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Terms and Conditions

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You're Here : Home Terms and Conditions

Terms and Conditions

Yazou.com Inc. Terms of Website Use and Terms and Conditions Last Updated on April 21, 2010.

The use by you of this Website and the purchase by you of a Yazou Voucher through this Website is conditional upon your acceptance of these Terms and Conditions.

Before offering to buy a Yazou Voucher you must open an account with us.

We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

Information about us

www.yazou.com and related microsites our "Website" is a site operated by Yazou.com Inc. We are registered and incorporated in Canada.

Purchasing Yazou Vouchers

We negotiate offers which are referred to in these Terms and Conditions as Deals with various suppliers of goods and services on behalf of our customers.

We are not the supplier of the goods and/or services under the Deal these will be supplied by the Merchant, upon whose behalf we issue the Yazou Vouchers and who is responsible for redeeming the Yazou Voucher which you have purchased. The Merchant has agreed with us that it will redeem the Yazou Vouchers bought through this site.

Your status

By placing an order through our site, you confirm that:


You are legally capable of entering into binding contracts;
You are at least 18 years old.
You grant us an irrevocable non-exclusive license to use for any purpose any content you post on our Website or otherwise communicated to us via any media.

How the contract is formed between you and us

When you complete the online purchase, we shall send to you as soon as reasonably practicable the Yazou Voucher you offered to buy after receiving payment from you in respect of it.

Our status

The Merchant is the seller of the goods and/or services under the Deal and shall be responsible for ensuring the Deal and the goods and/or services provided thereunder comply with all applicable law .

Yazou's obligations under this Agreement are solely to issue the Yazou Voucher to you under the Deal. Yazou is not the seller of such goods and/or services the subject of the Deal and the Merchant is solely responsible for supplying such goods and/or services and redeeming any such Yazou Voucher in respect of the same pursuant to their Terms and Conditions of sale.

Yazou disclaims any and all responsibility or liability in relation to the Deal made available on the Website and any goods or services supplied in relation to it to the maximum extent permissible by law. Neither Yazou nor its officers, employees or Affiliates may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of all or any goods or services sold or agreed to be supplied pursuant to the Deal.

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller and/or Merchant. We may disclose your customer information related to the Yazou Voucher that you have purchased for the Deal to the Merchant.

Ambassador Earnings will only be paid to you if your correct first name, last name, and mailing address are updated and current in your profile.

Consumer rights

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Yazou Voucher (provided that you have not exchanged the Yazou Voucher for the goods and services under the Deal in that time). In this case, you will receive a full refund of the price paid for the Yazou Voucher in accordance with our refunds policy.

To cancel a Contract, you must inform us in writing within 30 days of purchase. We shall cancel your Yazou Voucher and you must also destroy any Yazou Voucher held electronically or in printed form. This provision does not affect your statutory rights.

Price and payment

The price of any Yazou Voucher in relation to a Deal will be as quoted on our site from time to time, except in cases of obvious error.

If there is an obvious pricing error in relation to the Deal which could have reasonably been recognized by you as a mis-pricing then we have the right to cancel any Yazou Voucher issued in respect of the Deal and issue you a refund in respect of the same.

Payment for all Products may be made by credit card. We will preauthorize your credit card, when you offer to buy a Yazou

Our refunds policy

If we are providing a refund:

because you have cancelled the Contract between us in accordance with this Agreement and within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Yazou Voucher in full. We will usually process the refund due to you as soon as possible. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. If for any reason, a merchant refuses to honour an expired Yazou voucher, which is still valid under state law, or provinical law, Yazou will provide a full refund for that unused voucher.

License

If you want to share the content on our site with your friends we are happy for you to do so, but please use the sharing tools provided.

You are permitted to print and download extracts from the Website for your own use on the following basis:


no documents or related graphics on the Website are modified in any way;
no graphics on the Website are used separately from the corresponding text; and
our copyright and trademark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by our licensors or us. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with these Terms and Conditions for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

Subject to these Terms and Conditions, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in these terms are reserved.

Service access

While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor material and conduct

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from the Website any material:

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licenses and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).

We shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.

Links to and from other websites

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

Registration

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Our liability

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Yazou Voucher you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.


We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:


loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable].
Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms and Conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:


Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms and Conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our site.

Dispute Policy

If you believe any content posted by another user is in breach of these terms or in any other way infringes your rights, you can send us a formal notice (a "Moderation Notice"):

A Moderation Notice should be sent either:

 

By Post: to our current registered office, marked for the attention of "The Legal Department"; or
By Email: to This e-mail address is being protected from spambots. You need JavaScript enabled to view it
The Moderation Notice should include details of:


the date, time and listing of the comment(s)/content concerned;
the action that you wish us to take in respect of the comment(s)/content; and
the basis on which the action requested is requested (e.g. alleging it to be defamatory, abusive or otherwise in breach of these terms).
On receipt of the Moderation Notice, we shall, in most circumstances:


immediately suspend the comment(s)/content concerned;
commence an investigation into it/them; and
contact the user(s) concerned:

 

with a copy of your Moderation Notice;

 

giving them an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your Moderation Notice; and

 

requesting that they respond to us within 21 days.
If we do not receive a response from the user(s) within 21 days, we will permanently delete the relevant comment(s)/content.

Once we have received a response from the user(s), we will take a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.

Once we have taken our decision, we will notify you and the user(s) concerned as soon as possible. When notifying you of the decision, we will attach a copy of the user(s)' representations (if any), redacted to protect their identity.

For the purposes of openness and fairness, we will send copies of all relevant correspondence addressed to it to all parties, again redacted where appropriate to protect the user(s)' identity.

Our right to vary these Terms and Conditions

We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

Law and jurisdiction

This Agreement and any dispute arising out of if will be governed by Ontario Provincial laws, or Canadian laws. Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario

Where to Direct Questions About Yazou.com's Privacy Policy. If you have any questions about this Privacy Policy or the practices described herein, you may contact:

Customer Service
yazou.com Inc.
xxxx
xxxxxx
xxxxxxx

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