The following Terms (together with any documents referred to in them and collectively referred to as these “Terms”) apply to Your use of www.go-pamper.com (“Website”) and any User Content (as defined below), functionality and services offered on or through the Website and any future software applications, (collectively referred to as the “Service”).
go pamper (“go pamper”) owns and operates the Website, including the mobile and touch versions of the website. The Website is an on-line interactive aggregator, where and through, certain merchants (“Merchants”) sell Promotions (“Promotion(s)” or “Merchant Offerings”). Merchants are the sellers and issuers and of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods/services/gift cards provided. Amongst other features, Merchants can advertise and market their goods/services/gift cards. More information about the distributor of a particular Promotion(s) is available upon request. go pamper is not an agent of Merchants. Certain Merchant Offerings and pricing on the Website may change at any time in go pamper’s sole discretion, without notice.
Please read these Terms carefully as they constitute a binding, enforceable legal agreement once You register, access, and use the Service.
go pamper is owned and operated by go pamper Ltd., an Alberta corporation (“We”. “Us” or “Our”).
“You” are either an individual or business using this Service (also referred to as “Your”). If You sign up for the Service on behalf of a company or other entity, You represent and warrant that You have the authority to accept these Terms on their behalf.
go pamper is based in the province of Alberta in Canada. We make no claims that the Service or any of its content isaccessible or appropriate outside of Canada. Access to the Service may not be legal by certain persons or in certain countries. If You access the Service from outside North America You do so on Your own initiative and are responsible for compliance with local laws.
These Terms and any Additional Terms below (collectively referred to as the “Terms”) will be updated and revised from time to time in Our sole discretion without further notice to You, and the amended Terms will be posted on this page and dated. Your continued use of the Service means that You accept and agree to the changes as they occur. If You do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service.
These Terms constitute the complete agreement between You and go pamper, and Your rights/obligations toward other users of our Website. We may change the Terms at any time by posting a revised Terms of Service on this page; such changes will be effective upon posting. Please carefully read the entire Terms.
- Use of Service
You agree to use the Service only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party:
- You must be at least 13 years of age to use the Service. Use of the Service is void where prohibited.
- You are able to create a binding legal obligation;
- You are not barred from receiving products or services under applicable law;
- You will not attempt to use the Website with crawlers, robots, data mining, or extraction tools or any other functionality;
- You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You will only make purchases on the Website for your own use and enjoyment or as a gift for another person;
- You have the right to provide any and all information you submit to the Website, and all such information is accurate, true, current, and complete;
- You will update and correct information you have submitted to the Platform, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account); and
You and others may use many features of the Service without becoming a registered user, however, certain portions of the Service may be secured or otherwise protected from access except for authorized users with valid login and password information. Unregistered users of the Website may be able to view Content you post and purchase as a registered user.
We may contain links to third-party websites, advertisers, or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. If You access a third party website from our Website, You do so at Your own risk, and You understand that our Terms do not apply to Your use of such sites. You expressly release Us from any and all liability arising from Your use of any third-party website or services or third party owned content, and your dealings with such third parties.
- Modified terms
- Your Account (if applicable)
You may only create and hold one account on the Website for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that go pamper shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
If You are creating an account or claiming a listing on behalf of a business, then You represent to Us that You are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than Your own, nor can You create multiple accounts or business listings except as otherwise authorized by Us, or provide or use false information to obtain access to a business’ listing on the Service that You are not legally entitled to claim.
The Website may permit you to make purchases without an account or without logging in to your account by using the guest checkout feature. If you make a purchase in this manner and you do not already have an account with us, we will create an account for you if necessary, based on the information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information). You may later claim this account by creating a password for the account.
You agree to notify Us immediately of any unauthorized use of Your account by emailing Us at firstname.lastname@example.org
- Your Content
You own all content You submit to the Service, including but not limited to account and profile information, reviews, images, messages, and any other materials (“Your Content”). By submitting Your Content You grant Us an irrevocable, perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Service and third party websites, mobile applications and other platforms who obtained Your Content from Us (“Third Party Service”) the same right You have granted to Us herein to use Your Content in connection with their use of the Service and Third Party Service. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Service, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Us, any Third Party Service and our and their users.
You are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by You of information in Your Content that makes You personally identifiable. You may be held liable for Your Content.
In submitting Your Content to Us, You represent that:
- You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
- Use of Your Content by Us, Third Party Service and our and their users will not violate or infringe any right of yours or any third party.
