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FanDine Technologies Ltd.
1. Welcome 1.1 Welcome and thank you for using the FanDine application by FanDine Technologies Ltd (“FanDine”). The
purpose of this agreement (the “Agreement”) is to set out the terms and conditions (the “Terms”) governing
the use of the App and the relationship between FanDine and the User. The Terms apply to the use of the App
by any User for use by any electronic computing device and mobile computing device, including but not
limited to, smart phones and tablet, laptop and desktop computers and the FanDine website at http://www.fandine.com and all affiliated websites owned and operated
by FanDine Technologies Ltd (the “Website” or “Site”). The User acknowledges that the User has read,
understood and agrees to be bound by the Terms.
1.2 For the purposes of the Agreement,
(a) “Account” means the FanDine account created by the User to access and use the Services;
(b) “App” means the FanDine software application for the Services or any part thereof
(c) “Establishment” or “Establishments” means the corporate entity or person that is authorized to
operate restaurants, bars or any type of dining business for which the Services are sought and that has an
account registered with FanDine for use of the Services;
(d) “Establishment Terms” means the agreement between an Establishment and FanDine for use of the
(e) “FanDine Wallet” or “Wallet” means the account held by FanDine on the Services into which the User
may transfer a specified amount of the Monetary Unit;
(f) “Monetary Unit”, “Monetary Units” or “MU” means with respect to the location of the use of the
Services by the User as specified during the User’s creation of the Account, one Canadian dollar if the
Services are being used in Canada; or one United States dollar if the Services are being used in the United
States of America or elsewhere;
(g) “Product” or “Products” means goods or services, or both, provided by an Establishment;
(h) “Promotional Product” means any product or service, or both, that is offered on the Services by an
Establishment to a Referrer and that provides a reward to the Referrer if the Referee purchases the product
or service, or both, after the Referrer has purchased the product or service, or both;
(i) “Referee” means any person who is invited, using the Services, by the Referrer to use the Services
or purchase the Promotional Products and who begins using the Services or purchases the Promotional Products
pursuant to the invitation of the Referrer;
(j) “Referrer” means the User when the User invites any person, using the Services, to use the Services
or to purchase Promotional Products and who is appointed as the Referrer of and by that person;
(k) “Restaurant Credit” or “Restaurant Credits” means the rewards provided by FanDine to the User for
using the Services. Restaurant Credits have no monetary value whatsoever and cannot under any circumstances
form the basis of a monetary claim against FanDine;
(l) “Services” means the use of the App and/or the Website for the purposes specified in Section 3.2;
(m) “User” means any person who is accessing or using the App in any way or that has clicked “accept” or
“agree” to the Terms.
1.3 The User must read the Terms carefully. Use of the Services is subject to the Terms, including the
Services. The User agrees to review the Terms regularly to be aware of such modifications, and the User’s
accessing or use of the Services constitutes the User’s acceptance of the Terms as it appears at the time of
the User’s access or use. From time to time, FanDine may offer the User the opportunity to participate in
additional features or services through the App or Website. The User may be required to enter into
additional agreements, authorizations or terms before the User can access such features or services.
2. Eligibility 2.1 By accessing the Services, the User represents and warrants to FanDine that the User has the right,
authority and capacity to agree to and abide by the Terms, and the User will use the Services in a manner
consistent with any and all applicable laws and regulations.
2.2 By accepting the Terms, the User is given a limited right and permission to use the Services subject
to any limitations, conditions and restrictions established by FanDine from time to time, in FanDine’s sole
discretion. FanDine may alter, suspend or discontinue any aspect of the Services at any time, including the
availability of any feature, database or content of or on the Services. FanDine may also impose limits on
certain features and aspects of the Services or restrict the User’s access to parts or all of the Services
without notice or liability and for any reason.
3. FanDine Services 3.1 FanDine provides the Services to the User for the purpose of enhancing the User’s dining experience
by assisting the User in securing dining reservations at and communicating with Establishments. FanDine
connects the User to Establishments, allows the User to share the User’s dining experiences with friends,
and rewards the User with Restaurant Credits the first time a friend that the User referred dines at a
3.2 The Services provide the User with the ability to:
(a) access and obtain the Products, including by:
(i) searching for an Establishment or browsing a list of Establishments,
(ii) communicating with an Establishment,
(iii) accessing details of the Products,
(iv) making a reservation,
(v) receiving notifications from an Establishment,
(vi) placing an order,
(vii) specifying a dietary preference,
(viii) making a payment,
(ix) obtaining a reward,
(x) making a recommendation, and
(xi) rating an Establishment,
(b) refer FanDine to a friend,
(c) be rewarded for referring a Product or an Establishment to a friend,
(d) access promotions and discount codes provided by an Establishment, and
(e) review the User’s activity on the Services, including invoices.
