Terms of Service
Version française en cours de développement.
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Terms of Service - TREATER
Last revised: Dec.14th, 2016
1.1. About Treater Technologies Inc., (“Treater”): Treater offers a mobile application, (The “Treater App”) that lets you treat your friends and family, by sending them digital gift cards to the participating Merchants.
1.2. What are these Terms of Service about? These Terms of Service ("Terms") are the terms on which we provide the Treater websites, applications, including without limitation the Treater App, and associated services (collectively the "Treater Service") to you. By registering for, accessing or using the Treater Service, you agree to these Terms. These Terms, together with our Privacy Policy, collectively form a legally binding agreement between you and TREATER. If you do not agree to these Terms, you may not register, access or use the Treater Service. We suggest you print a copy of these Terms for your records.
1.3. What is the Treater Service? The Treater Service is a service that allows users to purchase digital gift cards (we call them “Treater Gift Cards”) redeemable at participating Merchants and offer Treater Gift cards to your friends, and family.
1.4. Will you change these Terms? We may change any or all of these Terms from time to time and at any time in our sole and absolute discretion, to reflect changes to the Treater Service (including if we offer additional services) or for legal or regulatory reasons, or for any other reasons, without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to these Terms at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date this Agreement was last revised. If you are a registered user, we will also provide you with notice of such changes by sending you a notice using email and/or your mailing address, and/or any other contact information we have for you in our discretion, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and a mention to the effect that you may refuse the amendment and rescind or cancel the contract without cost, penalty or cancellation indemnity by sending to us a notice to that effect no later than 30 days after the amendment comes into force, using the information provided in the notice. By continuing to use the Treater Service after the date that the updated Terms come into effect, you expressly agree to the updated Terms. If you do not agree to the updated Terms, you may not access or use the Treater Service.
- YOUR USE OF THE TREATER SERVICE
2.1. What rules apply to account registration?
2.1.1. You agree and undertake that you will not create an account for anyone else, or create more than one account for yourself.
2.1.2. You are responsible for maintaining the confidentiality of your password and all other account information, and you are responsible for all activities that are carried out under your account. You agree to notify us immediately if you become aware of, or suspect any, unauthorized use of your account. Without limitation, we are not responsible if a Treater Gift Card is lost, stolen or destroyed or used without permission. Treater Gift Cards cannot be replaced if lost or stolen. You are responsible for all transactions associated with your Treater Gift Card and/or your account, including unauthorized transactions. When registering for an account, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. We reserve the right not to accept a Treater Gift Card or otherwise limit use of such Treater Gift Card if we reasonably believe that: i) the use is unauthorized, fraudulent or otherwise unlawful, or ii) we have reasonable grounds to suspect that you have not provided accurate information or have not updated such information. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.
2.1.3. The Treater Service is for Canadian users only. By using the Treater Services, you represent and warrant that you are a resident of Canada.
2.1.4. You may only use the Treater Service if you are legally allowed to do so in the jurisdiction where you live. To create an account, you need to be at least eighteen (18) years old, and old enough to form a binding contract where you live- you must be above the age of majority in your jurisdiction of residence to use the Treater Services.
2.2. What happens when you buy or receive a Treater Gift Card?
2.2.1. The Treater Service allows users to purchase Treater Gift Cards for themselves and for other people.
2.2.2. Each Treater Gift Card is redeemable for the product(s) or service(s) of the relevant, participating third party restaurant merchants (the “Merchants”). We call these products and services the “Merchant Products”.
2.2.3. You can make your payment via the payment mechanisms specified on the Treater Service from time to time. Payment via cash, cheque, or other methods not specified on the Treater Service is not accepted. You are responsible for any bank or payment processing charges that you incur (if any) when placing an order and any currency conversion costs.
2.2.4. When you purchase a Treater Gift Card, acceptance of your order and completion of the transaction between you and us will be completed when we send you an email confirmation of your transaction. Note that we may send you an email to confirm that we are processing your order – this confirmation email does not constitute an acceptance of your order. We reserve the right not to accept your order where we reasonably believe that it or you do not comply with these Terms.
