Terms of Service This version is in effect since May 1st, 2018 Welcome to Tuango.ca (the “Site”), a website owned and operated by Tuango Inc. (“Tuango” or “we”).
YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING TO ACCESS OR USE OF THE SITE SINCE YOUR ACCESS TO OR USE OF THE SITE IS SUBJECT TO THIS AGREEMENT.
By using or accessing the Site, you acknowledge that you have read and understand these Terms of Service, and that you expressly agree to be bound by these Terms of Service and to abide by these Terms of Service as well as all applicable laws and regulations governing the Site. If you do not agree to these Terms of Service, you must cease to use the Site.
General Data Protection Regulation (GDPR) EU residents and citizens should not use Tuango’s services since they may not comply with the General Data Protection Regulation.
Permission to Use the Site You may use the Site only if you have reached the age of majority in the province state or territory in which you reside, and you can form legally binding contracts under applicable law. You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws. Tuango reserves the right to request proof of identification and age.
Email Registration and Membership By registering your email address and/or creating an account on this Site, you expressly request to become a member of Tuango and to receive our Services, which consist primarily of the communication of exclusive offers and promotions via email.
Material You are solely responsible for obtaining and maintaining all telephone and computer hardware as well as all other equipment necessary to accessing and using the Site. Tuango cannot be held responsible for any bug or improper use of equipment used to access the Site. This especially applies to Tuango’s mobile application. You are responsible to always use the latest version of the application.
User Passwords and Account Security By creating an account, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of the password(s) associated with your account. You agree that you will be solely responsible for all activities and transactions that take place under your account and for any and all use or misuse of your password or account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Tuango immediately by filling out the form at http://www.tuango.ca/en/pages/contact. Tuango is not under any obligation to verify the identity or authority of any person using a password and/or account.
Lawful Use The User shall not use the Site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, abusive, profane, obscene, vulgar, defamatory, threatening, invasive of publicity or privacy rights, or otherwise objectionable; (ii) that violates or infringes upon the rights of others in any way; (iii) that encourages others to commit unlawful acts; (iv) that contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from Tuango; and/or (v) that prevents other users from using and enjoying the Site.
Ownership, Copyright and Trade-marks Unless otherwise indicated, the Site, including any and all content, material, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Site, (collectively, the “Site Content”) is the property of Tuango or its respective owners, as the case may be, is protected by Canadian, U.S. and international copyright, trade-mark and other laws.
All rights to the Site Content are expressly reserved. Tuango hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access, read and print the Site Content.
Tuango, its logo and other marks as well as all other product or service names or slogans appearing on the Site are registered and/or common law trade-marks or trade-names owned or licensed by Tuango and/or its suppliers or licensors (collectively, the “Marks”), and may not be copied, imitated or used, in whole or in part, without the express written consent of Tuango or the applicable trade-mark holder. In addition, the Site Content as well as the look and feel of the Site may not be copied, imitated or used, in whole or in part, without the express written consent of Tuango. Any use of the trade-names, trade-marks, and logos displayed on the website, or any word, term, name or symbol that is likely to cause confusion with respect to the user’s connection or association with Tuango or its approval or sponsorship of the user’s products, is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Site.
All other trade-marks, registered trade-marks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tuango. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trade-marks displayed on the website
Everything located on or in this Site is the exclusive property of Tuango or used with express permission of the copyright and/or trade-mark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING OR OTHER MEANS OF MODIFYING THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN CONSENT OF TUANGO. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trade-mark or other intellectual property right infringement that may subject the User to civil and/or criminal penalties.
No Linking, Framing, Mirroring, Scraping or Data-Mining Links to this Site without the express written permission of Tuango are strictly prohibited. To request permission to link to the home page of the Site, please send an e-mail to firstname.lastname@example.org. Tuango may in its discretion cancel and revoke any permission it may give to link to the home page of the Site at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of this Site or any of its content in any form and by any means is also strictly prohibited.
