These POPcodes Consumer Terms of Service are a legal agreement between 1454339 Alberta LTD, doing business as POPcodes (“POPcodes,” “we” or “us”) and you, the user of the POPcodes service (“you”). By using the POPcodes service, you agree to be bound by these terms and conditions.
The POPcodes service (“POPcodes ”) is technology that makes it easier for merchants on the Internet (“Merchants”) to connect actions and transactions by individuals like you to merchants with physical locations for order pick-up and offer redemption for example.
When you use on the website of a Merchant that has POPcodes enabled, we will ask you if you’d like us to remember you. When you allow us to remember you, POPcodes will store certain identifying information, such as a passcode, your email address, your mobile phone number (“POPcodes Credentials”). The advantage of remembering you is that it will make your quicker and easier if you come back to the same website, or to any of the other websites that use POPcodes (a “ Enabled Site”)–this can be especially handy when you’re on a mobile device.
If you send us text messages, or have us send you one, don’t forget that your carrier might charge you for that.
POPcodes is a way of storing your Credentials, but it doesn’t change anything else about your relationship with the online Merchant or publisher nor the merchant with a physical location. You are ultimately responsible for the transactions and offers you connect to your POPcodes Credentials. Also, the Merchant is the one responsible for providing you the goods or services that you purchase (or offers that you wish to redeem) using POPcodes , not POPcodes.
If you want to delete your POPcodes Credentials, stop storing information using POPcodes , or change your settings, you can send an email to <a href="mailto:support@POPcodes.com">support@POPcodes.com</a>.
Representations and Warranties.
By using POPcodes you represent and warrant that you are at least 18 years of age and that you will not use POPcodes for any fraudulent, unlawful or abusive purpose.
POPcodes , INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH POPcodes , ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, POPcodes, ITS AFFILIATES, AND THEIR AGENTS, MERCHANTS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY POPcodes , OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH POPcodes . EACH DISCLAIMING ENTITY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE DISCLAIMING ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS. THE DISCLAIMING ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, OFFER, OR REWARD PROGRAM ITEM INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS ACCURATE.
Limitations of Liability; Force Majeure
IN NO EVENT SHALL ANY DISCLAIMING ENTITY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE DISCLAIMING ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO these Terms of Service EXCEED $10 CAD Dollars. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
These Terms of Service will be governed by the laws of Alberta, Canada. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Calgary, Alberta, Canada.
Notices and other communications to you may be made by mail, email, postings on the POPcodes Website or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the POPcodes Website. Notice to POPcodes may be made to POPcodes, Inc., Suite 109, 5760 9th Street SE Calgary, AB T2Z 1P1
Modification of Terms of Service
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the POPcodes.
You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of your use of POPcodes or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: Sections 5 through 13.
POPcodes failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. these Terms of Service, including POPcodes’s policies governing POPcodes referenced herein, constitutes the entire agreement between you and POPcodes with respect to the use of POPcodes . these Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than you and POPcodes which each shall be a third party beneficiary of these Terms of Service, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.