2.2.5. Treater Gift Cards are non-refundable, non-returnable, and cannot be cancelled or redeemed for cash, other than in the case of system errors, as required by law or where we agree otherwise. Treater Gift Cards are not rechargeable. Treater Gift Cards may not be used to purchase other Treater Gift Cards; they may only be redeemed for Merchant Products in accordance with these Terms. Treater Gift Cards may not be re-sold, or transferred for value. You may not transfer any amount from one Treater Gift Card to another or from one Treater Gift Card to another. Without limiting the foregoing, the customization fee is non-refundable. Please consult the FAQ page. If you have more questions, contact us at contact@treater.co
2.2.6. Each Treater Gift Card may only be used for the purchase or redemption of the applicable Merchant Products from the applicable participating Merchants at the location(s) specified on the Treater APP. When you redeem a Treater Gift Card, if the balance remaining on the Treater Gift Card is sufficient, you authorize us to reduce the value available on your Treater Gift Card by the amount of the transaction. If there is a systems malfunction, other error, or for any reason whatsoever, a transaction occurs despite an insufficient balance on the Treater Gift Card, creating a negative balance, you agree to reimburse us upon request for the amount of the transaction that exceeded your balance.
2.2.7. As the buyer of a Treater Gift Card, it is your responsibility for ensuring that you provide accurate and complete details of your intended Treater Gift Card recipient, in compliance with all applicable law, including without limitation, Canada’s privacy and anti-spam laws. We are not responsible for any failure to deliver a Treater Gift Card to the recipient where inaccurate or incomplete details have been provided. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient.
2.2.8. Before you order a Treater Gift Card, please carefully review your selection. Once you have completed a purchase, you agree to not dispute or otherwise seek to revoke, chargeback, or otherwise seek to terminate your credit card or other payment. If you have a question about a charge, or believe there has been an error, please contact us using the information provided below.
2.2.9 Once you have purchased a Treater Gift Card, you will be sent an “ACTIVATE your GIFT CARD” email. Follow the instructions in this email so that you are able to add your Treater Gift Card to your Treater application and be able to share it with your chosen friend or family member if you choose to do so. You may only ACTIVATE your Treater Gift Card using your iPhone or iPad mobile digital device only. Once you have added your Treater Gift Card to your Treater application, you will be able to share your Treater Gift Card. Please make sure not to delete the URL link provided, otherwise your friend or family member will not receive the Treater Gift Card link to view or add the Treater Gift Card to the Treater application. When you purchase a Treater Gift Card, you will have the option to send the Treater Gift Card to a friend or family member whose name and contact information you specify. If you specify the name and contact information of someone you would like to send a Treater Gift Card to, or if you forward, transfer, authorize, or otherwise allow another person to use your Treater Gift Card, they and not you will receive and be entitled to use the Treater Gift Card. You may only forward or send a single Treater Gift Card to a single person. If you send a single Treater Gift Card to multiple persons, Treater is not able to control, and is not responsible for which person uses the Treater Gift Card. You may only provide Treater with names and email addresses of Canadian residents if you have a family or personal relationship with them. You must have the permission of each such friend or family member to send them a Treater Gift Card, and they must be over the age of majority in their jurisdiction of residence. You may not send a Treater Gift Card to any person under age of majority in their jurisdiction of residence. By sending a Treater Gift Card, you are confirming that you have a family or personal relationship with the recipient. A "family relationship" means that you are related to the other individual through marriage, common law, or parent-child relationship and have engaged in direct, voluntary, two-way communication with that individual. A "personal relationship" means that you engage or have engaged in direct, voluntary, two-way communications with the other individual such that it is reasonable to conclude you have a personal relationship with that individual based on the nature of your relationship and communications, including shared interests, opinions, and experiences. When you send a Treater Gift Card to a recipient, the message will indicate that it has been sent on your behalf and will identify you. Typically, such delivery takes place within 1 day of your order.
