Terms of use

TERMS AND CONDITIONS OF USE FOR "USERS"

 

By using this Website (hereinafter "Site"), you (hereinafter "you" or "the User") accept the terms and conditions that we (WEBTOTAL inc.), (hereinafter ("TOP BARGAIN" and or "We") have provided. (The denomination "User" includes all the denominations mentioned above.) By using or visiting the Top Bargain Site (even if the visit does not include commercial activity), you agree to be bound by the Terms of Service and abide by these Terms of Service and all applicable laws and regulations that govern the Site. If you disagree with these terms, you must cease using the Site immediately.

TERMS OF USE

General

The Top Bargain site does not sell any product, therefore, does not request any payment nor any information related to payment methods for the "User."

The Site offers an interactive online service operated by (TOP BARGAIN) on the World Wide Web of the Internet (the "Web"), including products and services, content, information, and transaction capabilities managed by (TOP BARGAIN), affiliates of (TOP BARGAIN) or merchants (hereinafter the "Merchants") who offer information and or products and or services and or vouchers, products, and services of offers to buy directly or by a third party (hereinafter "Vouchers, products and services, products and services") which can be exchanged for goods/services at Merchants and other third parties.

This defines the terms and conditions that apply to the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), the User agrees to abide by all terms and conditions herein. The right to use this Site is personal to the User and is not transferable to any other person or entity. The User is responsible for maintaining the confidentiality of the User's password(s), if any. The User acknowledges that, even if the Internet is often a safe environment, there are sometimes interruptions of services or events that are beyond the control of (TOP BARGAIN), and (TOP BARGAIN) is not responsible for the data lost during the transmission of information over the Internet, or within our data storage systems, our servers and or any loss of data suffered as a result of attacks and or illegal and or unwanted intrusions from anyone. Although the objective of (TOP REBAIS) is to make the Site accessible 24 hours a day and seven days a week, the Site may be unavailable from time to time for any reason, including and without limitation to routine maintenance. You understand and acknowledge that, due to circumstances both within and beyond the control of (TOP BARGAIN), access to the Site may be interrupted, suspended, or terminated occasionally with or without notice.

(TOP BARGAIN) has the right at any time to modify or discontinue any aspect or feature of the Site, including but not limited to the content, hours of availability, and equipment necessary for access or use. In addition, (TOP BARGAIN) may discontinue the transmission of any part of the data or category of data, change or eliminate any method of communication, and may change the transmission speed or other signal characteristics.

CHANGES TO TERMS OF USE

At our sole discretion, we reserve the right to change, modify, add, or remove portions of this Agreement at any time without notice. If we make changes to the Agreement, we will post those changes on this Website and indicate at the top of this page the most recent date the Agreement was revised. These changes will be effective immediately for all users of the site. If you continue to use this Website after changes have been made, you automatically accept the terms of the revised Agreement. If you do not agree to abide by the terms of this Agreement or any future revisions, do not use or access this Website (or cease using or accessing it). You are responsible for periodically checking these Terms of Use to determine if any changes have been made and reviewing them as appropriate. We may modify our services from time to time, for any reason and without notice, or terminate them, including the right to remove them with or without notice, and this without liability.

User Information

To use certain services of (TOP BARGAIN), you may be asked to provide personal information (identification, contact information, etc.) during the registration process or during your continued use. of our services. In order to use our services in good faith, you must affirm that all information indicated during your registration with (TOP BARGAIN) is correct and up to date. You represent that you are of legal age to enter into a binding contract. You must be at least 18 years old to have the right to use the Site. However, if you are under 18, you may use the Site only with your parents or guardians who accept this Agreement.

User passwords and account security

When you register with this Website, you will be assigned a username and password (collectively, the "Account") to access certain sections of this Website and/or certain services available. Based on your use of this Website, you agree to (a) provide accurate, complete, and up-to-date personal information as may be requested in any registration or consumer information form on this Website ("Data 'registration "); b) to maintain the security and confidentiality of your account; (c) to regularly update your registration data and any other information you provide; to ensure that your registration data is accurate and complete; and (d) be fully responsible for all use of your account and for any actions taken using your account. If you become aware of any unauthorized authorization whatsoever, you agree to notify (TOP BARGAIN) immediately at equipe@toprabais.com

You acknowledge that we act upon the Registration Data you provide and that we are under no obligation to evaluate the truthfulness, accuracy, or completeness of your Registration Data. If you provide any information that is false, inaccurate, incomplete, or out of date, or if we have reasonable grounds to suspect that such information is incorrect, wrong, out of date, or incomplete, we have the right to suspend or terminate your account, and to deny you access to this website (or any part of it) now and in the future.

