3. Access to the Website
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services and/or the Website does not violate any applicable law or regulation. Your profile may be deleted and your registration as a member with the Website may be terminated without warning, if we believe that you are less than 18 years of age. Minors are not allowed to purchase Coupons (as defined below), service and/or goods in the Website. Accordingly, by purchasing such Coupons, services and/or Goods, the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action, including the use of a credit card or use of any other method of payment, without need in any additional approvals or consents.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE WEBSITE.
The following terms and conditions shall constitute a binding agreement between the user of this Website (the "User") and Chaibuy:
"Group Sale" shall mean a group sale which offers to the Users to purchase coupons for services and/or goods to be supplied by Vendors.
"We" shall mean Chaibuy
"User" and/or "Client" shall mean any person, entity, company, which makes use of the Website and/or the Services, including without limitation the Vendors.
"Vendor(s)" shall mean the vendors that offer their services and/or goods through the Website.
"Services" shall mean on-line services provided by Chaibuy, through which Chaibuy offers you to purchase coupons that will entitle you to receive goods and/or services from any respective Vendor, and any other services provided under the Website, all as more fully detailed in the Website and subject to the specific terms of each Group Sale (if any).
6. Links to Third Party Sites
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Chaibuy and thus Chaibuy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Chaibuy is not responsible for webcasting or any other form of transmission received from any Linked Site. Chaibuy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Chaibuy of the site or any association with its operators. You are solely responsible for the goods and/or services you buy through the Service. By providing links to other sites, Chaibuy does not guarantee, approve or endorse the information or products available at these sites.
7. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Chaibuy that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.
8. Use of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
c. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
d. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
e. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
f. Conduct or forward surveys, contests, pyramid schemes or chain letters.
g. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
h. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
k. Restrict or inhibit any other user from using and enjoying the Communication Services.
l. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
j. Collect information about others, including e-mail addresses, without their consent.
k. Violate any applicable laws or regulations.
Chaibuy has no obligation to monitor the Communication Services. However, Chaibuy reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Chaibuy reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Chaibuy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Chaibuy sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Chaibuy does not control or endorse the content, messages or information found in any Communication Service and, therefore, Chaibuy specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL SERVICES (INCLUDING THE CONTENT) PROVIDED ON OR THROUGH THE WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. CHAIBUY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FOR THE AVOIDANCE OF DOUBT, CHAIBUY WILL BEAR NO LIABILITY FOR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICE. FURTHERMORE, CHAIBUY DOES NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OF ITS PARTNERS.
YOU AGREE TO USE OUR WEBSITES AND THE SERVICE AT YOUR OWN RISK.
10. Limitation of Liability.
11. Intellectual Property Rights.
Everything located on or in this Website, including without limitation, the materials used and displayed on the Website, such as text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks (the "Content"), except all User Submission (as defined below), is the exclusive property of Chaibuy. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF CHAIBUY IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are protected by copyright as a collective work under any applicable copyright laws. Chaibuy owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. User may download, print, and/or save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Chaibuy or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website otherwise owned or operated in conjunction with Chaibuy shall not be deemed to be in the public domain but rather the exclusive property of Chaibuy, unless such Website is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Chaibuy, unless otherwise stated.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or any of the Content therein.
12. Content Submitted By You.
By submitting, posting or displaying any content on or to the Service, including, without limitation, articles, reviews, tips, feedback, job postings, and messages on our public forum and blogs (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise) (the "User Submission"), you grant Chaibuy and its affiliates, agents and third party contractors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, display, publish, publicly perform, publicly display and distribute any content you submit, post or display through the Services. You agree that any content you submit may be republished anywhere on our Website without your prior consent. Your content may also be referenced in other publications and marketing materials not affiliated with Chaibuy. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above license to Chaibuy. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to or infringes or misappropriates third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Chaibuy all of the rights granted herein; (ii) publish falsehoods or misrepresentations; (iii) use the Service for any illegal purpose or submit material that is unlawful, obscene, harmful, tortious, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post personal identity information such as credit card numbers; or (v) post advertisements, unless you have received our prior express written consent. Chaibuy reserves the right to remove or not publish submissions without prior notice.