If you have not received a confirmation message within three (3) days, please check your junk mail filter, and if you still have not located it, contact us using the information provided below.
2.2.10 Treater Gift Cards cannot be used towards tips and gratuities.
2.2.11 Subject to applicable law, Treater reserves the right to apply a dormancy fee: the amount of $2.50 per month as of the 15th month after the Treater Gift Card was issued, when the Treater Gift Card has not been used during those 15 months. Treater may charge this fee only after the 18th month if you make a request for an extension before the end of the 15th month.
2.2.12 For residents of Quebec only: If a Treater Gift Card balance is $5 or less, the buyer of the Treater Gift Card can request the remaining balance in cash.
2.2.13 When you access and use the Services through the Treater App, you’ll be subject to your wireless service carrier's standard charges, data rates and other fees related to mobile services. Your usage may be restricted by your carrier, and not all mobile services may work with all carriers or devices. Consult your carrier for details.
2.2.14 Unless otherwise indicated, all dollar amounts on the Treater Services are in Canadian Dollars. You will be billed for your order at the time your order is placed. You will be responsible for any applicable taxes related to your order. Applicable taxes will be charged at the time you are billed. Taxes may depend on your location.
2.2.15. When you use your Treater Gift Card, you will not receive a receipt setting out your Treater Gift Card balance. You may check your Treater Gift Card balance using the Treater App.
2.3. What is Treater’s role and what is the Merchant’s role?
2.3.1. The Treater Service is a platform that enables you to buy and receive Treater Gift Cards. We are not the seller of the Merchant Products and we do not accept any responsibility in respect of your relationship with the Merchant and/or your purchase, use, or misuse of the Merchant Products, including without limitation your satisfaction with them. You acknowledge and agree that:
2.3.1.1. links to third party websites, products or services are provided for your convenience;
2.3.1.2. we do not control any third party websites, products or services and are not responsible for their contents, functionality or performance;
2.3.1.3. our provision of such links and the availability of Treater Services does not imply or constitute any endorsement of any third party websites, products or services and should not be taken as a guarantee from us that such websites, products or services comply with applicable law, nor does it imply any association between us and any third parties; and
2.3.1.4. you will not involve us in any dispute between you and any third party (including any Merchants) that relates to any such websites, products or services.
2.3.2. The Merchant, and not us, is:
2.3.2.1. the seller of the Merchant Products, so the Merchant may impose certain additional terms and conditions in relation to the Merchant Products or the provision thereof, which you agree to comply with;
2.3.2.2. solely responsible for redeeming the Treater Gift Card for Merchant Product; and
2.3.2.3. solely responsible for providing the Merchant Products, for ensuring that they comply with all applicable laws and the terms of your agreement(s) with the Merchants and for any warranties, returns, defects or customer service issues that relate to the Merchant Products. If, for example, there is a problem with the Merchant Products, you should contact the Merchant directly.
2.4. Your representations to us. You represent, warrant, and confirm that:
2.4.1 You are of legal age in your jurisdiction of residence and otherwise have the capacity to agree to these Terms;
2.4.2. all information and details provided by you to us (including on registration and thereafter) are true, accurate and up-to-date in all respects and at all times. You can update or correct your personal details at any time by amending your account details in the Treater Application.
2.4.3. you will comply with all restrictions on your use of the Treater Service as set out in these Terms and will not facilitate or encourage any breach of these Terms by anyone else; and
2.4.4. in relation to any material submitted to or posted on the Treater Service by you, that you have the right to submit or post such materials, and have obtained all necessary licenses and or approvals and that the use of such materials in connection with the Treater Service does not and will not infringe the rights of any other person.