3.3 Consent to Display. The User understands and agrees that any content that the User submits, posts or
displays on the Services will be visible by other Users and Establishments of the Services and through third
party services and websites.
4. Account 4.1 The User must create an Account by providing the information requested by FanDine in order to access
some or all of the features on the Services.
4.2 FanDine Accounts and membership is limited to natural persons and no corporation, trust, partnership
or other entity may hold a FanDine User Account.
4.3 The User will be issued a FanDine user name and password to use the Services. The User is solely
responsible for protecting the User’s FanDine user name and password. FanDine is not liable for any claims,
losses, actions, damages, suits or proceedings relating to the sharing of the User’s name and password with
others. The User agrees to notify FanDine immediately after the User becomes aware of any unauthorized use
of the User’s Account, name and password, and to take such reasonable steps as are necessary to prevent any
reoccurrence of such event.
4.4 Restaurant Credits or any other rewards or any other benefits are personal and cannot be assigned,
traded, willed or otherwise transferred, other than as expressly provided herein, and any assignment or
transfer in violation of these Terms will be void and may, at the discretion of FanDine, result in the loss
of membership and Account or the cancellation of the affected reward, benefit or Restaurant Credits, as the
case may be.
5. Third Party Charges 5.1 The User understands and acknowledges that using the Services is at the User’s risk. The User is
responsible for any and all fees or charges, or both, that arise out of the User’s use of the Services,
including but not limited to the fees and charges associated with the User’s wireless carrier. The User must
contact the User’s wireless carrier and any other applicable service provider directly for more details.
5.2 The User is responsible for determining whether the User’s wireless carrier supports text messaging
and if the User’s mobile device is capable of receiving text messages. The User understands that the User’s
wireless carrier's standard data and text messaging fees may apply.
6. FanDine Wallet 6.1 Prepayment for Products. The User may transfer a specified amount of the Monetary Unit into the
Wallet to make future purchases at participating Establishments. The Monetary Unit that the User transfers
into the Wallet is prepayment only for Products at participating Establishments. No credit card, credit
line, overdraft, protection or deposit account will be associated with the Wallet. Unless otherwise required
by law or permitted by the Agreement, any dollar amount or Monetary Unit in the User’s Wallet is
non-returnable and non-refundable and cannot be redeemed for cash. No interest, dividends or any other
earnings on the Monetary Unit in the Wallet will accrue or be paid or credited to the User by FanDine. The
Monetary Unit in the User’s Wallet is not insured by FanDine in any way.
6.2 Credit Card Transfer. The User may transfer a specified amount of the Monetary Unit into the Wallet
using a credit card on the App. The User must transfer a minimum amount of $5 in the Monetary Unit into the
Wallet. The User may not transfer more than $500 in the Monetary Unit into the Wallet. FanDine may change
the minimum and maximum values that may be loaded into the Wallet at any time.
The User may have a specified amount of the Monetary Unit automatically reloaded in the Monetary Unit
into the Wallet by using the automatic reload feature on the App and specifying a payment frequency and
amount (“Automatic Reload”). The User may link a credit card to the App to reload a specified amount of the
Monetary Unit into the Wallet at any time. The User’s credit card will be billed in accordance with the
payment frequency and amount selected by the User. FanDine will notify the User electronically after each
Automatic Reload of the amount that was transferred into the Wallet. The User may change the User’s payment
preferences at any time. If the User wishes to discontinue the Automatic Reload feature, the User must
disable the feature on the App within 24 hours of the next scheduled reload. Once the Monetary Unit has been
transferred into the Wallet, the transaction cannot be reversed.
6.3 Making a Payment. The User may use the Monetary Unit loaded into the Wallet to pay for the Products
at participating Establishments. The balance of any payment made at the point-of-sale at the Establishment
will immediately be deducted from the User’s Wallet.
6.4 Account Balance and Expiration. The User may check the balance of the Wallet on the User’s Account.
The Monetary Unit transferred into the Wallet will not expire during the term of the Agreement.
6.5 Receipt. The User may request a receipt from the Establishment at the point-of-sale when the User
purchases a Product from the Establishment using the Wallet. The receipt will indicate that the User used
funds from the Wallet to make the purchase.
6.6 Liability. The User is responsible for any and all transactions associated with the User’s Wallet.
If the User becomes aware that unauthorized use of the User’s account is being made, the User must contact
FanDine immediately. Upon notification from the User that unauthorized use of the User’s account is being
made, FanDine will attempt to freeze the User’s account to prevent ongoing use of the User’s account.
FanDine reserves the right to limit or terminate the User’s use of the Services if FanDine reasonably
believes that the use is unauthorized, fraudulent or otherwise unlawful.
