LEGAL NOTICE – USER AGREEMENT
PLEASE READ THE FOLLOWING DISCLAIMER AND TERMS AND CONDITIONS CAREFULLY. By accessing and using www.astralradiodeals.com (the Site), you (the “User” or “you”) fully accept to be bound by the terms and conditions governing the Site. If you have not already done so, please familiarize yourself with these terms and conditions in question. If you do not agree with these terms and conditions, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.These terms and conditions are subject to change from time to time. Any such changes can be viewed at the same URL address as the original Legal Notice. If you visit or use the Site after a change or update has been made, your subsequent use of the Site shall be construed as your acceptance of such changes.
1. TERMS OF USE OF THE SITE
COPYRIGHTS AND TRADEMARKS
All of the names, titles logos and designs on this Site used to identify our products and brands, including all derived and related names, titles logos and designs, are trademarks and the sole property of Astral Media Radio Inc. or of any of its subsidiaries, affiliates or divisions (hereinafter, “Astral”). All other names, titles, logos and designs appearing on the Site are the property of their respective owners.
This site contains copyrighted material, trade-marks and other proprietary information, including without limitation, text, photographs, graphics, images, illustrations, music, audio content, video content, software and other content (collectively, the "Material"). This Material along with the entire contents of the Site is protected by copyright as a collective work and/or compilation under Canadian copyright laws, international conventions and other copyright laws. Astral owns the copyright to the original Material and to the selection, coordination, arrangement and enhancement thereof.
The Material may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, in part or in whole, without Astral’s express written consent, with the exception that you may, where possible, download one copy on any single computer for your personal, non-commercial home use exclusively, provided that (i) you keep all copyright and other proprietary notices intact, (ii) you do not modify the Material in any way, (iii) you do not use the Material in a manner that suggests an association with any of Astral’s products, services, or brands, and (iv) you agree that you do not acquire any ownership or rights of use in the Material.
By accessing the Material in the Site, you agree abide by the terms and conditions herein with respect to copyright and trademarks laws.
Unauthorized use of the Material may result in penalties in accordance with applicable Canadian laws. It is strictly forbidden to use or manipulate any of the trademarks, service marks, logos or characters found on this Site. “Astral”, “Astral Media”, “Astral Media Radio”, “Astral Radio Deals” and their associated logos are all trademarks of Astral.
LINKS
This Site may contain links to third party websites. All third party websites are independently operated and their content is neither edited nor approved by Astral. The presence of such links is not to be construed as an endorsement, seal of approval or guarantee of any kind regarding the products or services advertised on these third party websites. Users link to third party websites at their own risk. Third party websites may in turn link to this Site, but may not duplicate any of its content. Under no circumstances may a third party imply that Astral in any way endorses or is associated with said third party, its website or its products. Third party sites that link to this Site must not contain any distasteful, offensive or controversial content and should exclusively contain content that is appropriate for all age groups. Astral may, at any time and at its sole discretion, withdraw a third party's link rights.
RULES OF CONDUCT
Users shall refrain from submitting any content to this Site which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes third party intellectual property laws or violates any other laws. The Site must not be used to solicit customers or sell products or services. Users may not use the Site’s e-mail service to send unauthorized or unsolicited e-mails including “spam”.
In the event of any violation of these terms of use, Astral may immediately terminate your use of the site and you shall indemnify Astral and its representatives for any and all resulting third party claims, as the case may be.
The use of this Site is subject to Astral’s Privacy Policy which is available on this Site.
JURISDICTION
It is strictly prohibited to integrate the contents of the Site into a third part website, through framing or otherwise, without the express consent of the owners of the copyrighted information contained therein. This Site is controlled and operated by Astral in Canada with the approval of the copyright and trademark owners. Astral does not guarantee that the information contained on this Site is applicable or accurate in other jurisdictions nor does it guarantee that the Deals featured on this site are available for purchase or use in other jurisdictions.
2. GENERAL CONDITIONS OF SALE
YOUR ACCOUNT WITH ASTRAL RADIO DEALS
You will need to register by creating an account in order to take advantage of the Deals offered on this Site, as more thoroughly described below. You will not be able to purchase any Deals until you have successfully created your account. When you register, you will obtain unique log-in credentials (a “User ID”). You are responsible for preventing any unauthorized use of the User ID and password associated with your account.
Any and all access to the Site by persons using your User ID is solely your responsibility. Please notify us immediately if you become aware that your User ID is being used without authorization by sending an e-mail to info@aubainesastralradio.com.
By creating an account, you agree to provide only accurate, complete registration information, and to keep that information up-to-date if it changes.
DEALS
Astral Radio Deals provides Users with the opportunity to purchase goods and services from Merchants at a reduced rate during a limited period of time (a “Deal”). The Merchant is solely responsible for providing the goods and services purchased through the Site. Astral Radio Deals acts as an agent only and is not the actual seller or provider of the goods and services in question.
Each Deal has specific terms associated with the Deal. Deal specific terms supersede any inconsistent terms in this User Agreement.
By placing an order for a given Deal, you are offering to purchase the Deal you have selected on the terms, restrictions and conditions associated with that Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. A gift certificate which can be redeemed for goods and services at the Merchant issuing the Deal (a “Voucher”) will then be sent to you by mail.
Astral’s receipt of an order does not automatically result in its acceptance or signify that Astral has committed to selling you the Deal in question.
VOUCHERS
You are solely responsible for your Voucher. Neither Astral nor the Merchant issuing the Voucher shall be held liable for a Voucher that is stolen or lost.
