed the greater of (a) all amounts paid by you in connection with Kijiji Daily Deals within the last twelve (12) months, and (b) one hundred dollars (CDN$100.00).

Intellectual Property Issues

Kijiji Daily Deals and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trade-marks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Daily Deals Terms. Other product and company names that are mentioned on Kijiji Daily Deals or provided as part of the Services may be trade-marks of their respective owners. We reserve all rights that are not expressly granted to you in these Daily Deals Terms.

Contacts

If you have any questions regarding these Daily Deals Terms, please contact us.