DigiCoins Canada Inc.
DigiVault
Terms andConditions
The use of your DigiVault is governed by the following terms and conditions, as well as the terms and conditions printed on the back of the DigiVault (collectively, the "Terms").
Amendment
Amendments shown with ("---" strikethough) and ("___" underline).
Amended:Jan 12, 2010
Cardholder Monthly Fee striked from document, fee was never implemented.
Use of DigiVault
Use
of the DigiVault constitutes your acceptance of the Terms and Conditions. The
DigiVault may be used at all participating Merchant locations. It may not be
redeemed for cash. The value on your DigiVault will not be replaced (unless
registered) if the DigiVault is lost, stolen, destroyed or used without your
permission. The DigiVault is void if altered or defaced. All dollar amounts are
in Canadian Dollars (unless otherwise specified).
Changes and Modifications
We
reserve the right to change the Terms and Conditions at any time and to notify
you by posting an updated version of the Terms and Conditions on our website
(www.digicoins.com) and at participating Merchants. In the event of a conflict
between the Terms and Conditions as posted on our web site and the Terms and
Conditions available at participating Merchants, the Terms and Conditions as
posted on our web site shall govern the use of your DigiVault. You are
responsible for regularly reviewing the Terms and Conditions. Continued use of
the DigiVault after any changes to the Terms and Conditions shall constitute
your consent to such changes. We also reserve the right to change the services
provided in relation to the DigiVault at any time and in any manner as
determined by us in our discretion.
Registration and Password
Access
to your DigiVault detailed information report will only be made available
online. No printed reports will be mailed. You must complete the registration
process by providing us with the DigiVault number, name, password and a valid
email. You are responsible for maintaining the confidentiality of your
password. Furthermore, you are responsible for any and all activities, acts or
omissions that occur in relation to your DigiVault and password. We may send
confidential information to the email address that you provide to us. Any lost,
stolen or damaged DigiVault that has been registered online will be replaced
including the DigiCoins balance as verified on the host server by us in our
discretion. A replacement fee will apply. You must treat your DigiVault like
cash. You do NOT have to be registered online to be eligible to earn DigiCoins.
Property Rights
THE
DIGIVAULT IS THE PROPERTY OF AND IS ISSUED BY DIGICOINS CANADA INC. AND MUST BE
RETURNED UPON REQUEST. The DigiVault and the DigiCoins Website contains
trademark, copyright and other proprietary material owned or licensed by
DigiCoins Canada Inc. (collectively the "Proprietary Material"),
including, but not limited to: text, photos, graphics and images. All of the
Proprietary Material is protected by applicable intellectual property rights
(including copyright and trademark legislation). You agree not to modify, publish
copy, create derivative works of, or in any way exploit, in whole or in part,
the Proprietary Material. You agree to respect any copyright, trademark and
other proprietary rights which subsist in the Proprietary Material on the
DigiVault and the DigiCoins Website.
User Conduct
As a condition of your use of the DigiVault, you agree that you will:
- Not use the DigiVault for an unlawful, fraudulent or deceitful purpose or related in any manner to unlawful or unethical activities;
- Not tamper, hack, modify or otherwise bypass or attempt to bypass any security features, functionality, or any other features of the DigiVault;
- Not directly or indirectly resell the DigiVault; and
- Abide by all applicable local, provincial, national and international laws and regulations as they relate to the DigiVault;
Disclaimers/Limitation of Liability
You
acknowledge and agree that DigiCoins Canada Inc. does not represent or warrant
that the services provided in relation to the DigiVault will be uninterrupted
or error-free, that defects will be corrected, or that the website
(www.digicoins.com) is free of viruses or other harmful components. DigiCoins
Canada Inc. will not be held legally responsible or be bound for any tax
consequences resulting from the participation in the program or use of the
DigiVault. You are solely responsible for the reporting of any benefits and the
payment of any taxes levied as the case may be in any jurisdiction.
Termination
DigiCoins
Canada Inc. may terminate these Terms and Conditions and the use of the DigiVault and any related service(s):
- at any time upon your breach, suspected breach or anticipated breach of any of these Terms and Conditions, all as determined by DigiCoins Canada Inc. in its sole discretion, with such termination effective immediately;
- at any time upon any order or anticipated order of any regulatory body or agency which would limit in any way the provision of the services in relation to the DigiVault;
- at any time
upon DigiCoins Canada Inc. deciding, in its sole discretion, to terminate the
DigiCoins Program. In such event, DigiCoins Canada Inc. shall post notification
of its decision to terminate the DigiCoins Program online and at participating
Merchant locations, no less than ninety (90) days prior to terminating the
DigiCoins Program (the "Notification"). All members will then have
ninety (90) days from the date of the Notification to use up the balance on
their DigiVault, after which time the DigiVault will no longer be operable and
the remaining balance will not be redeemable or refundable. After the date of
Notification, you will not be able to add DigiCoins to your DigiVault.
Suspension of Service
DigiCoins
Canada Inc. has the right at any time to suspend the services in relation to
the DigiVault generally or with respect to any particular user for any reason
whatsoever as determined in DigiCoins Canada Inc.'s sole discretion.
Jurisdiction
The
DigiVault and related services are governed by and construed in accordance with
the laws of the province of Ontario, Canada. All disputes, controversies or
claims arising out of or in connection with the website or the services provided
in relation to the DigiVault shall be submitted to and be subject to the
jurisdiction of the courts of the province of Ontario, Canada. You submit and
attorn to the exclusive jurisdiction of the courts of the province of Ontario,
Canada to finally adjudicate or determine any suit, action or proceeding
arising out of or in connection with the web site or the services provided in
relation to the DigiVault.
Communications
Your
email address is the only means we have to contact you. You are responsible for
ensuring that your email address and password are kept confidential. All
electronic communications from us to you shall be deemed to be delivered when
sent, notwithstanding any error message or other message that we receive which
indicates your email address or other contact information is no longer current
or is not operational.
Privacy
If
you choose to register your DigiVault via our website, then we may collect your
email address for the purpose of the administration of the DigiCoins program.
We also collect and store transaction information related to the account. We
review collective information about DigiVault activity and history. We analyze
or report collective trends in behavior. The information is stored in a secure
manner and is destroyed when it is no longer required. We do not collect your
password information, should you forget your password we will reissue a
temporary password to provide you access to your account. This temporary
password must be changed once you access your account. Refer to our website for
instructions pertaining to "Forgot My Password". At the time of registration,
you are given the opportunity to specify your privacy preferences. For example,
you can choose not to receive any promotional materials associated with the DigiCoins
program. You can change your privacy preferences at any time via our website.
Expiration Date and Fees
There
is no DigiVault expiration date. DigiCoins Canada Inc. will deduct a monthly
membership fee that will commence thirty (30) days following the first
DigiVault activation and every thirty (30) days thereafter. This A membership fee
may be amended at anytime upon DigiCoins Canada Inc. deciding, in its sole
discretion. In such event, DigiCoins Canada Inc. shall post notification of its
decision to amend the membership fee online and at participating Merchant
locations, no less than thirty (30) days prior to implementing the changes (the
"Notification").
Copyright © DIGICOINS CANADA INC. 2006. All rights reserved. Used under license