User Conduct

This Site and all individual sites or specific merchant, city, or state sites now or hereinafter contained in or available through hyperlinks external to our Site (the "Microsites") are privately owned. All interactions on this Site and/or Microsites must comply with these Terms of Use. While we welcome and encourage user interaction on our Site, we require and insist that all end users must restrict all activity in connection with the use of this Site and the microsites to legitimate and lawful purposes only. The user must not post or transmit through this Site any material that violates or infringes in any way the rights of others or any other material that is illegal, threatens, insults, is defamatory, disrespectful of privacy or rights of publicity, 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 the prior written permission of (TOP BARGAIN), contains an advertisement or solicitation for products or services. Any conduct by a User which, in the sole discretion of (TOP BARGAIN), restricts or inhibits any other user from using or visiting this Site and/or the Microsites is strictly prohibited. User shall not use this Site or any of the Microsites to advertise or make commercial, religious, political, or non-commercial solicitations, including but not limited to soliciting users of this Site and/or Microsites to become users of online or offline services that directly or indirectly compete or potentially compete with (TOP BARGAIN).

The provisions of this article also apply to and for the benefit of (TOP BARGAIN), its subsidiaries, affiliates, Merchants, partners, as well as its third-party content providers and licensors, and everyone has the right to assert and enforce these provisions directly or on their behalf.

This Site and the Microsites contain copyrighted materials, trademarks, and other proprietary materials, including but not limited to text, software, photos, videos, graphics, music, and sound, and the entire content of this Site is copyrighted as a collective work under the copyright laws of Canada. (TOP BARGAIN) owns the copyright in the selection, coordination, layout, and improvement of the content and in the original content. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or exploit in any way the content in whole or in part. Users may download, print, and/or save copyrighted material solely for User's personal use. Unless otherwise expressly provided under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded materials without the express permission of (TOP BARGAIN) or the copyright owner is permitted. While copying, redistribution, or publication of copyrighted material is permitted, no changes or deletions may be made in the author attribution, trademark legend, or copyright notice. The User acknowledges that he/she does not acquire ownership rights by downloading copyrighted material. The trademarks that are on or in the Site or a Microsite that is owned or managed in connection with (TOP BARGAIN) are not considered to be part of the public domain but rather as being the exclusive property of (TOP BARGAIN ), unless said Site is under license from the owner of said Trademark in which case such license exists for the exclusive benefit and use of (TOP REBATE) unless otherwise specified.

User shall not upload, post, or otherwise make available on this Site any material protected by copyright, Trademark, or other proprietary right without the owner's express permission of the copyright, Trademark, or other property right. (TOP BARGAIN) has no express charge or responsibility to furnish the User with any indications, trademarks, or anything else that may assist the User in determining whether the material in question is copyrighted or is a registered trademark. The User is solely responsible for any damages resulting from any violation of copyrights, trademarks, proprietary rights, or any other harm resulting from such submission. By submitting content to the public areas of this Site or Microsites, the User warrants that the owner of such material has expressly granted (TOP BARGAIN) the royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute this material (in whole or in part) throughout the world and/or incorporate it into other works in any form, media or technology known or developed in the future for the entire term of any copyrights that may exist for such material. The User also allows any other end user to access, view, store, or reproduce the material for the personal use of the End mentioned above User. The user grants (TOP BARGAIN) the right to modify, copy, publish, and distribute all the material made available on this Site or the Microsites by the User.

The provisions of the above article also apply to and for the benefit of (TOP BARGAIN), its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each has the right to assert and comply with these provisions directly or on its behalf.