6.7 Bill Errors and Corrections. FanDine may correct the balance of the User’s Wallet if FanDine
believes that a clerical, billing or accounting error has occurred. The User should contact FanDine directly
if the User has any questions regarding the User’s transaction history or any correction that has been made.
6.8 Disclaimer. FanDine does not represent or warrant that any or every Establishment will accept
payment for the Products from the User’s Wallet. The User must contact the Establishment directly to confirm
that the Establishment will accept payment on the Services.
6.9 Transfers. The User may transfer as a gift the Monetary Units held by the User in the Wallet to any
other User on the Services at a rate of 1 Monetary Unit for 1 Monetary Unit transferred. Upon instructions
from an authorized representative, FanDine may transfer as a gift the Monetary Units held by the User in the
Wallet to another User of the Services.
6.10.1 Conversion of Restaurant Credits. The User may convert Restaurant Credits into the Monetary Unit
on the Services at the following fixed exchange rate (the “Transfer Exchange Rate”):
Purchase rate by FanDine: 1 Restaurant Credit = 0.9 Monetary Units
Sell rate by User to another User: 1 Restaurant Credit = 0.8 Monetary Units
The User may sell any Restaurant Credits held by the User to any other User on the Services in exchange
for Monetary Units at the Transfer Exchange Rate.
6.10.2 Conversion of the Monetary Unit. All amounts loaded into the Wallet are held and denominated in
the currency of the country in which the Services are being used, as specified by the User upon creation of
the Account. When the User makes a purchase at an Establishment in a different country using the Services,
the total amount is converted from the currency of that country into the currency of the Monetary Unit and
deducted from the Wallet. The actual balance in the Wallet following the conversion will be in the Monetary
Unit. Currency conversions are based on currency exchange rates applicable on the date of the transaction.
7. Restaurant Credits Rewards Program 7.1 Redemption. The User will be able to participate in the Restaurant Credits rewards program that
rewards the User with Restaurant Credits that can be redeemed to pay the charges by the Establishment (the
“Bill”) for the Products provided by the Establishment. Restaurant Credits can only be redeemed at and by
the Establishment up to value in Restaurant Credits awarded by the Establishment pursuant to the
Establishment Terms to the User and during the specific hours of business operation allocated for redemption
by the Establishment (“Redemption Period”). Other restrictions may apply to the redemption of the Restaurant
Credits. The User must contact the Establishment directly and before dining to determine the Redemption
Period that applies to that Establishment and whether any other restrictions apply. Restaurant Credits may
be redeemed every day that the Establishment is open for business to the public and during the Redemption
Period established by the Establishment.
7.2 Restaurant Credits. Restaurant Credits is a loyalty reward program operated by FanDine. The
accumulation of Restaurant Credits does not entitle the User to any vested rights and, in accumulating
Restaurant Credits, the Users may not rely upon the continued availability of any award, reward,
award/reward level, premium, privilege or other benefit.
Restaurant Credits have no monetary value whatsoever and cannot under any circumstances form the basis
of a monetary claim against FanDine. Restaurant Credits are not replaceable or redeemable for cash, other
than as provided in the Terms. The User may transfer as a gift any Restaurant Credits held by the User to
any other User on the Services at a rate of 1 Restaurant Credit for 1 Restaurant Credit transferred.
FanDine specifically reserves the right to amend, alter, withdraw or terminate the Restaurant Credits
program (in whole or in part), any program, benefit, award, reward, award/reward level, premium or privilege
or these rules either with or without notice. Any such changes may affect Restaurant Credits which a User
has already accumulated as well as any future accumulation of Restaurant Credits.
7.3 The User may redeem Restaurant Credits at the Establishment that issued the Restaurant Credits to
the User in part payment of a percentage of the value of the User’s Bill. Each Establishment may choose the
percentage of the value of the Bill to which that Establishment will accept part payment in Restaurant
Credits. The User must contact the Establishment directly to determine the percentage that will be accepted
by that Establishment as part payment of a Bill and whether any other restrictions will apply.
7.4 Restaurant Credits may be redeemed, traded or exchanged by the User in accordance with the terms
specified by FanDine.
7.5 FanDine will not issue Restaurant Credits to the User until the Bill has been paid. The User will
not be eligible to receive Restaurant Credits if the User does not pay the Bill. The User will not be
eligible to receive Restaurant Credits if the User’s purchase does not originate on the Services. Restaurant
Credits are non-returnable and non-refundable. Restaurant Credits may never be redeemed or exchanged for
cash or used outside the scope of the Services.
7.6 FanDine has the right to regulate or modify and eliminate Restaurant Credits in FanDine’s sole and
absolute discretion at any time and without notice to the User, including but not limited to termination of
the Establishment’s participation in the Services or in any other circumstance beyond the control of
FanDine. FanDine shall have no liability in connection with the exercise of this right.