You agree that in using the Treater Service you will not:
2.4.5. provide any false information (either in relation to yourself or in relation to another user that you are purchasing a Treater Gift Card for);
2.4.6. use the Treater Service for any purpose that is contrary to any applicable law or regulation (such as – but not limited to – privacy and anti-spam laws and regulations);
2.4.7. attempt to reproduce, sell, resell or trade a Treater Gift Card;
2.4.8. use the Treater Service in any way that interrupts, damages, impairs or renders the Treater Service less efficient;
2.4.9. transfer files that contain viruses, trojans or other harmful programs via or onto the Treater Service;
2.4.10. access or attempt to access the accounts of other users or to test, penetrate or attempt to penetrate the Treater Service's security measures;
2.4.11. email, post, contribute or otherwise disseminate any content or information which is defamatory, obscene, pornographic, malicious or misleading, or which incites violence or unlawful activity, or which may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise, or which is contrary to applicable law, or otherwise inappropriate or offensive, all as determined by Treater;
2.4.12. use the Treater Service for any purpose other than your own personal, non-commercial use;
2.4.13. collect other users' content or information or otherwise access the Treater Service using automated means without our permission;
2.4.14. take apart or reverse engineer any aspect of the Treater Services;
2.4.15. modify, hack, emulate or access elements of the Treater Service such as source code, underlying ideas, algorithms or other data; or
2.4.15. use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Treater Services.
2.5. What happens if you breach these Terms? If we reasonably believe that you have breached these Terms, we reserve the right to:
2.5.1. suspend, restrict or terminate your access to the Treater Service at any time without notice;
2.5.2. suspend, restrict or terminate Treater Gift Cards you have purchased or received via the Treater Service. In some cases, your breach may render the applicable Treater Gift Card(s) void; and
2.5.3. remove any content or information which you have posted through the Treater Service.
2.5.4 We reserve the right to correct the balance on your Treater Gift Card if we believe that a clerical, billing or account error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Treater Gift Card, please email us at contact@treater.co. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error(s) unless you provide us notice within 30 days of the date of the transaction in question. You should monitor your Treater Gift Card balance closely.
2.5.5 The above actions will not limit our right to take any other action against you that we consider appropriate. Merchants may also be entitled to take certain actions against you, depending on the breach in question.
2.5.6. You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
2.7. Intellectual Property:
2.7.1. For content that you provide or submit to Treater that is subject to intellectual property rights (such as ideas, photos and videos), you grant us a perpetual, worldwide, royalty-free, non-exclusive, transferable, sub-licensable license to use such content on or in connection with the Treater Service (including by way of modifying, adapting, translating, distributing, publishing and creating derivative works from such content), or for any other commercial purposes. Further, you hereby waive any moral rights you may have in such content.
2.7.2. Your use of the Treater Service and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, copyright, trade-marks, logos, graphics, photographs, animations, videos and text, or the intellectual property of third parties in the Treater Service and its contents. You will not use our intellectual property rights or those of our third party licensors without our written permission.
2.7.3. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Treater Services, including without limitation, and content, web pages or materials on the Treater Service or the computer codes of elements comprising the Treater Service other than as expressly permitted under these Terms. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it.
2.7.4. TRADEMARKS: Treater and "T" logo are trademarks or registered trademarks of Treater Technologies Inc. in the Canada and other jurisdictions. These marks may not be reproduced or used without our prior written permission. You may not use any metatags or any other “hidden text” using “Treater” or any other name, trademark or product or service name of Treater without our prior written permission.
In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks or trade dress of Treater and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and corporate names or logos made available via the Treater Service are the property of their respective owners. iPhone and iPad are trademarks of Apple Inc. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Treater.
2.7.5. We reserve the right to remove or reclaim your username if we reasonably consider it appropriate (such as if your username is in breach of these Terms or infringes or may infringe the rights of any other person, such as trade-mark rights).
2.7.6 Intellectual Property Concerns. If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Treater Services by providing a written notice with the following information:
- Identification of the copyrighted work or trade-mark that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Treater to locate it;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
- A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner's behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Deliver the notice to us at the following address: contact@treater.co.