If you are a copyright owner or agent thereof and believe that user content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached at:
By email: firstname.lastname@example.org
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You agree to immediately notify Chaibuy in writing of any unauthorized uses of your account or any other breaches of security. Chaibuy cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Chaibuy be liable, in any way, for any acts or omissions by any User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
15. Non-Confidentiality, Security and Privacy.
15.1. You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Chaibuy, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Coupon, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Coupon, other than your credit card information, may be disclosed by us to the Vendors for their commercial purposes including provisioning the services and/or goods (as the case may be).
15.3. Any communications between you and Chaibuy, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.
16. The Telecommunication Law (Bezeq and Broadcasts) (Amendment No. 40), 2008
By registering to the Website and providing your email address, you expressly agree to receive promotional content from Chaibuy, by email, from time to time. If you wish NOT to receive such promotional content, you may notify Chaibuy at any time at email@example.com.
17. Terms of Sale
17.1. How do I purchase a Coupon?
By placing an order for a given Offer, you make an offer to purchase the Coupon you have selected on the terms, restrictions and conditions associated with the Offer. Once the Offer is closed with the required minimum of purchasers, you will receive a confirmation of the Offer and your credit card will be charged for the amount of the Coupon. We will notify you by email when the Coupon is ready to be used.
17.2. The Coupons
17.2.2. The Coupon you purchase through the Website is redeemable for goods or services by the Vendor. The Vendor, NOT Chaibuy, is the seller of the Coupon and the goods and services and is solely responsible for redeeming any Coupon you purchase. Chaibuy, through the Website sells a Coupon that can be redeemed in connection with your purchase of the goods or services from Vendor.
17.2.3. At each and every day various offers will be posted in the Website for the purchase of Coupons by Users (the "Offers"). The period, during which each offer will be posted on the Website, shall be determined by Chaibuy, at its sole and absolute discretion.
The Vendor is obligated to honor the Coupon in compliance with its terms. If the Vendor refuses to honor the Coupon before the expiration date, then Chaibuy will refund the paid portion of your Coupon in the form of a credit for future Offers. In order to receive the credit, you must provide the following information in writing to firstname.lastname@example.org: (a) identification of the Coupon and Vendor with whom you sought to redeem the Coupon, (b) statement of the date, time, and circumstances in which the Vendor refused to redeem the Coupon; and (c) a statement, under penalty of perjury, that the Coupon has never been redeemed with the Vendor.
17.3. The Offers
17.3.1. Unless stated otherwise in the Offer, each closing of an Offer will be conditioned by a minimum amount of Purchasers. The required minimum will be displayed along with the Offer and only upon the obtaining of such requirement, the Offer shall be considered as closed. In case that an Offer will obtain the required minimum of Purchaser, Chaibuy shall have the right to cancel the Offer and your credit card will not be charged. In such case of cancellation, you undertake that you will not have any claim and/or demand in connection with such cancellation. It is hereby clarified, that the quantity of goods and/or services offered to be purchased on the Website will be determined by Chaibuy and the Vendor at their sole discretion, such quantity may be amended by them from time to time.
17.3.2. Chaibuy reserves the right to cancel any Offer, if it becomes aware of any error or fault in the presentation of the services and/or goods, their price, payment terms, amount of minimal Purchasers, or any other matter. In such case, Chaibuy will notify you by sending you an email (to the email address provided by you). In is hereby clarified, that Chaibuy will not, in any case, be responsible for the actual receipt of the notice.
17.4. Expiration Dates
The expiration date for a Coupon is as printed on the Coupon.
17.5. Deal Specific Terms
17.6. Global Terms
Unless otherwise stated in the Coupon or required by law, the following additional terms apply to all Vouchers:
a. no cash value for any Coupon;
b. no cash back and no credit of any kind will be issued for partial redemption of a Coupon, except as required by law;
c. use of a Coupon for alcoholic beverages is at the sole discretion of the Vendor (which may be limited by applicable law);
d. Coupons cannot be combined with any other vouchers or promotions unless otherwise noted in the Coupons;,
e. Coupons cannot be used for taxes, tips, prior balances, shipping or handling, as applicable;
f. neither Chaibuy nor the Vendor is responsible for lost or stolen Coupon or Coupon reference numbers;
g. duplicate use, sale or trade of a Coupon is prohibited, except as required by law; and
h. all prices appears on the Website are inclusive of value added tax, unless specified otherwise.