8. Restaurant Credits Referrals Program 8.1 Eligibility. The User may be eligible to participate in the Restaurant Credits referrals program
that allows the User to refer new Users or Establishments to FanDine, refer existing Users to Establishments
and refer existing Users to Products at particular Establishments.
8.2 First Visit Reward. The User will receive a 5% discount on the User’s Bill when the User uses the
Services to purchase Products at any Establishment for the first time.
8.3 Appointment of Referrer by Referee
(a) For the Referrer to be eligible to receive a Referral Reward, the Referee must appoint the Referrer
as the person who referred FanDine to the Referee when the Referee is creating the new Account.
(b) The Referrer will not be eligible to receive the Referral Reward if the Referee’s purchase does not
originate on the Services.
(c) Once a Referee appoints a Referrer on the Services, the appointment of the Referrer is indefinite
and cannot be changed, except the Referee may be eligible to appoint a new person as Referrer in the
(i) If the original Referrer is deceased;
(ii) If the original Referrer terminates the Referrer’s Account and use of the Services; or
(iii) If the Referee makes a request to FanDine to appoint a new person as Referrer and FanDine, in its
sole discretion, agrees with the reason for the request.
(d) If any of the exceptions in Section 8.3(c) arise, the Referee may be eligible to appoint a new
Referrer. FanDine is under no obligation pursuant to Section 8.3(c) to allow the Referee to appoint a new
person as Referrer.”
8.4 Referring a new User to FanDine. When the User refers a new User to FanDine, the User may be
eligible to receive a reward (“Referral Reward”) after the Referee purchases a Product or Products from any
Establishment using the Services and pays a Bill of a minimum $10.00 at that Establishment. The Referral
Reward is valid on the Referee’s first purchase of a Product at any Establishment using the Services.
If the Referee makes a total purchase of $10.00 to $19.99 before taxes, the Referrer will be issued 0.50
Restaurant Credits as a Referral Reward. If the Referee makes a total purchase of $20.00 or more before
taxes, the Referrer will be issued 1 Restaurant Credit as a Referral Reward.
The Restaurant Credits may be subject to certain conditions of use by the Establishment, including but
not limited to a Redemption Period. The User must contact the Establishment directly to confirm any
8.5 Referring a new Establishment to FanDine. The User may be eligible to receive a Referral Reward for
referring an Establishment to FanDine that enters into an agreement for use of the Services by FanDine.
8.6 Referring an existing User to an Establishment or Product. The User may be eligible to receive a
Referral Reward for referring a User to an Establishment or if the User purchases a Promotional Product. If
the User uses the Services to purchase a Promotional Product, then refers the Promotional Product to a
Referee who subsequently purchases the Promotional Product, the User may, as Referrer, be eligible to
receive a reward in Restaurant Credits. The Establishment may implement rules or regulations relating to a
Promotional Product. The User must contact the Establishment directly to determine whether any rules or
regulations apply to the Promotional Product.
9. Ordering 9.1 The User may use the Services to order Products from an Establishment to pick up and take away or to
consume at the Establishment. The Establishment may require a deposit as partial or full payment of the
Bill. If the User fails to pick up the Products or to show up at the Establishment, the User’s Payment may
be forfeited to the Establishment.
9.2 FanDine is not a party to any transaction between the User and the Establishment. The User must
contact the Establishment directly to determine any applicable terms or conditions, or both, relating to
refunds, cancellation, or deposits imposed by the Establishment.
10. Ratings 10.1 Subject to the Code of Conduct below, the User may submit ratings on a 5 star scale and submit
reviews of an Establishment on the Services after having paid a Bill for an order made through the Services.
If the User rates an Establishment with 3 to 5 stars, the rating will immediately become visible to other
Users on the Services. If the User rates an Establishment with 1 to 2 stars, the Establishment will have an
opportunity to comment on the rating before the rating becomes visible to other Users on the Services.
11. No Representations Or Warranty 11.1 While FanDine strives to keep all content current and correct, FanDine makes no representations or
warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of
information, products, services, or related graphics contained here or on any of the websites listed.
FanDine will not be liable in any way and to any person for the access or use of the Services, including,
but not limited to errors or omissions in any information sources.
11.2 The User may make a reservation, order Products, instant message and otherwise communicate with the
User representing the Establishment, or communicate with other Users or third parties using the Services.
FanDine is not a party to any such transaction or communication. FanDine is not responsible for the failure
of an Establishment to participate in or respond to the User’s requests pursuant to the use of the Services.
FanDine provides a platform for the Services to be accessed by Establishments and Users. FanDine is not
responsible for a failure of an Establishment or a User to use the Services effectively or as required by
11.3 FanDine does not investigate or verify the content of the menu of or products or services provided
by any Establishment and shall not be responsible for any representations and warranties made by any
Establishment on the Services.