Disclaimers and Limitation of Liability in relation to Use of the Site We provide this Site AND THE SITE CONTENT on an “as is” and “as available” basis. Tuango, its affiliates and their respective directors, officers, SHAREHOLDERS, employees, agents, merchants, third-party content providers or licensors make no REPRESENTATIONS, warranties OR CONDITIONS of any kind, WHETHER express or implied, including any warranty of conditions, ANY WARRANTY OF INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR USEFULNESS OR THE SITE CONTENT AND ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TUANGO MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; © THE SITE, SERVERS OR EMAILS SENT FROM THE SITE WILL BE FREE OF HARMFUL OR DISRUPTIVE COMPONENTS, SUCH AS VIRUSES; (D) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (E) THE SITE AND THE SITE CONTENT (INCLUDING DESCRIPTIONS OF MERCHANT PRODUCTS AND/OR SERVICES) WILL BE ACCURATE, COMPLETE AND RELIABLE; AND TUANGO DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE AND ACCESS TO THE SITE AND THE SITE CONTENT ARE AT YOUR OWN RISK AND DISCRETION. TUANGO, ITS AFFILIATES AND THEIR RESPECTIVE directors, officers, SHaREHOLDERS, employees or agents WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY SITES, THIRD-PARTY CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY TUANGO OR ANY PERSON FOR WHOM TUANGO IS RESPONSIBLE EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. for greater certainty, Neither Tuango, nor any third parties providing content, products or services, shall be liable for any errors, inaccuracies, omissions or other defects in the information contained on this Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising from this, regardless of their cause or duration. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
You waive and covenant not to assert any claims or allegations of any nature whatsoever against Tuango, its affiliates, or their respective directors, officers, SHAREHOLDERS, employees or agents arising out of or in any way relating to your use of the Site, the Services, the content or the materials contained in or accessible through the Site. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
Other Websites While this Site may contain links to third party websites, Tuango is not responsible for the content of any linked websites. Tuango provides these links only as a convenience and these linked websites are not under the control of Tuango. Tuango makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the products or services appearing, available or described thereon. Links do not imply that Tuango sponsors, endorses, is affiliated or associated with, or is legally authorized to use any content displayed in or accessible through the links. When you access such websites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third party websites.
Indemnification The User agrees to indemnify, defend and hold harmless Tuango, its affiliates and their respective advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively “Tuango Indemnified Parties”) from and against any loss, expense, damage, cost, liability, claim, demand made by a third party, including, but not limited to, reasonable attorneys’ fees, accounting expenses, and legal costs), sustained, incurred or paid by the Tuango Indemnified Parties and arising from or related to (a) the access or use of the Site and Tuango Services by you (or any users of your account), including, without limitation, your or others’ access to Site Content or any content or other materials available by means of third-party websites; (b) violation of these Terms of Service or breach of the Terms of Service (including, without limitation, any representation or warranty contained in this Agreement) or any activity related to your use of the Site; or © your content or provision to the Site of information or any other products, postings, offerings, data or materials. You will assist and co-operate as fully as reasonably required by the Tuango Indemnified Parties. The Tuango Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice of any defense by you or any claim as to which you are required to defend, indemnify or hold harmless the Tuango Indemnified Parties (the “Indemnified Claim”). You may not settle any Indemnified Claim without the prior written consent of the concerned Tuango Indemnified Parties.
Termination of the Site and these Terms of Service Tuango may, at any time without notice of liability to you, and for any reason whatsoever: (a) change, suspend or terminate, temporarily or permanently, the Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Site, all without any notice or liability to you or any other person. If you breach any provision of these Terms of Service, we may prohibit you from using this Site.
Terms and Conditions of Sale Placing an Order. You may purchase products featured in the Tuango Boutique (the “Boutique”) (available at http://www.tuango.ca/boutique-en/) as well as coupons and vouchers by placing an order in accordance with the terms and conditions of sale set forth herein. Before submitting your final order, you will be asked to confirm your order. You are responsible for ensuring the accuracy of your order, notably the description of the product(s) selected (including size, colour and price) as well as your billing information. You are responsible to correct any error or inaccuracy in your order. Once you submit a final order, you will receive an order confirmation from Tuango along with a detailed invoice in an electronic format. Orders placed through the Site will not bind Tuango until you receive an order confirmation from us and the order is accepted and processed by us. While it is our practice to confirm orders, the receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse to sell to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Vouchers and Coupons. A voucher or coupon is redeemable for the product(s) and/or service(s) offered by the merchant identified on the voucher or coupon. The purchase and redemption of a voucher or coupon are subject to the terms and conditions established by the merchant identified on the voucher or coupon. By obtaining or purchasing a voucher or coupon through this Site, you agree to comply with such terms and conditions and you acknowledge that the merchant in question is solely responsible for redeeming the voucher or coupon and for the product and/or service identified on the voucher or coupon, and any and all liabilities that may arise further to the purchase, use and/or misuse of such product and/or service. The merchant is the sole issuer of the voucher or coupon. Tuango is not a party to any transaction that you may conclude with a merchant, further to you obtaining or purchasing a coupon or voucher through this Site. Certain vouchers and/or coupons may not be available for use and redemption by individuals located outside Canada. It is strictly forbidden to buy vouchers and/or coupons through the Site in order to resell them in any way. Vouchers and coupons are not redeemable for cash, unless required by law. Merchants are responsible for charging and/or remitting taxes on their products and/or services. It is important to use or redeem vouchers and coupons before the expiration date.
