Terms & Conditions
Welcome to jewelsdepot. In order to use this website, you must agree to these terms and conditions of use. operates the business or send offer and the website located at www.send offer.ca and provides you with access to this website subject to these terms and conditions of use.
1. PERMITTED USES
The Site provides an interactive online service operated by send offer, consisting primarily of promotion and marketing of offers made by certain businesses (“Merchants”) to End Users through the Site including, among other offers, vouchers for goods and/or services offered for purchase by Merchants through the Site (“Voucher”). Each End User must provide (a) all equipment necessary for their own Internet connection, including computer and modem, (b) provide for the End User�s access to the Internet, and � pay any fees related to such connection. Vouchers may be purchased from Merchants by send offer account holders (“Members”) and exchanged for goods and services from the issuing Merchants or other parties identified in the Fine Print applicable to such offer and subject to the Terms of Sale applicable to all transactions conducted through the Site and set forth below. As a condition of your use of this Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or send offer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, send offer has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). All decisions concerning limited access to the Site or termination of your account is at send offer sole discretion and all decisions are final unless otherwise notified.
2. MEMBER ACCOUNT, PASSWORD AND SECURITY
2.1 You will create a password which, upon completing the Registration Data process, will be associated with your account. You are responsible for maintaining the confidentiality of the password for your Member account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify-send offer of any unauthorized use of your password or account or any other breach of security. send offer recommends that you exit from your account at the end of each session if using a public computer. send offer cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
2.2 If you create an account on our Site, you may only create and hold one account, and you are solely responsible for managing such account. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed Vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your send offer account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
3. AVAILABILITY OF THE SITE
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. send offer retains the right at our sole discretion to deny service, or access to the Site to anyone or any account, at any time and for any reason.
4. MODIFICATIONS AND INTERRUPTION TO SERVICE
Send offer reserves the right to modify or discontinue the services offered through the Site with or without notice to the Member. send offer shall not be liable to any Member or any third party should send offer exercise its right to modify or discontinue the services provided through the Site. Member acknowledges and accepts that send offer does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of the control of send offer.
5. OWNERSHIP OF THE SITE.
The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, transfer, create derivative works from, publish, license, or sell or re-sell any software, information, products or services obtained from or through the Site.
6. TRANSMISSION OF INFORMATION:
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cant be and are not responsible for, the security of information that you choose to communicate with send offer and the Site while it is being transmitted. In addition, send offer is not responsible for any data lost during transmission.
7. YOUR CONDUCT ON OUR SITE:
9. TERMS OF SALE
9.1 Vouchers may only be purchased by send offer Members. Vouchers purchased on the Site by you as a send offer Member are special promotional offers made by participating Merchants that you accept and purchase directly from the participating Merchants through our service. The Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher and fulfilling the terms of the Voucher. By placing an order for a Voucher, you are accepting the offer made by the Vendor in connection with the specific Voucher you have selected pursuant to the terms of this Agreement, the terms on the Voucher itself and any additional Fine Print specific to the Voucher disclosed at the time of purchase. In the event of a conflict between the terms of this Agreement and the Fine Print, the Fine Print will govern. You agree that send offer has the right to stop making any specific Offer available for acceptance through the Site for any reason, at any time and without notice to the End User.
9.2 There are two separate parts to each Voucher: (i) the purchase value, being the sum of money actually paid for the Voucher (the “Purchase Value”) and (ii) the promotional value, being the value in excess of the Purchase Value represented by the Voucher (the “Promotional Value”). Together the Purchase Value and the Promotional Value add up to the full offer value of the Voucher and appear on the Voucher. The Purchase Value does not expire until it is used, refunded or credited back to a Member. The Promotional Value will expire by the date stated on the face of the Voucher unless applicable law prohibits the Promotional Value from expiring. For example, if you pay $10 for a Voucher that gets you $30 of goods or services from a Merchant, the full offer value is $30, the Purchase Value is $10 which is the amount that does not expire until it is used, refunded or credited back to the Member. The Promotional Value is $20 and it expires on the date stated on the Voucher (unless, and only to the extent that, expiration of the Promotional Value is prohibited by law).