11.4 FanDine does not warrant, endorse or make any representations with respect to any content created
and displayed by any User or Establishment on the Services. The Services may contain links to third party
websites. These links are provided for the User’s convenience and are not an endorsement by FanDine of the
content on the third party websites.
12. Code Of Conduct 12.1 The User agrees to use the Services in accordance with the following Code of Conduct:
(a) The User will not use the Services to engage in any form of harassment or offensive behaviour,
including but not limited to the posting of communications, pictures or recordings which contain libellous,
slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive
(b) The User will not post, promote or distribute information that is unlawful, obscene, defamatory,
threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity.
(c) The User will not use the Services to infringe the privacy rights, intellectual property rights, or
any other rights of any person.
(d) The User will not use the Services in any manner that impersonates or otherwise misrepresents
affiliation, connection or association with, any person or entity.
(e) The User will not use the Services to promote or enable illegal or unlawful activities, such as
instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass
another person, obtain others' identity information, create or disseminate computer viruses, or circumvent
(f) The User will not forward chain letters, junk mail or spam e-mails through the Services.
(g) The User will not use the Services in any manner intended to defraud, swindle or deceive any person
or entity, including other Users of the Services.
(h) The User will not use the Services to access or disseminate another person's personal Information.
(i) The User will not use the Services to distribute or upload any virus, or malicious software of any
type, or do anything else that might interfere with the proper functioning of the Services, or cause injury
to FanDine, the computer network or systems, or any other Users' systems in any way.
(j) The User will not cause the Services to be accessed through any automated or robotic means,
including but not limited to scripts, bots, other automated, or rapid access of the site as in a
denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does
not place an unreasonable burden on the Services.
(k) The User will not harass, annoy, intimidate or threaten any employee or agent engaged in providing
any portion of the Services to the User.
(l) If the User uses any part of the Services requiring secure access, the User is responsible for
maintaining the confidentiality of the User’s Account and password and for restricting access to the User’s
computer, and the User agrees to accept responsibility for all activities that occur under the User’s
Account or password.
(m) The user may not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt or in
any way exploit the contents of the Services or the Site. The User will use the Services and Site and any
contents of the Services or Site solely for lawful purposes.
(n) The User may not use spiders, robots, data mining techniques or other automated devices or programs
to catalog, download or otherwise reproduce, store or distribute available content. The User may not take
any action to interfere with, or disrupt, the App, Services or the Site or its content, circumvent security
measures or attempt to exceed the limited authorization and access granted to the user under the Terms. No
permission is given to the User to link or provide references to Services or Site and to use any of
FanDine's intellectual property rights, including trademarks and trade names to provide such links or
references, unless the User has written agreement with FanDine’s permission.
use, storage and disclosure of personal information provided to FanDine by Users of the Services. This
FanDine respects and uphold individual rights to privacy and the protection of personal information.
FanDine knows how important it is to protect the User’s personal information and want to make every User
FanDine’s practices for the collection, use, and disclosure of the User’s personal information. FanDine will
laws applicable to the collection, use and disclosure of such information. When the User chooses to provide
FanDine with the User’s personal information, the User consents to the use of the User’s personal
13.2 Consent to Use of Data. The User agrees that FanDine may collect and use technical data and related
information, including but not limited to, technical information about the User’s device, system and
application software, and peripherals, that is gathered periodically to facilitate the provision of software
updates, product support and other services to the User, if any, related to the Services. FanDine may use
this information, as long as it is in a form that does not personally identify the User, to improve its
products or to provide services or technologies to the User.
13.3 Sharing the User’s Content and Information. The User owns all of the content and information the
User posts on FanDine and the User can control how it is shared through the User’s privacy and application
settings. In addition:
(a) For content that is covered by intellectual property rights, like photos and videos (“IP Content”),
the User specifically grants FanDine a non-exclusive, transferable, sub-licensable, royalty-free, worldwide
license to use any IP Content that the User posts on or in connection with FanDine (“IP License”).
(b) When the User deletes IP Content, the User understands that removed content may persist in backup
copies for an indefinite period of time.
(c) When the User publishes content or information on FanDine, it means that the User is allowing
everyone to access to and use of that information, and to associate it with the User.
(d) By clicking “like” for Facebook, Twitter, Linked In, or Google +1, or the equivalent for any social
media on FanDine’s website the User grants FanDine permission to post to the User’s social media account on
the User’s behalf.
(e) By linking the User’s social media account details (username and password), the User is allowing
FanDine to link the User’s User profile to the User’s social media account.
(f) By providing email addresses or uploading a .csv file the User is giving FanDine permission to send
an email to that/those address(es) on the User’s behalf.
