PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
FUNDSAVER Inc. (“Fundsaver”) PROVIDES YOU ACCESS AND USE OF FUNDSAVER SERVICES, AND WEBSITES/APPS SUBJECT TO YOUR COMPLIANCE WITH THESE RULES, TERMS AND CONDITIONS OF USE (“Terms”). BY ACCESSING, BROWSING AND USING THESE WEBSITE(S) (“Site/App”), YOU AGREE TO BE BOUND BY THE TERMS AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND APPLICABLE LAWS EACH TIME YOU USE THESE SITE/APPS, OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS, YOU SHOULD NOT USE THESE SITE/APPS.
Fundsaver grants you access to the service (the “Site/App”), conditioned upon your acceptance of these Rules, Terms and Conditions of Use (the “Agreement”).
BY DOWNLOADING, INSTALLING OR USING THE SITE/APP, YOU AGREE: (A) THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS; (B) THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) TO THE RULES OF USE POLICY; AND (D) TO THE PRIVACY POLICY. PLEASE CAREFULLY READ THIS AGREEMENT, THE RULES OF USE POLICY, AND THE PRIVACY POLICY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
If at any time after reviewing or using the Site/App you wish to terminate such use or this Agreement, you must uninstall and remove the App from your device and delete any copy of the App in your possession. You agree that information collected from you or your Device before you uninstall, remove or cease to use the Site/App can still be used.
1.Contact Us
If you are experiencing difficulties using the Site/App, please contact us:
Email Customer Service link at https://www.fundsaver.ca/support
Write us at:
Fundsaver
ATTN: Customer Service
87 Lord Close,
Red Deer, Alberta
T4R 2R9
Terms and Policies
Fundsaver may modify these Terms at our sole discretion from time to time, and only Fundsaver has the right to do so. If the Terms are changed, we will post the new Terms on the Site/App and note the date they were last updated. Any changes or modifications will be effective upon posting of the Terms as revised, and your use of the Site/App following the posting will constitute your acceptance of the new Terms. If any such change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
Additional policies and Terms apply to your access and use of specific portions of the Site/App, to the purchase of Fundsaver online coupon book services, and are included as part of the Terms. Fundsaver has adopted a Privacy Policy that you should refer to fully understand how we use and collect information. To learn about Fundsaver’s privacy practices, please refer to the Privacy Policy section of the Site/App.
3. Fundsaver online coupon books
Fundsaver online coupon books provide unbeatable local discounts throughout Alberta. We deliver convenient, high value 2-for-1 and up to 50% off coupons to consumers looking to spend less on the things they love to do – saving on dining, attractions, activities, shopping, services, travel and more. Access to these offers requires a valid Fundsaver online coupon book access.
1. Fundsaver online coupon book access Fees & Payment
The fee for a Fundsaver online coupon book access is paid upon acquisition. Fundsaver online coupon book access may be acquired from Fundsaver via our online store, https://www.fundsaver.ca, or from a Fundraiser. Fundsaver online coupon book access Terms and the fees for such Fundsaver online coupon book access may vary. All prices and discounts listed on our Site/App are in CDN currency. Only credit cards are eligible for payment of your Fundsaver online coupon book access fees if purchased from Fundsaver directly.
2. Fundsaver online coupon book access
A Fundsaver online coupon book access includes access to the Fundsaver online coupon book.
1. Benefits
▪ Local discounts and savings offers via coupons in the Fundsaver online coupon book
▪ Online Retail and Travel savings exclusive to Fundsaver online coupon book access owners
▪ Printable coupons via https://www.fundsaver.ca by registering online
Fundsaver online coupon book access Terms & Expiration
1. Non-Renewing Term and Expiration
A Fundsaver online coupon book access may be purchased from Fundsaver via: our online store, https://www.fundsaver.ca; authorized retail partners, or Fundraisers, with a valid period from the date of
purchase through the listed expiration date as reflected in the Fundsaver online coupon book.