With regard to Your Content which is images, You agree that at least one of the following is met:
- You have taken the photograph or created the artwork being submitted;
- You own the rights to the image; or
- You have explicit permission from the rights-holder to submit such image or artwork for use on our Service and Third Party Service and to grant the rights You have granted herein.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to You under any circumstances.
- Our Content
We are the sole and exclusive copyright owners of the Service and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with Your account and all other elements and components of the Service excluding Your Content and third party content (“Our Content”). We also exclusively own or license the Intellectual Property rights associated with the Service and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by Us. Except as otherwise expressly granted to You in writing, we do not grant You any other express or implied right or license to the Service, Our Content or our IP Rights.
- No Endorsement of Content
Some of the content available through the Service may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Service. We do not screen or investigate third party material before or after including them on our Service. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Service. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Service, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Service are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from Your reliance or use of the Service, any Third Party Service or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
- Prohibited Use and Content
You shall not Use the Service for:
- Emails offering to sell illegal goods or services;
- Emails that violate CAN-SPAM Laws;
- Online trading, day trading tips, or stock market-related content;
- Multi-level marketing;
- unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable postings or use;
- material that violates the standards of good taste or the standards of the Service;
- Violation of any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- material that is illegal, or that violates any federal, province, or local law or regulation;
- language or images intended to impersonate another person;
- Disguise or attempt to disguise the origin of Your Content;
- a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
- Assert or imply that Your Content is in any way sponsored or endorsed by Us; or
- Contain material that is not in English;
- Dishonest or malicious reviews;
You shall not:
- use, copy, modify, or prepare derivative works of the Website or any part thereof;
- distribute, re-distribute, lease, sublicense, encumber, lend, give, transfer, assign or otherwise make all or any port on of the Website available to any third party, except as expressly authorized in this Agreement;
- reverse engineer, decompile or disassemble the Website or cause or allow discovery of the source code of the Website or attempt to do so, except to the extent the foregoing restriction is expressly prohibited by applicable laws;
- attempt to modify the Website or derive its source code;
- create any programming code, scripts or application that will attempt to access Website interfaces and stored data;
- send anything offensive, promote anything illegal, or harass anyone through the Service;
- Use the Service for illegal or unauthorized uses;
- Impersonate any person or entity;
- “Stalk” or harass other users or persons;
- Falsely state or misrepresent Your affiliation with another person or entity;
- Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
- Access or use the account of another user without permission;
- engage in any irresponsible email marketing of any kind whatsoever;
- alter or modify any part of the Service;
- use the Service in a way that violates any laws or regulations.
- use the Service for anything purpose other than its Purpose;
- send unsolicited bulk email;
- use any device, software or routine to interfere or attempt to interfere with the proper operation of the Service.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” and the like or any manual process that accesses the Service in a manner:
- that sends more request messages to the Our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
- transmission, or procurement the sending of, any mass advertising or direct solicitation material.
- impersonating or attempting to impersonate Us, any of our employees, another user, or another person or entity(including, without limitation, the use of email addresses or screen names associated with or confusingly similar to any of the foregoing).
- Distribution unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other messages for any purposes;
Additionally, You agree not to Use
- the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
- for any other unauthorized purpose
- any device, Service or routine that interferes with the proper working of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
- attack the Service via a denial-of-service attack or a distributed denial-of- service attack or otherwise attempt to interfere with the proper working of the Service.
- Terminating Your Account
We may refuse Member registration, close Your Account, and change eligibility requirements at any time, furthermore:
You are solely responsible for Your interactions with Your Customers and the Use of the Service. In the event of disputes with Your Customers, we reserve the right to terminate Your Account without further notice to You and without any refund to You of any fees.
We may permanently or temporarily terminate, suspend, or otherwise refuse to permit Your access to the Service without notice and liability, if, in Our sole determination, You violate any of the Agreement, including the following prohibited actions herein.
You or We may terminate these Terms at any time and for any reason by giving ten (10) days written notice to the other party by email.
Once terminated, we may permanently delete Your Account/Profile and all the Content associated with it.
- Intellectual Property Rights
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You shall respect our proprietary rights in the Service and the Website. The Service and its entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Us, our licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other Intellectual Property Rights and/or proprietary rights laws.
Certain names, words, titles, phrases, logos, icons, graphics, domain names, or designs, or other content on this Website, are trade-marks or trade names owned by or used under license by go pamper. All trade-marks of go pamper, are marked with either the TM or ® symbol.