13.4 Consent to Notifications. By opting into FanDine’s SMS (short message service using a mobile
communications data network to exchange short text messages) communications, User acknowledges and accepts
that the User will receive text messages on the User’s mobile device regarding the User’s account
information, program news, and promotions involving FanDine or FanDine’s partner network involving the
The User acknowledges and accepts that text messages from FanDine are not encrypted and information
about the User’s Account may be included in text messages. The User is responsible for keeping the User’s
personal information confidential and keeping the User’s mobile device locked with a password. FanDine is
not responsible for lost, incomplete, stolen, undelivered, or misdirected SMS messages.
13.5 CASL. By participating in the Services, the User agrees to receive reservation, wait time, order or
other confirmations by e-mail, text message or App notification after booking a reservation, requesting a
wait time or making any other request through the Services. The User agrees to receive notifications by
e-mail, text message or App notification from FanDine regarding any changes to the User’s Account, the
User’s use of the Services or to these Terms.
Pursuant to CASL, the User agrees to receive commercial electronic messages such as emails, text
messages and App notifications for the purposes related to the Terms from FanDine. The User may withdraw
this consent by written notice to FanDine.
14. Intellectual Property Rights (“IPR”) 14.1 License. Subject to the Terms, FanDine grants the User a non-exclusive, non-transferable, revocable
license to use the Services on the User’s compatible mobile or other electronic devices.
14.2 Use of Services and Site. The Services and Site and all of its content are protected by copyrights,
trade-mark, and other applicable intellectual property and proprietary laws, and is owned, controlled,
and/or licensed by FanDine and/or its affiliates or licensors. The Services and Site and its contents are
made available solely for the User’s own personal, non-commercial and lawful use. Nothing contained on the
Site should be considered as granting the User, by implication, estoppel, or otherwise, any license or right
to use any trademarks, signs, logos, or other names or copyright in the content in the Services or the Site
without the expressed written consent of the applicable rights holder.
14.3 FanDine IPR. The content and design of the Services is protected by Canadian and international
copyright laws. FanDine is the sole and exclusive copyright owners of the Services and FanDine’s content,
including, but not limited to, visual interfaces, interactive features, text, graphical content, design,
products, video, and data (“FanDine’s Content”). The User may not copy, reproduce, republish, upload, post,
display, transmit or frame any of FanDine’s content without prior written consent from the copyright owners,
except that the User may view, download, display and print a single copy of these materials on a single
computer for personal, noncommercial use only, so long as: the User does not alter or modify the materials
in any way; the User includes all applicable notices and disclaimers (including copyright notices); and the
User does not use the materials in a way that suggests an association with FanDine or an affiliated FanDine
entity. The User understands and agrees that nothing in the Terms assigns or transfers any rights, title or
interests to the content or materials on the Services to the User or any other User. FanDine neither
warrants nor represents that the User’s use of materials displayed on the Services will not infringe rights
of third parties not owned by or affiliated with FanDine. The User may use the information on the Services
solely for the User’s personal, non-commercial use. The User agrees not to use, display, distribute, modify,
reproduce, reformat, sell, or promote FanDine’s Content in any way except as expressly authorized by
FanDine. Except as otherwise authorized by FanDine, FanDine does not grant the User any express or implied
right or license to the Services, FanDine’s Content, or FanDine’s intellectual property rights.
14.4 User IPR. The User owns all of the content that the User submits to the Services, including but not
limited to the User’s photos, profile information, reviews, ratings, comments, and any other materials (the
“User’s Content”). The User specifically grants FanDine, the Users of the Services, third party websites,
mobile applications and any other entity that obtains the User’s Content from the Services, a non-exclusive,
transferable, sub-licensable, royalty-free, worldwide license to use any of the User’s Content posted on or
in connection with FanDine. The User irrevocably waives any claims or assertions any legal right that the
User may have in respect of the use of the User’s Content. The User represents and warrants that the User is
the sole author of the User’s Content or has been provided express rights or permission from the rights
holder to submit the User’s Content.
15. Assignment 15.1 User. The User may not assign, transfer, charge or otherwise seek to deal in any of its respective
rights or obligations under the Terms without the prior written consent of FanDine.
15.2 FanDine. FanDine may, without consent, assign or transfer its rights and obligations under the
16. Termination Of Use 16.1 Notice of Termination. Any notice required to be given by the User to FanDine or by FanDine to the
User pursuant to this Section 16 must be given in writing and as required by Section 26. Any termination
under this Section 16 is effective as of the time of notice deemed to have been given under Section 26.