You agree to the following and undertake to do so:

• you will open only one account and will not open an account on behalf of any other person, group, or entity;

• you will not use this Website in a way that harms us or our merchants, our affiliates, any of our "Users," or a consumer of one of our merchants or our affiliated businesses;

• you will not upload, post, transmit, trade, store, or otherwise make available any consumer content that is threatening, unlawful, defamatory, infringing, inflammatory, abusive, harassing, vulgar, obscene, fraudulent, or otherwise invasive of privacy or publicity rights, or otherwise harmful or threatening to them, hateful, racist or otherwise offensive

• you will not upload, post, email, transmit or otherwise make available any consumer content that you do not have the right to make available by operation of law or contractual or fiduciary relationship;

• you will not impersonate any person or entity, including, but not limited to, a person or entity affiliated with TOP BARGAIN, and you will not make any false statement or representation about you or your age or affiliation with any person or entity;

• you will not upload, post, transmit, trade, store, or otherwise make publicly available on this Website any personal information of any third party, including but not limited to addresses, telephone numbers, email addresses, numbers, social insurance numbers, and credit card numbers;

• you will not copy, modify or distribute any part of the content of this Website for commercial purposes;

• you will not disrupt or cripple this Website or any of our sites, servers, or networks or violate any requirements, policies, regulations, or networks connected to this Website;

• you will not take any action intended to undermine the comments and ratings functions of this Website;

• you will not take any action that would result in an unreasonable or disproportionately large load on our infrastructure;

• you will not distribute or post on this website spam, chain letters, or pyramid schemes;

• you will not use any automated process or service to use or access this Website or to collect information from this Website;

• you will not use any automated means to modify or reroute, or attempt to modify or reroute, this Website;

• you will not resell or redistribute this Website or any part of it;

• you will not knowingly or unknowingly violate any applicable international, federal, provincial, or municipal law when using this Website.

ANY ATTEMPT TO DELIBERATELY DAMAGE THIS WEBSITE OR ANY RELATED WEBSITE MAY BE AN OFFENSE UNDER CRIMINAL AND CIVIL LAW. IN THE EVENTUALITY OF SUCH AN ATTEMPT, TOP BARGAIN RESERVES THE RIGHT TO USE A RECOURSE AND TO CLAIM DAMAGES UP TO THE LIMITS PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, LEGAL PROCEEDINGS. CRIMINAL.

 

Copyright Charter

 

(TOP BARGAIN) reserves the right to terminate its contract with any user who infringes the copyrights of third parties upon prompt receipt of prompt notification sent to (TOP BARGAIN) by the copyright owner or the copyright owner's legal representative. Without limiting the preceding, if you believe that a copyrighted work has been copied and posted through the Site or Microsites in a way that constitutes copyright infringement, you must provide the following information to ( TOP BARGAIN):

  1. An electronic or physical signature of the person authorized to act on behalf of the Owner of the copyrighted work.
  2. Identification and location on the site or microsite of the work whose rights you claim have been infringed.
  3. A written statement signed by you stating that you have a good faith belief that the disputed use is not authorized by the Owner, its agent, or the law.
  4. Your name and contact information, such as your telephone number or email address.
  5. A statement signed by you where you say that the above information in your account is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

IMPORTANT

Unless otherwise indicated, specific images, information, and videos on our site have been taken directly from the Internet or are provided by partner merchants and assumed to be in the public domain. If any problem or error has crept in with copyrighted material, the breach of copyright is involuntary and non-commercial, and the material will be removed immediately upon request and proof presented.

 

Network security and efficiency

TOP BARGAIN.ca does not guarantee total efficiency or security. It is possible that a failure occurs or that a hacker manages to penetrate the server(s) and/or one of our systems. It is therefore important to bear in mind, BEFORE USING YOUR ACCOUNT, AND IF APPLICABLE, YOUR PACKAGE, TO BROWSE AND/OR PERFORM TRANSACTIONS ON THE SITE, that it is always possible for a malicious individual to access the servers of the TOP BARGAIN.ca site and uses, for its purposes, certain personal information left by users of the site. UNDER NO CIRCUMSTANCES TOP BARGAIN, nor any of its administrators or employees, can be held responsible for acts of computer hacking or be blamed for any damage or loss that this could cause to any site user. The TOP BARGAIN.ca site may experience occasional outages, and specific programming errors may be caused by updates or by events beyond the control of the administrators. Neither the administrators nor any organization member can be held responsible if a member cannot browse TOP BARGAIN.ca for whatever reason (misunderstanding, line faulty phone, incompatible modem, broken cable, wrong configuration, bad browser, etc.).