Money Back Guarantee. Within fourteen (14) days of purchase of a voucher or coupon, you can request your money back, provided the voucher or coupon has not been used or redeemed or has not expired, unless stated otherwise in the details of the offer. To request a refund, you can call Tuango Customer Service toll-free from Monday to Friday from 9am to 5pm Eastern Time at 1-855-888-2646 or email us via http://www.tuango.ca/en/pages/contact. We will reimburse the same credit card or PayPal account you used to make the purchase. Please allow up to two (2) weeks for your reimbursement to show up on your credit card statement. After the expiration date of vouchers and coupons, you will not be able to get a refund from Tuango.
Availability and Pricing. Color depiction of products featured on the Site is a function of the calibration of the colors of our photographs as well as of numerous parameters related to the functioning and the use you make of your computer. Color of the actual product may vary. Prices and availability of vouchers, coupons, products and/or services displayed on the Site are indicated for information only and are subject to change. All prices and other amounts appearing on the Site are quoted in Canadian dollars and are subject to applicable taxes, duties and shipping charges. You are responsible for the payment of any and all applicable federal, provincial and local sales taxes as well as all shipping and handling charges, in addition to the price of the selected voucher(s), coupon(s), product(s) and/or service(s), as indicated on the Site at the time you place your order. Applicable shipping charges are dependent upon the delivery option chosen by you and the shipping address provided by you. Shipping charges are subject to change, without prior notification.
Shipping and Delivery. Tuango will ship products ordered by you through the Boutique to the address indicated in the order confirmation. Tuango only ships to addresses within Canada. Certain restrictions may apply depending on the address provided. Items ordered in the same order cannot be delivered to more than one address.
Misprints and Errors. Although Tuango strives to provide reliable and current information through the Site, occasionally, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Accordingly, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to refuse, correct or cancel orders, at any time and from time to time without liability and without notice to you or any other person, if any information on the Site is inaccurate, to the extent permitted by law.
For persons residing outside Québec: Disclaimers. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Refunds. Due to the heavily discounted nature of the products purchased through the Boutique, such purchases are final, unless otherwise specified in the details of the offer. However, if any product purchased through the Boutique is damaged or defective upon receipt or if you receive the wrong order (in terms of product and/or quantity), you can return your order for a refund. To do so, you must: (1) call Tuango Customer Service toll-free from Monday to Friday from 9am to 5pm Eastern Time at 1-855-888-2646 or email us via http://www.tuango.ca/en/pages/contact within fourteen (14) days of the date of receipt of the product; (2) provide us with your name, order confirmation number and/or other information necessary to track your order, and (3) securely pack and seal the returned item and return it to us in its original state and packaging at the address provided by Tuango Customer Service. Once your package has been received, your refund will be processed and we will credit the price paid on the same credit card or PayPal account you used to make the purchase. In the event of a return, shipping charges will not be refunded. After fourteen (14) days of the date of receipt of the product, we invite you to read the details of the offer as well as the product’s packaging, label and/or any accompanying documentation for information concerning any manufacturer’s warranty.
Tuango dollars expiration. Tuango dollars remain available in your account for as long as you are active on Tuango. By being active, we mean making at least one transaction (purchase or acquisition of Tuango dollars) per year. After a year of inactivity, so 12 months without a single transaction in your account, your Tuango dollars are cancelled.