16.2 Termination or Suspension by FanDine. FanDine may, in its sole discretion, terminate the User’s
Account or the User’s use of the Services at any time for any reason, including but not limited to the
User’s violation of the Terms, death of the User or personal bankruptcy of the User. FanDine reserves the
right to change, suspend or discontinue any or all aspects of the Services at any time without prior notice
to the User and without reason or explanation. If the User’s Account is suspended or terminated, FanDine may
prohibit the User from regaining access to the User’s Account or from creating a new Account. The User
agrees that FanDine shall not be liable for any suspension or termination of User’s Account or for any
effects thereof. FanDine must not provide notice to the User of FanDine’s termination of the User’s Account
or the User’s use of the Services.
16.3 Other Termination. The Agreement will terminate immediately if FanDine becomes bankrupt or sells or
dissolves the Services.
16.4 Effect of Termination on User Account
(a) User Termination. Any Restaurant Credits in the Account and Monetary Units in the Wallet prior to
termination of the User’s Account may become inaccessible to the User indefinitely upon termination of the
User’s Account. If the User terminates the User’s Account, the User agrees to forfeit the Restaurant Credits
in the User’s Account and Monetary Units in the Wallet. FanDine shall not be liable for the User’s loss of
Restaurant Credits or Monetary Unit upon termination of the User’s Account or for any effects thereof.
(b) FanDine Termination. If FanDine suspends or terminates the User’s Account, any Restaurant Credits in
the User’s Account and Monetary Units in the Wallet prior to suspension or termination of the User’s Account
may become inaccessible to the User indefinitely upon suspension or termination of the User’s Account.
(c) Establishment Termination. If an Establishment’s Account on the Services is suspended or terminated,
however caused, the User may be eligible to have the value of the Restaurant Credits that remain outstanding
by the User for that Establishment at the time of the termination converted into the Monetary Unit at the
following fixed exchange rate (the “Termination Exchange Rate”):
1 Restaurant Credit = 0.8 Monetary Units
The User may be eligible to have the value of the Restaurant Credits that remain outstanding by the User
converted into the Monetary Unit only for the value of the Restaurant Credits that Establishment has issued
to the User.
FanDine will convert the User’s outstanding Restaurant Credits into the Monetary Unit at the Termination
Exchange Rate only if FanDine receives the outstanding balance of Restaurant Credits in the Monetary Unit
from the Establishment at which the Restaurant Credits are redeemable (the “Funds”), pursuant to the
Establishment Terms, after the termination of the Establishment from the Services. If the Establishment does
not pay the Funds to FanDine, the Restaurant Credits outstanding by the User for the Establishment will not
be converted into the Monetary Unit and there will be no payment to the User pursuant to the termination of
the Establishment from the Services.
If an Establishment’s Account is terminated because the Establishment ceases to operate or do business,
all Restaurant Credits that remain outstanding and redeemable by the User for that Establishment will be
forfeited and cancelled.
16.5 Recourse by User. If the User is dissatisfied with the Services, Site or the Terms, the User’s sole
and exclusive remedy is to discontinue the use of the Services and Site. In such an event, the User agrees
to destroy and cease all use of all materials and intellectual property rights of FanDine obtained by the
User from the Services and Site and all copies thereof.
16.6 Survival. These provisions shall survive the termination of the Terms, however caused.
17. Force Majeure 17.1 Neither party will be liable to the other for the failure to fulfill obligations caused by
circumstances outside of its reasonable control. This clause does not apply to any of the User’s obligations
to pay charges for services provided.
18. Copyright Infringement Notices Under The Copyright Act 18.1 FanDine respects the intellectual property rights of others and require those that use the Services
to do the same. FanDine may, in appropriate circumstances and at FanDine’s discretion, remove or disable
access to material on the Services that infringes upon the copyright rights of others. FanDine also may, in
FanDine’s discretion, remove or disable links or references to an online location that contains infringing
or unlawful material or activity.
18.2 Effective January 1, 2015, the Canadian Copyright Act provides that an owner of the copyright in a
work or other subject-matter may send a notice of claimed infringement to a person who provides the means of
telecommunication through which the electronic location that is the subject of the claim of infringement is
connected to the Internet or another digital network.
18.3 If the User believes that the User’s copyright has been or is being infringed upon by material
found in the Services, the User is required to follow the following procedure to file a notification in
writing pursuant to section 41.25(2) of the Copyright Act:
(a) state the User’s name and address and any other particulars prescribed by regulation that enable
communication with the User;
(b) identify the work or other subject-matter to which the claimed infringement relates;
(c) state the User’s interest or right with respect to the copyright in the work or other
(d) specify the location data for the electronic location to which the claimed infringement relates;
(e) specify the infringement that is claimed;
(f) specify the date and time of the commission of the claimed infringement; and
(g) any other relevant information.