- GENERAL
3.1. Social Networks. You may be able to link the Treater Service to certain of your social network accounts (e.g. Facebook). Where you do so, you agree to only use the Treater Service in compliance with the terms and conditions of those social networks in addition to these Terms. You also understand and agree that, by linking the Treater Service to your social network accounts, we may receive certain information about you that is available on your social network account, and we may receive information about your contacts who are also users of the Treater Services (for example, their name and birthday) and that we might publish some of your activities on the Treater Service onto your social network account.
3.2. Notices. If we need to notify you under these Terms, we will do so, either within the Treater Service itself (e.g. via a push notification, depending on your device settings) or by email to the email address and/or any other contact information if have for you, which you have given for your account or via the Treater Service, or by any other means we have of contacting you. If you need to notify us under these Terms, please do so by email to contact@treater.co
3.3. Transfer of these Terms.
3.3.1. We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity. In such a case, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
3.3.2. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
3.4. No Waiver. If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms, at any time in our sole and absolute discretion.
3.5. Ineffective terms, Severability. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, such part shall be severed from these Terms, and the other provisions shall continue to fully apply.
3.6. Third party rights. Except as expressly stated herein, these Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms under section 3.3.
3.7. Disputes. We will do our best to resolve any disputes over these Terms. We encourage you to contact us if you are having an issue or a problem. In the unfortunate situation where legal action does arise, these Terms and your access to and use or non-use of the Treater Services (and all other policies incorporated by reference) shall, for residents of Quebec be governed by and construed in accordance with the laws of the Province of Quebec and Canada, and shall for residents of any other province or territory be governed by and construed in accordance with the laws of the Province of Ontario and Canada. In the event of any matter, dispute or legal action arising out of or in connection with these Terms or your use or non-use of the Treater Services, you and Treater irrevocably submit to the exclusive jurisdiction of the courts of Quebec in the judicial district of Montréal. These terms shall be deemed to have been entered into and fully performed in the Province of Quebec, Canada.
- Release and Indemnification You agree to release, defend, indemnify, and hold Treater, and its affiliates, and the officers, directors, employees, agents and representatives, harmless from any and all liabilities, losses, damages, claims, suits, actions, costs, penalties, demands and expenses (including reasonable attorneys’ fees and other legal and accounting costs) that arise from or relate to your (or any party using your account): (1) use or misuse of the Treater Services, including without limitation the Treater App; (2) violation of any third party right (including, without limitation any intellectual property right, confidentiality, property or privacy right) or any disputes or issues between you and any third party; (3) your use, misuse, and or satisfaction with the Merchant Products, including without limitation, any damages due to quality, allergens, contamination, and/or food poisoning; and/or (4) violation of any of the terms and conditions of these Terms. You agree to access and use our Treater Services solely at your own risk. The Treater Services are provided to you “as is” and on an “as available” basis.
Our rights: We have the right to decide who’s eligible to use the Treater Services. We can cancel and terminate accounts or decline to offer our Treater Services (particularly if you’re abusing them or breaching your obligations). Treater Gifts Cards may be deactivated and accounts may be closed at our discretion at any time if fraud is suspected. We have the right to remove any Merchant at any time and for any reason. Further, Treater reserves the right to seek any remedies available to it under applicable law.
TREATER is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
5. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS YOUR RIGHTS AND THE LIABILITY OF TREATER.
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
5.1 Disclaimers
You agree to access and use the Treater Services solely at your own risk. The Treater Services are provided to you “as is” and on an “as available” basis. Other than any warranties stipulated by law, Treater makes no warranties of any kind, express or implied, that use of the Treater Services will be uninterrupted, error free or that the Treater Services will meet your requirements or be accurate, reliable, complete, or up-to-date; nor do we make any warranty, express or implied, as to:
5.1.1 the results that may be obtained from use of the Treater Services;
5.1.2 complete and guaranteed protection of information, including personal information, that you provide to us;
5.1.3 any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement;
5.1.4 any warranties arising out of course-of-dealing, usage, or trade;
5.1.5 your ability to activate your Treater Gift Card using a particular browser or email platform- if you experience difficulty, please contact us using the information below and provide us with an explanation of the situation and your transaction ID#;
5.1.6 any warranties whatsoever regarding any products, services, information or other material advertised, made available, or referred to you through the Treater Services, including without limitation the Merchant Products; and
5.1.7 any warranties that the Treater App, the Treater Services, our servers, or any emails or other messages sent from us are free from harmful components, such as viruses.
