This is a summary of our terms, conditions and privacy policies. For our complete terms and conditions, please read below and visit our Privacy Policy.
By using this site (the "Site"), you ("you" or the "ToBuy Member") agree to the terms and conditions that we ("ToBuy") have provided. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please refrain from using the Site.
ToBuy reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
1. Definitions.
"ToBuy" provides an interactive online service operated by Anpopo.com Inc. on the World Wide Web of the Internet, consisting of information services, content and transaction capabilities provided by ToBuy, affiliates of ToBuy and other third parties.
2. General.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the ToBuy Member. By using this Site (other than to read this Agreement for the first time), ToBuy Member agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. ToBuy Member shall be responsible for protecting the confidentiality of ToBuy Member's password(s), if any. ToBuy Member acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of ToBuy, and ToBuy shall not be responsible for any data lost while transmitting information on the Internet. While it is ToBuy’s objective is to make the Site accessible 24 hours per day, 7 days per week, 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 ToBuy, access to the Site may be interrupted, suspended or terminated from time to time.
ToBuy shall have the right at any time to change or discontinue any aspect or feature of ToBuy, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, ToBuy may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms.
ToBuy reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon ToBuy's posting thereof. Any use of ToBuy by ToBuy Member after such notice shall be deemed to constitute acceptance by ToBuy Member of such modifications.
4. Equipment.
ToBuy Member shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. ToBuy shall not be liable for any damages to the ToBuy Member's equipment resulting from the use of this Site.
5. ToBuy Member Conduct.
This Site and any individual sites or trader-specific, city-specific, or province-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Flyercenter") are private property. All interactions on this Site and/or the Flyercenter must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all ToBuy Members restrict any and all activity in connection with the use of this Site and the Flyercenter to that which involves lawful purposes only. ToBuy Member shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ToBuy's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an ToBuy Member that in ToBuy's exclusive discretion restricts or inhibits any other ToBuy Member from using or enjoying this Site and/or any of the Flyercenter is strictly prohibited. ToBuy Member shall not use this Site or any of the Flyercenter to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Flyercenter to become users of other on- or offline services directly or indirectly competitive or potentially competitive with ToBuy.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of ToBuy, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks.
Everything located on or in this Site, including the Flyercenter, is the exclusive property of ToBuy, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE FLYERCENTER WITHOUT THE EXPRESS WRITTEN PERMISSION OF TOBUY, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject ToBuy Member to civil and / or criminal penalties. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of ToBuy protected by copyright as a collective work under the Canada copyright laws. ToBuy owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. ToBuy Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. ToBuy Member may download / print / save copyrighted material for ToBuy Member's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ToBuy and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. ToBuy Member acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with ToBuy shall not be deemed to be in the public domain but rather the exclusive property of ToBuy, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of ToBuy, unless otherwise stated.
ToBuy Member shall not upload, post 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. ToBuy does not have any express burden or responsibility to provide ToBuy Member with indications, markings or anything else that may aid ToBuy Member in determining whether the material in question is copyrighted or trademarked. ToBuy Member shall 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, ToBuy Member warrants that the owner of such material has expressly granted ToBuy 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. ToBuy Member also permits any other ToBuy Member to access, view, store or reproduce the material for that ToBuy Member's personal use. ToBuy Member hereby grants ToBuy the right to edit, copy, publish and distribute any material made available on this Site by ToBuy Member.
The foregoing provisions of Section 6 apply equally to and are for the benefit of ToBuy, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability.
TOBUY MEMBER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE FLYERCENTER IS AT TOBUY MEMBER'S SOLE RISK. NEITHER TOBUY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE FLYERCENTER.
THIS SITE AND THE FLYERCENTER ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. TOBUY MEMBER SPECIFICALLY ACKNOWLEDGES THAT TOBUY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH TOBUY MEMBER. IN NO EVENT SHALL TOBUY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE FLYERCENTER AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. TOBUY MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE FLYERCENTER.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER TOBUY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE FLYERCENTER, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE TOBUY MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. TOBUY IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE FLYERCENTER. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY TOBUY. MOREOVER, TOBUY RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, TOBUY, DEEMS UNSUITABLE.
8. Monitoring.
ToBuy shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by ToBuy, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, ToBuy shall have the right to remove any material that ToBuy, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Privacy.