9.3 If the redeeming Merchant refuses to honor a Voucher, send offer will refund the Purchase Value of the Voucher in the original form of payment within 14 days, or will credit your send offer account with a number of “send offerBucks” equivalent to the Purchase Value for future purchases on the Site. If the redeeming Merchant goes out of business, send offer will credit your account with a number of “send offerBucks” equivalent to the Purchase Value for future purchases on the Site. send offerBucks are subject to the terms set out in Section 10 below. Refunds or credits may take up to 30 days to process.
9.5 The Merchant is the issuer of the Voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release send offer and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the services/goods it provides in connection with it.
10. TERMS APPLICABLE:
TO send offer BUCKS “send offer Bucks” are a form of credit that send offer may issue to Members from time to time in its sole discretion (“send offer”). send offer Bucks may be used by Members as a credit towards future purchases made through send offer. Piggy Bucks can be obtained in one of two ways: (1) as a Member of send offer, send offer will credit your account with 5% on every dollar spent of each purchase made by you on the Site in the form of send offer Bucks which will be awarded to you after each purchase made (“Incentive send offerBucks”); and (2) send offer Bucks may, in the sole discretion of send offer, be credited by send offer to a Member�s account as a full and complete refund for the Purchase Value of a Voucher, which the Member acknowledges and agrees will constitute a full refund of such Purchase Value and such Member will have no further rights under the Voucher for which such Purchase Value was originally paid (“Refund send offer Bucks”). Incentive send offer Bucks expire five years after the date of issuance. Refund send offer Bucks will not expire. send offer Bucks have no monetary value and are not returnable or refundable for cash. Resale of send offer Bucks is strictly prohibited. send offer reserves the right to change the terms and conditions applicable to send offer Bucks or to cancel a Member�s send offer Bucks at any time, at send offer�s election and for any reason, without prior notice.
11. MODIFICATION OF THIS AGREEMENT:
12. COPYRIGHT AND TRADEMARKS
12.1 Everything located on or in this Site is the exclusive property of send offer or is being used with permission. ANYPOSTING, COPYING, TRANSMITTING, LINKING, DEEP LINKING, DISTRIBUTING, OR OTHERWISE MODIFYING OFTHIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF send offer ISPROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
12.2 This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, video, graphics, software, photos, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the Canadian copyright laws. send offer owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not publish, transmit, modify, create derivative works, participate in the transfer or sale, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of send offer or the copyright owner is permitted. If redistribution, copying or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
12.3 “send offer” other trademarks that are located within or on the Site otherwise owned or operated in conjunction with send offer shall not be deemed to be in the public domain but rather the exclusive property of send offer, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of send offer unless otherwise stated.
13. DISCLAIMER OF WARRANTY THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USEOF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHERsend offer, ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIRSHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, REPRESENT OR WARRANT THAT USEOF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO SUCH PARTIES REPRESENT OR MAKEANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THECORRECTNESS, RELIABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERSPROVIDED THROUGH THIS SITE. send offer HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS,WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSEOF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE, THE ABOVE-REFERENCED EXCLUSIONS OF IMPLIED WARRANTIES ARE INAPPLICABLE ONLY IN SUCH JURISDICTIONSAND ONLY TO THE EXTENT THE SAME ARE NOT PERMITTED IN SUCH JURISDICTIONS.
14. LIMITATION OF LIABILITY IN NO EVENT:
We will make every reasonable effort to resolve any disagreements that you have with send offer. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against send offer arising out of, relating to, or connected in any way to the existence, application, interpretation, implementation, breach or validity of this agreement, your use of this Site or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the Canadian Arbitration Association using the Canadian Arbitration Association Arbitration Rules. The parties agree that the Canadian Arbitration Association Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. You further agree that (a) the arbitration shall be held in Toronto, Ontario, (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and send offer, (b) the arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario), � there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or send offer�s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, send offer will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart � above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Canadian Arbitration Association Arbitration Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart � is found to be invalid, unenforceable or illegal, then the entirety of the arbitration provision set out in this Section 14 shall be null and void, and neither you nor send offer shall be entitled to arbitrate their dispute. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
16. WEBSITES OF OTHERS The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
17.1 You agree to defend, indemnify and hold harmless send offer, its subsidiaries, affiliates and their respective directors, officers, shareholders, employees and agents from and against all claims and expenses, including lawyer�s fees and costs, arising out of or related to any products or services purchased by you in connection with the Site, in connection with other users of the Site using your computer or any use of the Site in violation of these Terms.
17.2 You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release send offer from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant�s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.