Shopaneer Terms and Conditions

1. Introduction

Shopaneer, including subsidiaries and affiliates ("Shopaneer.ca" or "Shopaneer" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

Whilst every effort is made to update the information contained on this website, neither Shopaneer nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. Shopaneer reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of Shopaneer. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of Shopaneer.

External links may be provided for your convenience, but they are beyond the control of Shopaneer and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Shopaneer. Please contact us if you would like to link to this website or would like to request a link to your website.

Shopaneer is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Shopaneer. Shopaneer reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Shopaneer's and/or a third party's computer system and/or network;

5.4 violate any copyright, trade mark, other applicable Canadian or international laws or intellectual property rights of Shopaneer or any other third party;

5.5 submit contents containing marketing or promotional material which is intended to solicit business.

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Shopaneer against any loss, liability, damage or expense of whatever nature which Shopaneer or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

Shopaneer makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.

Shopaneer shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither Shopaneer nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Shopaneer does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to Shopaneer that you are legally entitled to do so and to make use of information made available via the website.

These website terms and conditions constitute the sole record of the agreement between you and Shopaneer in relation to your use of the website. Neither you nor Shopaneer shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Shopaneer in respect of your use of the website.

Shopaneer may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

No indulgence or extension of time which either you or Shopaneer may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

Shopaneer shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Canada in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

11. General Contest/Giveaway Rules

11.1 No Purchase Necessary

No purchase, pledge, or donation necessary to enter to win. All federal, provincal, and municipal laws and regulations apply. Void where prohibited by law.

Please follow the methods listed for contest entry in the members area (http://www.shopaneer.ca/members/) related to each giveaway.

Non-winning entries will not be rolled over to future contests. No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible entries; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.

By entering you agree to these Official Rules and the decisions of Sponsor or its designee, which are final and binding in all respects.

Sometimes giveaway rules will differ depending on what sponsor specifications. Be sure to read the rules for the giveaway you are entering by reading the terms listed in the members area.

The start and end dates/times of each Giveaway, "Entry Period", will be posted in the members area.

A Giveaway is offered only in Canada to legal residents of all provinces except Quebec at least 18 years old at time of entry. Void where prohibited by law. The Giveaway is not open to giveaway organizers, employees and directors of Shopaneer. Winners of any Giveaways are ineligible to win any other Giveaways for a period of thirty (30) days from the date of the Giveaway.

Prize values will vary for each Giveaway. Sponsors will decide what credit value he/she will offer as a prize. The winner will then choose an item from Sponsors store within the credit value of the prize. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion.

Odds of winning are based on the number of entries. We use Random.org to choose giveaway winners, and post the results in the members area.

The winners will be notified via email and a notification will show up in the members area. The winners will have up to the following 72 hours (3 days) of the Giveaway end date to email us their postal addresses. The winners' addresses will be forwarded to Sponsor who will send the prize to the winners directly.

Inability to reach prizewinner by email after reasonable efforts (as determined solely by Giveaway organizers) may result in disqualification and an alternate winner may be selected. Winners may waive their right to receive a prize. Prize is nonassignable and nontransferable. No substitutions allowed. The sponsor is solely responsible for providing the prize directly to specified winners. Shopaneer assumes no liability for prizes not properly presented by Sponsor. Winner is solely responsible for reporting and payment of any taxes on the prize. Except where prohibited, participation in a Giveaway constitutes entrant's consent to the publication of his or her name in any media for any commercial or promotional purpose, without limitation or further compensation.

Participation in a Giveaway constitutes an agreement by each entrant to comply with these Official Contest Rules. In the event the Giveaway is compromised by causes beyond the reasonable control of Shopaneer which corrupt or impair the administration, security, fairness or proper operation of the Giveaway, Shopaneer reserves the right in its sole discretion to suspend, modify or terminate the Giveaway. Should the Giveaway be terminated prior to the stated expiration date, Shopaneer reserves the right to award the prize based on the entries received before the termination date.

By entering the Giveaway, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Giveaway, or any prize awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorney's fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Giveaway and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Giveaway or downloading materials from or use of the web site. If, for any reason, the Giveaway is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Giveaway and select the winners from entries received prior to the action taken or in such other manner as Sponsor may deem fair and appropriate. IN NO EVENT WILL SPONSOR, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE DESIGN STYLE GUIDE BLOG INTERNET SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE IMITATIONS OR EXCLUSIONS.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of any entrant and Shopaneer, shall be governed by, and construed in accordance with the laws of the province of Ontario, Canada without giving effect to any choice of law or conflict of law rules or provisions (whether of Ontario, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ontario. The invalidity or unenforceability of any provision of these rules shall not affect the invalidity or unenforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

By entering the Giveaway, entrants release Shopaneer, and each of their respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Giveaway or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light).

The Giveaways are sponsored by Shopaneer or stores listed on Shopaneer, whose decisions regarding the selection of winners and all other aspects of the Giveaways shall be final and binding in all respects. Shopaneer will not be responsible for typographical, printing or other inadvertent errors in these Official Contest Rules or in other materials relating to the Giveaways. If you have any questions regarding the Giveaways, please contact us.