2. Return, Refunds, or Price Adjustment Policy
Fundsaver online coupon book access obtained from Fundsaver directly is subject to Fundsaver’s Return and Refund Policy. For Fundsaver online coupon book access acquired elsewhere, please see the point of sale for associated policies. It is Fundsaver’s policy not to refund the difference between the price the customer paid and a lower price that may have been offered on Fundsaver.ca. New offers are not valid on prior purchases and offers may not be combined.
3. Fundsaver online coupon book access
A Fundsaver online coupon book access includes access to offers at all participating merchants throughout Canada. Discounts may differ from those found in the Fundsaver online coupon book based upon merchant participation.
1. Benefits
▪ Online Retail and Travel savings exclusive to Fundsaver online coupon book access holders.
▪ Printable coupons via https://www.fundsaver.ca with a valid access code for Fundsaver online coupon book.
▪ Offers redeemable via Fundsaver online coupon book via Site/App with a valid access code for Fundsaver online coupon book
1. Fundsaver online coupon book Refund Policy
Fundsaver online coupon book access acquired directly from Fundsaver is subject to a 30-day trial period. If the Fundsaver online coupon book access is cancelled within 30 days of its inception, then the Fundsaver online coupon book without any redemptions will be eligible for refund.
2. Fundsaver online coupon book access Terms and Expiration
1. Non-Renewing
A Fundsaver online coupon book access will be available until the August 30 expiration of that years’ book.
4. Fundsaver online coupon book access Conditions
▪ Emails and other communication related to Fundsaver and your Account will be sent to you (Examples: billing information, Fundsaver online coupon book updates/announcements)
▪ The barter, trade, sale, purchase or transfer for compensation of a Fundsaver online coupon book access, in whole or in part or any of its offers, cards or coupons, is strictly prohibited, unless expressly authorized by Fundsaver.
▪ A Fundsaver online coupon book access and its offers are intended for the personal member use and are not valid with other discount offers or in other cities unless otherwise specified.
▪ The use of a Fundsaver online coupon book access or any of its components or offers for advertising purposes, in any form or fashion, is strictly prohibited.
▪ Any use of an offer in violation of the Rules of Use will render the offer VOID and Fundsaver will pursue all legal remedies available to it by law.
▪ Offers may not be reproduced and are void where prohibited, taxed or restricted by law.
▪ Fundsaver, and/or its parent or subsidiaries, will not be responsible if any establishment breaches its contract or refuses to accept the Fundsaver online coupon book access Card/coupons/mobile offer; however, it will attempt to secure compliance.
5. Fundsaver online coupon book access Changes
Fundsaver may change any aspect of Fundsaver online coupon book access, without notice to you. If any such change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED FUNDSAVER ONLINE COUPON BOOK ACCESS AFTER A CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR FUNDSAVER ONLINE COUPON BOOK ACCESS.
6. Fundsaver online coupon book access Termination by Fundsaver
Fundsaver may terminate your Fundsaver online coupon book access at our discretion without notice. If we do so, you will continue to have access to your Fundsaver online coupon book access through the remainder of the paid period of your Fundsaver online coupon book access. Termination may be caused by conduct that we determine, at our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Fundsaver online coupon book access, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
4. Fundsaver Site/App
The Site/App is operated by a Canadian entity and is governed by the province and federal laws of Canada. The laws of your jurisdiction may be different than the laws that apply to the Site/App. Accessing the Site/App from outside the Canada, is done at your own risk. You are responsible for compliance with jurisdiction laws.
1. License & Site/App Access
Fundsaver grants you a limited license to make personal use only of the Site/App. Such grant does not include, without limitation: (a) any resale or commercial use of the Site/App or any Site/App Materials (defined below); (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Site/App Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site/App, except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site/App Materials in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site/App and any Site/App Materials, and; (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods,
directly or indirectly, on the Site/App Materials or to collect any information from the Site/App or any other user of the Site/App. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Fundsaver or any third party. You may not use any meta tags or any other “hidden text” utilizing Fundsaver’s name, trademark, or product name without our expressed written consent. “Site/App Materials” means all materials on the Site/App, including, without limitation, all Fundsaver, merchant or other third-party trademarks, trade dress, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Site/App if you make or permit any unauthorized use of the Site/App. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators fully prosecuted.