CONTENT

ACCURACY AND MODIFICATION OF INFORMATION

The information and materials provided on this site are, to the best of our knowledge, accurate at the time they are presented. However, despite our efforts in this regard, TOP BARGAIN cannot guarantee that this information is exact or complete or will be at all times. In addition, software or Internet transmission problems could generate inaccurate or incomplete copies of the information or documents, which could be transmitted to a third party and appear on their computer. TOP BARGAIN reserves the right to modify and update the information or documents contained on this site without prior notice. You agree to review this information and materials regularly, and your repeated use of this site will signify your acceptance of such changes.

Although we do our best to keep all information up to date, there may be discrepancies between the information on our site and that on the website of advertisers and merchants.

IN THIS CASE, THE INFORMATION FROM THE ADVERTISER'S WEBSITE AND/OR THE MERCHANT WILL PREDOMINATE.

For advertisers to administer the information in the listings, we are not responsible for errors, spelling, or syntax. Thank you for being so understanding.

AVAILABILITY OF PRODUCTS AND SERVICES

Advertisers offer the products and services described on the pages of this site. TOP BARGAIN cannot be held responsible for the non-availability or inaccuracy of the prices and/or the information and characteristics indicated and/or the quality of one or more products and services advertised on its site.

PROMOTIONS

You can respond to various product offers posted on this website by merchants. Your participation in a promotion, including, but not limited to, the ordering, delivery, and payment of goods, and any other conditions, warranties, or representations associated with such offer, are solely between you and the merchant having posted the promotion. We do not assume any responsibility or liability for any part of a promotion, sale, or agreement made with a company advertising itself on the site.

LINKS TO OTHER SITES

The sites displayed on this Website or the hyperlinks provided by this website are developed by persons over whom we have no control. We do not verify the source or content of sites before including them on this website. We may hyperlink to sites and/or content people may find objectionable, inappropriate, or offensive. We make no representation whatsoever and give no warranty concerning the content of such sites belonging to third parties. We also cannot guarantee that such content will not contain unintended or objectionable content, and we assume no responsibility for the content of any site included in our listings or otherwise linked to this website. We are not responsible for the availability of any such external sites or resources, and you acknowledge that we do not endorse or be liable for any content, advertising, product, or other such material accessible at or from such sites or resources.

You acknowledge and agree that we shall not be liable, directly or indirectly, for any damages or losses resulting or alleged to result from the use of such content, goods, and services, or reliance on these, made available to you on a site or an external source to which we provide the link.

Please report broken links or abuse to equipe@toprabais.ca

WARRANTY DISCLAIMER

WE DISCLAIM ANY RESPONSIBILITY OR INDEMNIFICATION FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR USABILITY OF ANY INFORMATION OR MATERIALS DISPLAYED IN THIS WEBSITE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, DELIVERY TO ANYONE OTHER THAN THE RECIPIENT, OR, ULTIMATELY, DELIVERY OF ANY INFORMATION OR MATERIALS. WE ARE NOT RESPONSIBLE FOR DAMAGES RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL FROM THE WEB THROUGH THIS WEBSITE. ALL INFORMATION DISPLAYED ON THE MERCHANTS' WEBSITES AND OR USES HAVE PRIORITY AND PREVALUE OVER ALL INFORMATION DISPLAYED ON THE TOP BARGAIN.ca SITE

THIS WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES CONTAINED HEREIN ARE PROVIDED "AS IS" AND ARE NOT WARRANTED. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES EXPRESS, IMPLIED, OR ARISING BY OPERATION OF STATUTE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLES, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY IMPLIED WARRANTIES AND CONDITIONS ARISING FROM CUSTOMARY CONDUCT OR PERFORMANCE.

WE DISCLAIM ALL WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TECHNICAL PROBLEMS WILL BE FIXED, OR THAT THIS WEBSITE, THE SOFTWARE, OR THE SERVER MAKING IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER ITEMS OF A DESTRUCTIVE NATURE. WE ALSO DISCLAIM ALL RESPONSIBILITY FOR DATA LOSS STORED IN OUR INFRASTRUCTURES FOR ANY REASON WHATSOEVER. YOU AND YOU ALONE HAVE THE RESPONSIBILITY TO MAKE THE NECESSARY BACKUPS TO ENSURE THE CONSERVATION OF SUCH DATA.