The following terms apply to all Vouchers:
- Vouchers have no cash value, unless otherwise required by law;
- Duplicate use, sale or trade of a Voucher in violation if these terms and conditions is strictly prohibited, except as required by law;
- Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant and may be subject to applicable laws;
- The issuance of a credit for partial redemption of a Voucher is at the sole discretion of the Merchant;
- Unless otherwise stated, there is a limit of one (1) Voucher per person per Deal;
- Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher,
- Vouchers cannot be used for tips, shipping or handling, or for covering prior balances, as applicable
Vouchers might only be redeemable at specific branches/locations and might not be redeemable by persons residing outside of Canada.
COSTS AND PAYMENT
The only payment method currently accepted is credit cards (MasterCard and Visa only).
Transactions will only be processed when Astral Radio Deals has ascertained that all of the information provided in your order is complete and accurate.
The cost of a Voucher is indicated on the page on which you will be prompted to enter your credit card information. Shipping costs will be added to the price of the Voucher.
All prices are in Canadian dollars.
Vouchers are not refundable unless: (1) the Merchant refuses to honor the Voucher in accordance with the terms and conditions noted on the Voucher; or (2) the Merchant ceases to operate or goes out of business. In either case, requests for refunds must be made within the first year following the purchase of the Voucher on the Site and must include (i) the original Voucher, (ii) the e-mail confirmation you received at the time of purchase containing your unique transaction number, and (iii) a brief explanation of the facts justifying your request for reimbursement and including the original transaction date, all of which must be sent to Astral at the following address: 1717 René-Lévesque Blvd. East, Montreal, Quebec, H2L 4T9.
MERCHANT RESPONSIBILITY
Merchant is the issuer of the Voucher and, as such, is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.
CONFIDENTIALITY
Astral’s Privacy Policy explains how we collect, use and share your personal information. This Privacy Policy forms a part of this User Agreement and can be viewed here: http://www.astral.com/en/privacy-policy.
TERMINATION
This User Agreement is effective until terminated by either party. The User may terminate this User Agreement at any time by destroying all materials obtained from this Site. Astral may terminate this User Agreement without notice if, at its sole discretion, Astral deems that the User has failed to comply with any term or provision hereunder. Upon termination, the User must destroy all materials obtained from this site and any and all copies thereof, whether made in accordance with the terms of this agreement or otherwise. Notwithstanding the foregoing, any Voucher for a Deal issued prior to the termination of this User Agreement shall be honored in accordance with the terms and conditions of the present User Agreement as well as the applicable terms of the Voucher in question.
The User shall refrain from submitting any content to Astral which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, or violates intellectual property laws or other laws. Should the User fail to comply, Astral may immediately terminate this User Agreement and the User shall indemnify Astral and its representatives for any and all resulting third party claims.
DISCLAIMER
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASTRAL DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS AS TO THE ABSENCE OF COMPUTER VIRUSES OR THE CORRECTNESS, ACCURACY, QUALITY OR RELIABILITY OF THE SITE’S CONTENT. THE USER SHALL ASSUME ALL RESULTING COSTS FOR NECESSARY CORRECTIONS, REPAIRS, AND/OR SERVICE FEES AND RELEASES ASTRAL THEREFROM. ASTRAL DOES NOT GUARANTEE THAT THIS SITE IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES OR THAT SUCH DEFECTS WILL BE DISCOVERED OR CORRECTED. ASTRAL ALSO PROVIDES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS SITE. AT ANY TIME AND WITHOUT PRIOR NOTICE, ASTRAL RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY OR UPDATE THIS SITE AND THE DISCLAIMERS, TERMS AND CONDITIONS CONTAINED HEREIN.
YOU ACKNOWLEDGE AND EXPRESSLY AGREE TO FULLY ASSUME ANY RESIKS ASSOCIATED WITH THE USE OF THIS SITE. YOU AGREE TO INDEMNIFY ASTRAL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THIS SITE INCLUDING POSTING, UPLOADING OR SUBMITTING MATERIALS OR CONTENT TO THIS SITE OR TO ANY FORUM, FROM THE PURCHASE OF A VOUCHER, FROM AN ACT OR OMMISSION ON BEHALF OF THE MERCHANT WITH RESPECT TO THE USE OF A VOUCHER OR THE PROVISION OF GOODS AND SERVICES IN EXCHANGE THEREOF, OR FROM YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ASTRAL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE (OR YOUR ACCOUNT) OR TO PURCHASE A SPECIFIC DEAL, EVEN IF ASTRAL OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASTRAL'S LIABILITY TOWARDS A USER FOR DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY USER, IF ANY, FOR ACCESSING THIS SITE OR FOR PURCHASING A DEAL. USERS MUST TAKE REASONABLE PRECAUTIONS TO ENSURE COMPUTERS ARE VIRUS FREE AND THAT THEY RETAIN A BACKUP OF THEIR FILES BEFORE ATTEMPTING TO DOWNLOAD ANY MATERIAL OFF A WEB SITE. THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ASTRAL RESERVES THE RIGHT TO MODIFY OR UPDATE THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION.
GOVERNING LAWS / ENTIRE AGREEMENT
These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Quebec for Users purchasing Vouchers which can be used only in Quebec and the laws of the Province of Ontario for Users purchasing Vouchers applicable elsewhere in Canada. The laws of Canada applicable therein will also apply notwithstanding any provision regarding conflict of laws. If any provision is deemed unlawful, void, or unenforceable, then such provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. The present Legal Notice constitutes the entire agreement between the parties relating to the use of this Site and shall not be modified except by Astral, from time to time, in accordance with the provisions set out herein above. Astral's failure to insist upon or enforce strict performance of any provision contained herein shall not be construed as a waiver of any right on its part.