2. Site/App Changes, Misprints, Errors & Cancellations
Subject to applicable law, we: (a) cannot guarantee that Fundsaver online coupon book access, products or services advertised or offered for sale on the Site/App will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site/App Materials are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Site/App is inaccurate or when we recognize abuse of our policies. If we do not process an order for such a reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions, an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase, you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
3. Passwords & Security
If you use a password to access the Site/App or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. If the confidentiality of your account or password is compromised in any manner, then you should notify Fundsaver immediately. Fundsaver reserves the right to take all action, as it deems necessary or reasonable to maintain the security of the Site/App and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. While Fundsaver takes prudent steps to protect your account and the Site/App, it cannot protect your information outside of the Site/App. For example, when Fundsaver communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Fundsaver may rely on the authority of anyone accessing your account or using your password, and in no event, will Fundsaver be
held liable to you for any liabilities or damage resulting from or arising out of: (i) any action or inaction of Fundsaver under this provision; (ii) any compromise of the confidentiality of your account or password, and; (iii) any unauthorized access to your account or use of your password.
4. Intellectual Property
All Site/App Materials are owned by us, merchants, and others and are protected by Canadian and international copyright, trademark and other laws.
Trademarks – Fundsaver Inc., and other registered trademarks owned by Fundsaver, merchant and other third-party trademarks, and their respective designs and/or logos are either trademarks or registered trademarks of Fundsaver or the third party, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fundsaver or other respective owner. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Fundsaver, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fundsaver. All other trademarks, registered trademarks, product names and company names or logos mentioned are the property of their respective owners.
Restrictions on Use – Except as stated in the Terms, none of the materials and intellectual property described in these Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Fundsaver or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Site/App for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Site/App – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of Fundsaver – is strictly prohibited.
1. Copyright
To notify us of a copyright infringement, write to us at:
Fundsaver
ATTN: Legal Department
87 Lord Close,
Red Deer, Alberta
T4R 2R9
i. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
▪ A description or identification of the copyrighted work you claim has been infringed.
▪ A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
▪ Your address, telephone number, and email address.
▪ A statement that you have a product faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
▪ A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
b. Software
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Site/App is licensed to you by Fundsaver on a non-exclusive and limited basis. Fundsaver shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
3. Hyperlinks
Links to the Site/App – You are granted a limited, non-exclusive right to create a link to the Site/App homepage only. Such a link must not portray Fundsaver or any of its Fundsaver online coupon books, products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not frame Fundsaver trademarks, logos or other proprietary information, images from the Site/App, the content of any text or the layout/design of any page, or forms contained on a page without Fundsaver’s express written consent. All other linking is prohibited. Except as noted above, you have no right or license by implication, estoppel, or otherwise in any Fundsaver or third-party patent, trademark, copyright, or proprietary right.
Third Party Links – Fundsaver makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web Site/Apps accessible by hyperlink from this Site/App, or Site/Apps linking to this Site/App.
4. Submissions
▪ Your Information
By registering on the Site/App, you agree your information is current, accurate and complete.
i.Additional Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Fundsaver, or postings on the Site/App (“Submissions”) are non-confidential (subject to our Privacy Policy) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform,
display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of patent, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
ii.Restrictions for Submissions
By using the Site/App, you agree not to do any of the following:
1. Upload to, distribute or otherwise publish through the Site/App any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
3. Upload or transmit any Content that may infringe upon any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
5. Upload to, distribute or otherwise publish through the Site/App any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent products, services, schemes or promotions.
6. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
e. Cookies
How Fundsaver uses “Cookies”
When you use and access the Service, we may place cookies files in your web browser. Please refer to Section “Information Collected Automatically” of Fundsaver’s Privacy Policy.
What are your choices regarding cookies?
If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
Where can you find more information about cookies?