All content on this Website is the subject of copyright protection and may not be used except for the Purpose. We do not provide any warranties and do not make any representations as to the accuracy of the content of the Website. We assume no liability or responsibility for errors or omissions on this Website. Without notice, We may change the content, or change its products and/or services. The web content may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purpose other than expressly licensed to You in these Terms.
- Privacy and Security
We make efforts to maintain the security of user submissions. However, we do not guarantee the security of the Service, our records, Your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on Your computer.
- Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE SERVICE AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE SERVICE. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE SERVICE. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE SERVICE AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR SERVICE WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE.
- Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE SERVICE, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NON-PERFORMANCE OF ANY BUSINESS IN CONNECTION WITH THE SERVICES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE SERVICE.
You agree to indemnify, defend, and hold harmless Us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) Your unauthorized use of the Service, or products or services included or advertised in the Service; or (iii) Your breach of these Terms.
- Content Fees
Content, messaging, or other ISP and carrier fees may apply in Your use of the Service on any mobile device or format and You are solely liable and responsible for any such fees.
- Your Representations and Warranties
You represent and warrant that:
- Your Use of the Service shall comply with all applicable laws and regulations.
- You are responsible for determining whether Our Services are suitable for You to use in light of any legislation and regulations like privacy legislation, data use, and/or other laws;
- You comply with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where You are using the Service and that You collect, store, use, and transfer all Content and User Content relating to any Customer in
- Governing Law and Courts
- Force Majeure
We shall not be held liable for any delays or failure in performance of any part of the Service, from any cause and/or from any beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
- Severability and Waiver
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of theTerms of will continue in full force and effect. Further, Our failure to exercise or enforce any right or provision of theTerms shall not constitute a waiver of such right or provision.
Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. Additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms shall be incorporated into these Terms whenever You access and use the Service. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall take precedence.
By providing Us Your email address You consent to our use of that email address to send You Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt out or change the frequency of many Service-related communications by going to Your “Settings” on the Website. We may also use Your email address to send You other messages, including invitations to join the Service as a Member, changes to features of the Service, events, and special offers.
If You do not want to receive such email messages, You may opt out by emailing us. Opting out may prevent You from receiving email messages regarding updates, improvements, offers, or events.
Any notice to You will be effective when we send it to the last email or physical address You gave us or posted on our Website. Any notice to us will be effective when delivered to us: email@example.com
- Entire Agreement
You are contracting with go pamper.
ADDITIONAL TERMS FOR BUSINESSES
You may upload/input business information, gift cards, Promotion(s), service promotions, product promotions, pictures, your trade-marks, logos, specials, discounts and educational information (“Information”) and by posting any Information on the Service, You expressly grant, and You represent and warrant that You have a right to grant to Us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and mafgiftke derivative works of all such Information and Your business name and trade-marks, as contained in Your Information, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service. Without limiting the foregoing, You further grant to We the right to use, reproduce, distribute, and license to others Your Information in any non-personally identifiable manner, in any manner of media whatsoever.
You are solely responsible for Your Information that You upload, publish, display, link to or otherwise make available on the Service, and You agree that We are only acting as a passive conduit for Your communication and interaction with Your Customer and handling of the Information.
You shall not facilitate Information that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
- contains any information or content that is illegal;
- contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or
- contains any information or content that You know is not correct and current.
You agree that any of Your Information shall not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy.
We take no responsibility and assume no liability for any Information that You or any third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Information that You send, upload, download, stream, post, transmit, display, or otherwise make available or access through Your Use of the Service, is solely Your responsibility.
We are not responsible for any public display or misuse of Your Information. You understand and acknowledge that You or Your Customer may be exposed to Information that is inaccurate, offensive, indecent, or objectionable, and You agree that We shall not be liable for any damages You allege to incur as a result of such Information.
We claim no intellectual property rights over the Your Information. Your profile and Information uploaded remain Your Intellectual Property. You represent and warrant that You own or control all rights in and to the Information and have the right to grant the Company and its affiliates the license granted above. You represent and warrant that all of YourInformation do and will comply with these Terms, and You agree to defend, indemnify and hold Us and its affiliates and licensors harmless for any breach of that representation and warranty, and You agree and acknowledge that We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of theService.
You grant a non-exclusive, royalty-free license to Us to publish Your Logo on the Service.
You warrant and represent that You own all rights to display, reproduce and distribute the Logo, including reprints, photographic reproduction, micro form, or any other reproductions of similar nature, and translations in any form of media in Canada.
That the Logo is original work and does not infringe on the copyright or other proprietary rights of any third party.