Tab by Tuango Offer From time to time, Tuango will post on its website or send you via email, to the address associated with your Tab by Tuango Account, Tab by Tuango Offers (the “Tab by Tuango Offers” or “Offers”) which will allow you to benefit from a Cash Back on certain products and services offered at a Participating Merchant. Some Offers, and the corresponding Cash Back, may require the fulfillment of certain conditions (the “Offer Terms”), which will be more fully detailed in the Offers, namely:
That you make a payment in advance when you subscribe to the Offer. This payment is not refundable unless expressly stipulated otherwise. In the event that no Transaction is made in relation with the subscribed Offer before it expires or is canceled, the payment made in advance to subscribe to the Offer will be refunded. Some Offers may be claimed progressively and may be subject to one or more Transactions at one or more Participating Merchants: if applicable, if such Offer expires before the value of the prepaid amount exceeds the total Cash Back credited or to be credited to your Linked Credit Card in connection with this Offer’s partial claim, the difference between the prepaid amount and the credited Cash Back will be refunded.
That the value of the Transaction reaches a minimum amount, before taxes or taxes included, in a single transaction on the Linked Credit Card. No Cash Back will be credited for a transaction that does not meet this minimum amount, and, if so, it will be considered that no Transaction has been made.
That the Offer is subject to a Transaction before it expires. No Cash Back will be credited for an Offer which would have been the subject of a transaction at an Authorized Merchant after it expires. Tuango may, at its sole discretion and without obligation to this effect, extend the validity period of an Offer so that it may be subject to a Transaction without you having to re-subscribe to it.
As the person and/or the system processing the Tab by Tuango Transaction at or for the Participating Merchant will ignore your participation in the Tab by Tuango service, it is your responsibility to ensure that your Tab by Tuango Transaction complies with all the Terms of the Offer when performing this. If the transaction by which you wish to claim an Offer does not comply with the Offer Terms, no Cash Back will be credited to your Linked Credit Card and Tuango, Participating Merchants and Linked Credit Card Issuers can not be held liable.
That the information provided by you to activate and subsequently update your Tab by Tuango Account, as well as any information collected as part of your participation in the program by subscribing to an Offer or by performing a Transaction, be transmitted to issuers of Eligible Cards to enable them to track the status of your transactions and enable them to provide Tuango with all the information necessary to identify Offer-related transactions (purchase or return) to enable Tuango to control Offers which have been subject to a Transaction and thus validate whether the Cash Back must be credited to the Linked Credit Card. You expressly agree to and authorize the issuers of Eligible Cards to control the transactions made through your Linked Credit Card.
That the information provided by you in order to activate and subsequently update your Tuango Account, as well as any information collected as part of your participation in the program by subscribing to an Offer or by performing a Transaction, shall be transmitted to the Participating Merchants to enable them to track the status of your Tab by Tuango Transactions and the Tab by Tuango program performance, and to enable them to provide Tuango with all necessary information to identify and validate Transactions, including any returns or requests for reimbursement related to these Transactions, in order to allow Tuango to monitor the performance of the Tab by Tuango service and to control the Offer claimed, thus validating whether the Cash Back must be credited to the Linked Credit Card.
Help Tuango to improve the quality of its services and the customer experience; Enable Tuango to ensure the regulatory compliance of its services; Allow Tuango to prevent cases of fraud and abuse that may be related to its services. That personalized Offers based on your preferences and consumer profile, as well as information on other services offered by Tuango or its partners, will be emailed to the address associated with your Tab by Tuango Account.
Subscribe to a Tab by Tuango Offer In order to claim an Offer and to benefit from a Cash Back following the realization of a Transaction, it is imperative that you subscribe to this Offer directly on the Tuango website, and this, for each of the Offers that you want to claim through a Transaction at the Participating Merchants. Once you have subscribed to an Offer, a confirmation email will be sent to the address associated with your Tab by Tuango Account. Some Offers may be available for a limited period or in limited quantities and it will be impossible to subscribe to an expired Offer or whose limited quantities have been sold.