ToBuy Member acknowledges 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 Tobuy member's communications without ToBuy Member's knowledge. ToBuy does not control or endorse the content, messages or information found in any Community, and, therefore, ToBuy specifically disclaims any liability concerning the Communities and any actions resulting from ToBuy Members participation in any Community, including any objectionable content. Generally, any communication which ToBuy Member posts to ToBuy (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 ToBuy as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, ToBuy Member grants ToBuy the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see ToBuy's Privacy Policy.
10. License Grant.
By posting communications on or through this Site, ToBuy Member shall be deemed to have granted to ToBuy a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
11. Indemnification.
ToBuy Member agrees to defend, indemnify and hold harmless ToBuy, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Flyercenter by ToBuy Member.
12. Termination.
ToBuy may terminate this Agreement at any time. Without limiting the foregoing, ToBuy shall have the right to immediately terminate any passwords or accounts of ToBuy Member in the event of any conduct by ToBuy Member which ToBuy, in its sole discretion, considers to be unacceptable, or in the event of any breach by ToBuy Member of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
13. Trademarks.
ToBuy is a trademark of ToBuy, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on ToBuy are the property of their respective owners.
14. Third Party Content.
ToBuy, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and ToBuy Members. Accordingly, ToBuy has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other ToBuy Members are those of the respective author(s) or distributors) and not of ToBuy. Neither ToBuy nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, ToBuy Member, or other user not under contract with ToBuy. ToBuy neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ToBuy by anyone other than authorized ToBuy employee spokespersons while acting in official capacities. Under no circumstances will ToBuy be liable for any loss or damage caused by an ToBuy Member's reliance on information obtained through ToBuy. It is the responsibility of ToBuy Member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through ToBuy.
ToBuy contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by ToBuy of the contents on such third-party sites and ToBuy hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If ToBuy Member decides to access linked third-party Web sites, ToBuy Member does so at its own risk. Unless you have executed a written agreement with ToBuy expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. ToBuy reserves the right to revoke its consent to any link at any time in its sole discretion.
15. Miscellaneous.
This Agreement and any operating rules for ToBuy established by ToBuy 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 shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
ToBuy's headquarters are in Toronto, Ontario. Legal issues arising out of, but not exclusive to the use of, this Site or the Flyercenter (unless otherwise specifically stated) are governed by and in accordance with the laws of the Ontario (exclusive of its rules regarding conflicts of laws). By using this Site, ToBuy Member agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by arbitration in Toronto, Ontario.
II. TERMS OF SALE
By placing an Order, you make an offer to us to purchase the vouchers you have selected on the terms and conditions stated below. For more information, please view our privacy policy.
You are required to create an account in order to purchase any product. 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 product.
The ToBuy you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Trader." The Trader, not ToBuy, is the seller of the goods and services and is solely responsible for redeeming any ToBuy you purchase. ToBuy sells a voucher that can be redeemed in connection with your purchase of the goods or services from Trader.
1. Terms and Conditions for Restaurant-Specific Certificates
For this section, Restaurant shall be defined as a trader who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of ToBuy vouchers.
3. Additional Terms and Conditions for All ToBuy Products
All vouchers printed from the ToBuy website or any website associated with ToBuy (hereinafter “Vouchers”) are promotional vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of ToBuy and the participating Restaurant or trader. The Trader is the seller of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the restaurant. The holder and issuer of a Trader Voucher is the trader. As a holder and issuer of the Voucher, the restaurant or trader shall 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 restaurant or the trader, as well as for any unclaimed property liability arising from unredeemed Vouchers. Restaurant-Specific Vouchers and Trader Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
According to the laws of the respective provinces in which you purchased your ToBuy, and in which you wish to redeem your ToBuy at the Trader, the Trader is responsible for allowing you to redeem your ToBuy for the cash value based on the money you actually paid for your ToBuy (i.e. if you paid $20 for a ToBuy which gives you $50 of value to the Trader, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the ToBuy. While the expiration date on the ToBuy dictates the last date that you can use your ToBuy at Trader for the promotional offer which is stated on the ToBuy, province laws (which vary province-by-province, and which are generally made available by each Province on the web) may provide that the Trader is responsible for honoring the cash value that you paid for your ToBuy for a period of time beyond the expiration date stated on the ToBuy. If applicable, this is a statutory provision which applies to the Trader, and it is the sole responsibility of the Trader (and in no way the responsibility of ToBuy, as ToBuy is not the Trader, has no obligations of the Trader, and is merely selling the promotional voucher on behalf of the Trader) to comply with such applicable laws and statutes which may govern the Trader.