5.1.8 You assume all risk for all damages, including damage to your computer system, mobile device or loss of data that may result from your use of or access to the Treater Services. Any content, materials, information or software downloaded, used or otherwise obtained through the use of the Treater Services is done at your own discretion and risk.
5.1.9 Treater does not represent or warrant that your Treater Gift Card will always be accessible or accepted.
5.1.10 In no event shall Treater or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Treater Gift Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
5.1.11 Without limiting the generality of the foregoing, Treater makes no representation or warranty that: (i) a website, application, or any component of a website or application will be compatible with your computer, mobile or other device and/or software; (ii) a website, application, or any component of a website or application will be available or will function without interruption or error; (iii) the use of the website, application, or any component of a website or application, including, without limitation, the browsing and downloading of any information or material, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from a website or application will be secure; (v) the use of a website, application, or any component of a website or application will not infringe the rights (including, without limitation, intellectual property rights) of any person or entity; or (vi) the use of a website, application, or any component of a website or application will not cause any damage to your computer, mobile or other device, software or electronic files.
5.1.12 Any products and/or services described on a website, application, or any component of a website or application are offered in jurisdictions where they may be legally offered for sale.
5.1.13 The information available on or through a website, application, or any component of a website or application is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
5.1.14 Without limiting any other provision(s) of these Terms, you acknowledge and agree that Treater has no obligation whatsoever under these Terms or otherwise to correct any defects or errors in a website, application or any component of a website or application, regardless of whether you inform Treater of such defects or errors or Treater otherwise is, or becomes aware of, such defects or errors.
5.2 Limitation of liability
To the fullest extent permitted by law, in no event will Treater be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages, including but not limited to:
5.2.1 damages resulting from your access to, use of, or inability to access or use the Treater Services;
5.2.2 for any lost profits, lost revenue, data loss, or cost of procurement or substitute goods or services;
5.2.3 any errors or inaccuracies in the information contained in the Treater Services;
5.2.4 any third-party claims or losses of any nature;
5.2.5 any purchase of a third party product or service, including without limitation, a Merchant Product, based on the information contained in the Treater Services;
5.2.6 any third-party content uploaded onto or downloaded from the Treater Services; or
5.2.7 any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
5.3 To the extent permitted by applicable law, in no event shall Treater’s liability for direct damages be in excess of (in the aggregate) fifty Canadian dollars ($50.00).
5.4 This Agreement is entered between you and Treater Technologies Inc., not Apple Inc. Apple Inc. is not responsible for the Treater App or the content thereof, and has no obligation to provide any maintenance or support with respect to the Treater App. Any claims with respect to the Treater App, including without limitation any claims with respect to intellectual property rights, must be addressed to Treater, not Apple Inc. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property right, Treater, not Apple Inc., will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Apple Inc., and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. APPLE HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Treater’s sole responsibility.
6. PERSONAL DATA AND PRIVACY
Please see our Privacy Policy, which contains important information about how we use your information.
7. TEMINATION
If you breach any provision of these Terms (as determined by Treater in its sole and absolute discretion), then you may no longer use the Treater Services. We may, in our sole and absolute discretion, and subject to these Terms, change, suspend or terminate, temporarily or permanently, the Treater Services, including without limitation, any website, application, or any component of any website or application or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this agreement or your permission to use a website, application, or any component of a website or application is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of our websites, applications, or any component of a website or application, and anything relating to or arising from such use. If you are dissatisfied with a website, application, or any component of a website or application, then your sole and exclusive remedy is to discontinue using our website(s) and application(s). If the Treater Services are terminated the Treater Gift Cards may no longer be used.
8. QUESTIONS
Questions? If you have any questions or concerns regarding the Treater Services or these Terms, please contact us: contact@treater.co.