Claim for Tab by Tuango Offers In order to benefit from the Cash Back associated with an Offer, you must, under penalty of losing all rights to the Cash Back, Link to your Tab by Tuango Account and maintain Linked the credit card with which you will perform the Transaction. Once your credit card is Linked to your Tuango Account, you must subscribe to the corresponding Tab by Tuango Offer on the Tuango website before making any payment in connection with the Transaction and make the Tab by Tuango Transaction at the Participating Merchant by paying the product or service covered in the Offer using the credit card Linked to your Tab by Tuango Account.
Expiration of Tab by Tuango Offers Tuango and the Participating Merchants reserve the right to cancel, suspend temporarily or indefinitely, or modify the contents of any Offer or the Offer Terms including any expiration date that may be indicated in the Offer or otherwise (an “Offer Modification”). Such Offer Modification will take effect from the moment it appears on the Tuango website and will affect any subscribed offer that has not been subject to a Transaction. Tuango, the Participating Merchants and the issuers of the Linked Credit Cards will not be liable for any consequences that may arise from the Offer Modifications. Although Tuango may notify Tab by Tuango members of the Offer Modifications by email or otherwise, it is your responsibility to verify on the Tuango website that the Offer you Subscribed to has not been Modified and did not otherwise expire before making a Tab by Tuango Transaction.
Tab by Tuango Cash Back The Cash Back will be credited by the company issuing the Linked Credit Card directly on that card and will only appear on your Linked Credit Card statement approximately five (5) days after the transaction. The Cash Back will not appear on your receipt or on your transaction statement issued by the Participating Merchant following a Transaction. It may be that due to circumstances beyond Tuango’s control, the Cash Back will only appear on your Linked Credit Card Statement more than five (5) days after the Transaction: Tuango will then have no legal responsibility for such a delay. In the event that the Cash Back is a taxable gain to you, it will be your responsibility to report such gain to the appropriate authorities. It is possible that, due to your participation in the Tab by Tuango service, the issuer of the Linked Credit Card or your financial institution will charge you a fee or reduce the rewards to which you would otherwise have been entitled because of your participation in any reward or loyalty program, and, where applicable, Tuango will not be liable. In order for a Cash Back to be credited to the Linked Credit Card, the Participating Merchant from whom you make a Transaction must subsequently transmit the relevant information to the Linked Credit Card issuer, and in the event that such information is not disclosed to Tuango or the Linked Credit Card issuer, they will not be liable for the delay or failure to credit the Cash Back. In the event that the Linked Credit Card expires, is suspended or canceled before the Cash Back is credited to it, the Cash Back can not be credited and Tuango can not be held responsible. Please note that the maximum Cash Back per Transaction is $100.
Other Matters Governing Law and Dispute Resolution. The Site (excluding third-party websites) is controlled by Tuango and operated by it from its offices located in Montreal, Quebec, Canada. This Site, the Terms of Service and all related matters are governed exclusively by the laws of the Province of Québec and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. For greater clarity, the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement or to any purchase through the Site. Any dispute between Tuango and you arising from, connected with or relating to the Site, the Terms of Service or any related matters must be resolved before the Courts of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and consent to the original and exclusive jurisdiction of those Courts in respect of all disputes.
Entire Agreement. The Terms of Service, as it may be amended from time to time, and any other notices, policies, disclaimers and other terms and conditions contained on the Site constitute the entire agreement between you and Tuango with respect to the access and/or use of the Site and its content, superseding any prior or contemporaneous communication, understanding, representation and agreement between you and Tuango related to such subject matter. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.
Binding. The provisions of this Agreement shall enure to the benefit of and be binding upon each of Tuango and its affiliates, suppliers and sub-contractors and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person or organization you represent).
Assignment. You and the persons or organizations you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Tuango, which may be withheld in Tuango’s sole discretion. Tuango may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
Waiver. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.
Independent Contractors. You (on the one hand) and Tuango and its affiliates, suppliers and sub-contractors (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Site.
Survival. All provisions of this Agreement that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Site or any Site Content, shall survive the revocation, expiration or termination, in whole or in part, of this Agreement, or any license hereunder or thereunder, however and whenever occurring.
Severability. If any provision of the Terms of Service shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted as necessary to carry out the intent of the parties and the other provisions herein shall remain in full force and effect.
Language. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
Questions. If you have any questions regarding the Site and/or the Terms of Service, please fill out our online form (available at http://www.tuango.ca/en/pages/contact).
Any rights not expressly granted by this Agreement are reserved to Tuango.