WE MAKE NO WARRANTIES AS TO ANY INFORMATION OR ADVICE OBTAINED THROUGH THIS WEBSITE. WE DISCLAIM ANY WARRANTIES AS TO ANY SERVICES OR GOODS RECEIVED THROUGH OR OFFERED THROUGH THIS WEBSITE OR RECEIVED THROUGH ANY LINK PROVIDED ON THIS WEBSITE AND ANY INFORMATION OR ADVICE RECEIVED THROUGH THIS WEBSITE. THROUGH A LINK PROVIDED BY THIS WEBSITE. IN NO EVENT SHALL WE BE RESPONSIBLE BY YOU OR ANY OTHER PERSON FOR ANY DECISION OR ACTION TAKEN IN CONNECTION WITH ANY INFORMATION PROVIDED THROUGH THIS WEBSITE.

YOU UNDERSTAND AND AGREE THAT DOWNLOADING OR OTHERWISE OBTAINING MATERIALS OR DATA THROUGH THIS WEBSITE IS DONE AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES, PROVINCES, OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE BY ANY USER AS A RESULT OF THE USER'S USE OR MISUSE OF THIS WEBSITE OR SUCH DEPENDENCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY FOR ANY CLAIM RELATING TO THIS AGREEMENT OR THE PURPOSE HEREIN SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON ANY WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

SUCH LIMITATION OF LIABILITY APPLIES WHETHER SUCH DAMAGES ARISE FROM THE USE OR MISUSE OF OR DEPENDENCE ON THIS WEBSITE, THE INABILITY TO USE THIS WEBSITE, OR THE INTERRUPTION, SUSPENSION, OR PERMANENT TERMINATION OF THIS WEBSITE (INCLUDING SUCH DAMAGES SUFFERED BY THIRD PARTIES).

THIS LIMITATION ALSO APPLIES CONCERNING DAMAGES RESULTING FROM OTHER GOODS OR SERVICES RECEIVED THROUGH OR DISPLAYED ON THIS WEBSITE OR RECEIVED THROUGH A LINK PROVIDED ON THIS WEBSITE, AS WELL AS ANY INFORMATION OR ADVICE RECEIVED THROUGH A LINK PROVIDED ON THIS WEBSITE.

THIS LIMITATION ALSO APPLIES, BUT IS NOT LIMITED TO, THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND OR SERVICES, LOST PROFITS OR LOST DATA. THIS LIMITATION SHALL ALSO APPLY CONCERNING THE PERFORMANCE OR LACK OF PERFORMANCE OF THIS WEBSITE OR CONCERNING ANY INFORMATION OR MERCHANDISE DISPLAYED IN, LINKED TO, OR INCLUDED IN THIS WEBSITE. HYPERLINK IS PROVIDED.

THIS LIMITATION SHALL APPLY WITH RESPECT TO UNAUTHORIZED ACCESS OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA.

THIS LIMITATION SHALL APPLY DESPITE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE PRECEDING, WE WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY DELAY OR LACK OF PERFORMANCE ATTRIBUTABLE DIRECTLY OR INDIRECTLY TO ANY NATURAL CALAMITY, FORCE, OR CAUSE BEYOND ITS CONTROL, INCLUDING, WITHOUT HOWEVER LIMITED TO THESE, INTERNET NETWORK OUTAGES, FAILURE OF COMPUTER EQUIPMENT, TELECOMMUNICATIONS EQUIPMENT OR ANY OTHER TYPE OF EQUIPMENT, ELECTRICAL FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, PUBLIC UNREST, SHORTAGE OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, MINISTERIAL MEASURES, ORDERS OF A NATIONAL COURT OR TRIBUNAL OR FOREIGN, NONPERFORMANCE OF THIRD PARTIES, LOSS OR FLUCTUATIONS OF HEAT, LIGHT AND AIR CONDITIONING.

IN NO EVENT SHALL TOP BARGAIN BE HELD RESPONSIBLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, OR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS OF CONTRACTS, DATA, INFORMATION, INCOME, SAVINGS, OR BUSINESS RELATIONSHIPS, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY OFFERED SITES.