Some items may ship from Canada. You are responsible for all customs/duty fees.

Each winner will be posted in the members area.

12. Affiliate Program

Affiliate program terms can be found here.

13. Terms of Sale

When you place an order to purchase an item on Shopaneer you are making an offer to purchase the item(s) you have selected on the following terms:

13.1 You must first register with Shopaneer and create an account.

13.2 All items on Shopaneer are subject to the Terms of sale of Shopaneer and perticipating merchant(s).

13.3 Shopaneer is not responsible for any and all damages, claim, illnesses, injuries, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by a perticipating merchant.

13.4 Shopaneer is not liable for any unclaimed property liability arising from any unredeemed items.

13.5 All sales are final and there are no refunds.

13.6 Any Voucher you purchase through Shopaneer is redeemable for goods or services by the Merchant specified on the Voucher, and only that Merchant. The Merchant is the seller of the Voucher, and the goods and services redeemable by the Voucher are the sole responsibility of the Merchant.

14. Social Deals - Restaurants

For the purposes of this section, "Restaurant" shall refer to a Merchant who offers and sells food and beverages as part of its regular business operations, and is making available to the purchasers those food and beverages through the sale of Vouchers.

14.1 Restaurant-specific Vouchers are valid for dine-in purposes only unless otherwise permitted by the Restaurant.

14.2 Unless permitted by the Restaurant, Vouchers cannot be used in conjunction with any other coupons, promotions, restaurant vouchers, or third-party vouchers.

14.3 Unless permitted by the Restaurant, Vouchers cannot be used for any tips, sales taxes, or to pay any balances owed to the restaurant prior to Voucher redemption.

14.4 Shopaneer or the Restaurant is not responsible for lost, stolen, or damaged Vouchers.

14.5 The issuance of a credit when redeeming a Voucher is subject to the discretion of the Restaurant and applicable laws.

14.6 The frequence of which a Voucher can be redeemed is determined by the Restaurant.

14.7 Unless applicable by law, trade, re-sale, or reproduction of a restaurant-specific Voucher is prohibited.

14.8 Voucher must be redeemed for full face value. No case or credit will be compensated if Voucher is redeemed for less than full face value.

14.9 The use of a Voucher for the purchase of alcoholic beverages is at the descretion of the Restaurant and is subject to applicable laws.

14.10 Voucher redemption that is not in compliance with these terms will be rendered void.

15 Social Deals - Non Restaurants

15.1 Shopaneer or the Merchant is not responsible for lost, stolen, or damaged Vouchers.

15.2 Vouchers are only redeemable for goods/services offered by the Merchant.

15.3 Unless otherwise specified by the Merchant, Voucher redemption is limited to one Voucher per customer per visit.

15.4 Unless otherwise specified by the Merchant, Vouchers are not applicable to any shipping and handling charges.

15.5 Unless permitted by the Merchant, Vouchers cannot be used in conjunction with any other coupons, promotions, vouchers, or third-party vouchers.

15.6 Unless applicable by law, trade, re-sale, or reproduction of a Voucher is prohibited.

15.7 Voucher must be redeemed for full face value. No case or credit will be compensated if Voucher is redeemed for less than full face value.

15.8 The issuance of a credit when redeeming a Voucher is subject to the discretion of the Restaurant and applicable laws.

15.9 Vouchers may only be redeemed at the Merchant specified in the Voucher.

15.10 Voucher cannot be used to purchase any additional goods/services or to upgrade goods/services. Voucher may only be used for the value and type of goods/services specified on the Voucher. Any additional goods/services you with to upgrade that exceed the limitations of the Voucher must be paid to the Merchant with a payment method accepted by the Merchant.

15.11 Voucher redemption that is not in compliance with these terms will be rendered void.

16 Social Deals - Merchants

16.1 Of the price of the Social Deal, Shopaneer receives a 30% commission and 70% is paid to the merchant in the form of a check. If the price of the Social Deal is $20, Shopaneer receives $6 and the merchant receives $14.

16.2 Payment to the merchant is paid within 30 days after the Social Deal ends.

17 Social Deals - Additional Terms

17.1 Even if your Voucher has expired, applicable law may require the merchant to allow you to redeem your Voucher at any time for goods/services equal to the amount you paid for the Voucher. If applicable law entitles you to a redemption and if the merchant has refused to redeem the cash value of your expired Voucher, please contact Shopaneer.

17.2 Unless applicable law entitles you, you may not be entitled to receive cash or credit for a partially redeemed Voucher.

17.3 Vouchers can only be used for making purchases of goods/services at the specific merchant listed on the Voucher.

17.4 The merchant is solely responsible for honouring the Voucher.

17.5 Voucher cannot be redeemed for cash or credit unless required by applicable law.

17.6 Voucher is for promotional purposes.

17.7 Voucher use is subject to Shopaneer's Terms and Conditions found at http://www.shopaneer.ca/terms.

17.8 Voucher cash value refers to the amount paid to purchase the Voucher, not for the non-discount value.