17.7. Products Available for Sale
The Website can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Chaibuy reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Coupon for any product or service to a person residing in any jurisdiction or geographical area. Chaibuy does not represent or warrant that any product or service promoted on the Website will be available for purchase by any particular person.
17.8. The Goods and Services
17.8.1. Vendor shall be liable for the description of the goods and/or services posted on the website opposite the respective services and/or goods. In addition, each Offer will detail the following: (a) Vendor's name and contact details; (b) the price of the goods and/or services and the percentage of discount awarded to the User by purchasing the Coupon; (c) minimum amount of Users that joined the Offer (each a "Purchaser" and collectively the "Purchasers"); (d) maximum quantity of Coupons that each Purchaser is entitled to purchase; (e) the validation period of the Coupons; and any other information, terms and conditions as Chaibuy, at its sole and absolute discretion, may decide to add to such Offer.
17.8.2. The price of the services and/or goods is the price that is offered by Vendor for the purpose of the Offer, thus it shall not be considered as reflecting the lowest price in the relevant market. Each Purchaser and/or User shall be responsible to make price comparison in respect with the price of the services and/or goods offered.
17.9. Your Personal Account
17.9.1. In order to publish Content on the Website or obtain access to the Services, User is required to create an account by after filling in personal details as required by the "Account Registration" form as displayed in the Website, which includes without limitation, the following details: full name, identification number, details of your credit card, which will be used by you to purchase the Coupons, mailing address and email address.
17.9.2. Your personal account will enable you to view your outstanding and previous orders and information regarding approved Offers and via your account we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Coupon.
17.9.3. You hereby agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a "User ID"). Access to the Website and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities who's privilege to access the Website or use the Services has previously been terminated by Chaibuy may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
17.9.4. Chaibuy relies on User IDs to know whether users accessing the Website and using our Services are authorized to do so. If someone accesses our Website or Services using a User ID that we've issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Website or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
17.9.5. User may at all times, close his account in the Website and such cancellation shall be effective upon completion of the process of closing an account. For the avoidance of doubt and subject to Section 22.11 below, Chaibuy will not, in any case, refund you for Coupons which you already purchased nor for orders which were already placed.
17.10.1. If you placed an order to an Offer and the Offer is closed, your credit card will be charged for the price of the purchased Coupon.
17.10.2. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any due payments, your participation in the Offer, including your right to purchase a Coupon thereunder, shall be automatically terminated, without providing you a notice.
17.10.3. Chaibuy reserved the right to cancel or withhold the Offer, until it ensures that all credit cards of all Purchasers were charged in respect with the purchase of the respective Coupon.
17.11. Cancellation of an Order and Refund
17.11.1. In the event that you placed an order to an Offer and thereafter you changed your mind, for any reason whatsoever (Prior to the deal reaching the customer minimum!), you will be able to cancel your order in respect with such Offer via your personal account. However, In the event that you decided to cancel your order after the Offer is already closed (even in case that a confirmation email have not been sent to you yet), you will only be able to cancel your order by a written notice to Chaibuy, specifying your reasons to cancel the order.
17.11.2. Chaibuy will only refund you according to the provisions of the Israeli Consumer Protection Law, 1981.
18. Affiliate Rewards Program
ChaiBUY will track all sign ups and purchases made through your link, referral code or widget.
ChaiBUY will send you a cheque by mail once a month for 2.5% of the total purchases made by your referrals through the three methods included above. You must reach a total of $18.00 in rewards before a cheque will be sent to you.ChaiBUY affiliate rewards cannot be combined with ChaiBUY’s Refer a Friend program.
19. Refer a Friend Program
ChaiBUY reserves the right to exclude certain deals offered on chaibuy.ca from the Refer A Friend program. ChaiBUY will specify in the Fine Print of any deal that excludes the Refer a Friend program.
Notwithstanding the above, ChaiBUY specifically states that any free deals or raffles offered on chaibuy.ca are excluded from the Refer a Friend program.
21. Events beyond Control.
Under no circumstances shall Chaibuy be held liable for any delay or failure in the Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Chaibuy, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
24. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.
25. Customer Service ContactTo contact our Customer Service - please email us at: email@example.com