You can learn more about cookies at the following third-party webSite/Apps:
● AllAboutCookies: http://www.allaboutcookies.org/
● Network Advertising Initiative: http://www.networkadvertising.org/
6. Policies and Enforcement
All access and use of the Site/App is governed by and subject to the Terms. Fundsaver may:
i. Monitor any activity & content associated with forums and other areas on the Site/App.
ii. Access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications.
iii. Disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a product faith belief that such disclosure is justified or required in an emergency.
iv. Investigate any reported violation of our policies or complaints.
iv. Take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site/App and related services at any time, and block, remove or edit any communication and materials that Fundsaver believes in its sole discretion may violate applicable law, the Terms or a third party’s rights.
Fundsaver takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter
7. Responsibility for Your Conduct
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of the Site/App. You agree to indemnify and hold harmless Fundsaver and its parents, employees, agents and representatives from any third party claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your conduct, your actual or attempted violation of these Terms or any applicable law, your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Site/App on your behalf or arising out of your violation of your obligations under Section D(4)(f).
8. Third Party WebSite/Apps
We provide links and access to third party Site/Apps or services that contain information that is provided as a service to those interested in the information. Fundsaver neither regularly monitors nor assumes responsibility for the content of third parties’ statements or Site/Apps. Fundsaver does not endorse or adopt these Site/Apps, or any information contained on such
Site/Apps. Fundsaver makes no representations or warranties whatsoever regarding their accuracy or completeness.
9. Children
The Site/App is designed for and intended for use by adults. If you are under 18, you may use the Site/App only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Site/App by children, minors and others under your care. You agree to be responsible for their use of the Site/App.
5. Disclaimer
THE SITE/APP AND THE MATERIALS ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUNDSAVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE/APP AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITE/APP. FUNDSAVER DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE/APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FUNDSAVER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. FUNDSAVER DOES NOT REPRESENT OR WARRANT THAT THE SITE/APP OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF FUNDSAVER OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITE/APP, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE/APP IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
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 Fundsaver.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNDSAVER BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO FUNDSAVER’S OPERATION OF THE SITE/APP.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FUNDSAVER (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO FUNDSAVER’S OPERATION OF THE SITE/APP EXCEED $100.
THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR FUNDSAVER’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD IN CONNECTION WITH OPERATING THE SITE/APP.
7. Applicable Law, Venue and Limitation of Actions
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta applicable to agreements made and entirely performed within Alberta, without resort to its conflict of law provisions. Regardless of where you access the Site/App, you agree that all Claims arising out of or relating to these Terms shall be resolved through final and binding arbitration in Red Deer, Alberta. “Claims” means all Party disputes against the other Party or its officers, directors, employees or agents, arising from this Agreement or its termination, whenever asserted including, but are not limited, to claims for: breach of contract or covenant; tortious conduct; violation of any law, ordinance, regulation or rule; and discrimination or harassment. All Claims must be brought within two years from when the Claim first arose. This Agreement does not apply to claims: before administrative agencies, where arbitration cannot lawfully be compelled; for benefits where the plan specifies a procedure inconsistent with this Agreement. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such arbitration over any suit, action or proceeding arising out of these Terms.
8. Termination of Site/App Access
Fundsaver reserves the right, without notice and at its sole discretion, to terminate your license to use the Site/App, and to block or prevent future access to and use of the Site/App if you violate any of these Terms or its policies. Upon termination, these Terms shall still apply.
9. Consent to Email Communication
When you visit the Site/App, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on the Site/App. We do not include details of your personal financial information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Fundsaver.com Site/App, or leaving a telephone message with an email address for Customer Service to respond to a query about your account, as a request that we communicate personal financial information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. To unsubscribe from email newsletters and promotional messages, please visit the Email Preferences page. Please allow up to 5 days for our records to be updated. For current Fundsaver members, please be aware that when you don’t receive emails, you are still a member and you can access coupons by visiting the Site/App directly. The unsubscribe request will not cease communications related to your account, such as annual renewal reminders and billing confirmations.
10. Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines that are incorporated will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents, and; (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business.
Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
11. Severability
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
12. Waivers
No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.