WITHOUT LIMITING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY WILL BE LIMITED TO CANADIAN $100.

Monitoring

 

(TOP BARGAIN) has the right but not the obligation to monitor the content of the Site and any Microsites at all times, including chat rooms and forums which may be included hereinafter as part of the Site, in order to determine compliance with this contract and all rules of use established by (TOP BARGAIN), as well as to satisfy any law, regulation or authorized governmental request. Without limiting the facts mentioned above, (TOP BARGAIN) has the right but not the obligation to remove any material that (TOP BARGAIN), in its sole discretion, deems to be in violation of the aforementioned provisions or otherwise objectionable.

 

Protection of personal data.

The User acknowledges that all discussions of ratings, comments, chat service, discussion forums, and/or other places of messages or communication (hereinafter collectively referred to as the "Communities") are public and not private communications and that, therefore, other people can read the User's communications without the User's knowledge. (TOP BARGAIN) does not control or endorse the content, messages, or information found in the Communities and, therefore, (TOP BARGAIN) expressly disclaims any responsibility for the Communities and the actions resulting from the participation of End Users in the Communities, including any objectionable content. Generally, any communication the user posts on (TOP REBATE) (chat rooms, discussion groups, message boards, or others) is considered non-confidential. If particular web pages allow sending communications that will be treated by (TOP BARGAIN) as confidential, this fact will be indicated on said pages. By posting comments, messages, or other information on the Site or the Microsites, the User gives (TOP BARGAIN) the right to use these comments, messages, or information for promotions, advertising, market research, or any other legal purpose without territorial, temporal or other limitation. For more information, please consult the Privacy Policy of (TOP BARGAIN).

Grant of License

By posting communications on or through this Site or any Microsite, the user grants to (TOP BARGAIN) an unrestricted, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication, image, photo or work, alone or as part of other works in any form, any media or any technology now known or later developed, without territorial or time limitation and to assign the said rights to several levels of owners of license.

 

Indemnification/Disclaimer

User agrees to defend, indemnify and hold (TOP REBATE), its affiliates, and their respective directors, officers, employees, and agents harmless from any claims and expenses, including attorneys' fees arising out of or relating to products or services purchased by the User in connection with the Site or microsites.

The User is solely responsible for interactions with merchants and other site users or microsites. To the extent permitted by applicable law, User hereby releases (TOP REBATE) from any claim or liability related to any Merchant product or service, any Merchant action or inaction, including Merchant's inability to comply with applicable law and or failure to abide by the terms of a Voucher and any behavior or message, whether online or offline, of another user.

(TOP BARGAIN) may terminate this contract at any time. Without limiting the aforementioned facts, (TOP BARGAIN) has the right to immediately terminate or suspend the User's passwords or accounts in the event of any user behavior or behavior that (TOP BARGAIN), at its sole discretion, deems unacceptable or in the event of any violation of this Agreement by the User.

 

Miscellaneous

This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement) and (TOP BARGAIN) Operating Rules established by (TOP BARGAIN), constitutes the entire Agreement between the parties with respect to topics covered in this document. If a party waives any breach or default hereunder, this does not constitute a waiver of any prior or subsequent breach or default. The section headings used herein are for illustrative purposes only and have no legal force or effect. Suppose a court of competent jurisdiction holds any provision of this Agreement invalid. In that case, such invalidity shall not affect the enforceability of the other provisions contained in this Agreement, and the remaining portions of this Agreement shall remain in full force and effect. Failure by either party to exercise its rights under this Agreement shall not be considered a waiver or forfeiture of such rights or any other rights provided herein.

 

Arbitration

By using this Site, User agrees that: (1) any claim, dispute, or controversy User may have against (TOP BARGAIN) arising out of, relating to, or in any way related to this Agreement, this Site, or any Microsite or the purchase or sale of Good(s) products or services, shall be settled exclusively by arbitration. The arbitrator shall apply the law of the province of Quebec district of Quebec City. No request for arbitration on a collective or representative basis will have authority; arbitration can only rule on individual complaints by the User and/or (TOP REBATE); and the arbitrator may not consolidate or combine the claims of other persons or parties who are in the same situation.

 

For any additional information, do not hesitate to contact us by email at the following address: equipe@toprabais.ca