18.4 Upon receipt of the above written notification, FanDine shall:
(a) as soon as feasible forward the notice electronically to the person to whom the electronic location
identified by the location data specified in the notice belongs and inform the User of its forwarding or, if
applicable, of the reason why it was not possible to forward it; and
(b) retain records that will allow the identity of the person to whom the electronic location belongs to
be determined, and do so for six months beginning on the day on which the notice of claimed infringement is
received or, if the User commences proceedings relating to the claimed infringement and so notifies the
person before the end of those six months, for one year after the day on which the person receives the
notice of claimed infringement.
18.5 Note that not all unauthorized uses of copyrighted materials are infringements. The doctrine of
fair dealing under the Copyright Act may be applicable. FanDine cannot offer any legal advice. Should the
User have questions, the User must seek legal advice from a lawyer.
19. Disclaimer 19.1 THE USER UNDERSTANDS AND AGREES THAT FANDINE APP, SITE AND ANY SERVICES, CONTENT OR INFORMATION
CONTAINED ON OR PROVIDED BY THE FANDINE SERVICES IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. THE
USER UNDERSTANDS AND AGREES THAT THE USER’S USE OF THE SERVICES WILL BE AT THE USER’S OWN RISK. FANDINE DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICES. FANDINE MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE
PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE
SERVICES AND ASSUME NO RESPONSIBILITY WHATSOEVER FOR ANY INACCURACY, ERROR OR MISTAKE OF CONTENT, FOR ANY
INJURY THAT ARISES OUT OF THE USE OF OR ACCESS TO THE SERVICES, AND/OR FOR ANY UNAUTHORIZED ACCESS TO OR USE
OF THE FANDINE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. IN ADDITION, FANDINE DOES NOT
GUARANTEE THAT USE OF THE SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED
TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, SERVICE VIRUSES OR WORMS, LOSS OF DATA OR
CONTENT, AND THE USER UNDERSTANDS THAT THE USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND
CHECKPOINTS TO SATISFY THE USER’S PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. FANDINE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THE
ESTABLISHMENTS. THE USER IS SOLELY RESPONSIBLE FOR ALL OF THE USER’S COMMUNICATIONS AND INTERACTIONS WITH
THE ESTABLISHMENTS AND OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM THE USER COMMUNICATES OR
INTERACTS ON THE SERVICES. DESPITE THE ABOVE, FANDINE’S TOTAL LIABILITY TO THE USER FOR ANY CAUSE OF ACTION
THE USER TAKES AGAINST FANDINE WILL AT ALL TIMES BE LIMITED TO TWENTY DOLLARS ($20.00) OR THE AMOUNT, IF
ANY, THAT THE USER HAS PAID TO FANDINE IN THE LAST TWELVE MONTHS, WHICHEVER IS GREATER.
20. Indemnification 20.1 The User agrees that the User will indemnify and hold harmless FanDine, its directors, officers,
employees and agents against any damages, losses, liabilities, judgments, costs or expenses (including
reasonable attorneys' fees and costs) arising out of a claim by any person arising or relating to the User’s
breach of the Terms or materials the User has posted or other actions taken by the User in relation to the
21. Limitations Of Liability 21.1 THE USE OF THE SERVICES IS ENTIRELY AT THE USER’S OWN RISK, AND IN NO EVENT SHALL FANDINE BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY MONETARY OR OTHER
DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO ANY USE OF THIS
SERVICE, OR APPS OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN,
INCLUDING BUT NOT LIMITED TO ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, ANY UNAUTHORIZED ACCESS TO OR
USE OF THE FANDINE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR
CESSATION OF THE SERVICES, ANY TECHNOLOGICAL DIFFICULTIES, ANY LOSS OF THE USER’S DATA OR CONTENT FROM THE
SERVICES, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USER’S USE OF THE SERVICES, AND/OR THE DISCLOSURE OF INFORMATION PURSUANT TO THE TERMS OR TO THE
THE SERVICE. THE USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES
AVAILABLE THROUGH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE USER. FANDINE IS NEITHER AN
AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY ESTABLISHMENT OR USER OF THE SERVICES.
22. Links To Third Party Websites 22.1 The Services may contain links to other applications or websites operated by third parties,
including but not limited to Third Party Apps or Sites that may display the FanDine trade-marks (“Third
Party Apps or Sites” or “Third Party App or Site”). These links are available for the User’s convenience and
are intended only to enable access to these Third Party Apps or Sites and for no other purpose.
22.2 FanDine does not warrant or make any representation about the substance, quality, functionality,
and accuracy, fitness for a particular purpose, merchantability or any other representation about any Third
Party App or Site or its content. A link to a Third Party App or Site on FanDine does not constitute
sponsorship, endorsement, approval or responsibility for any Third Party App or Site. FanDine makes no
representation or warranty as to any products or services offered on any Third Party App or Site. The
conditions of use and legal notices that apply to the User’s use of the Services. The User must review the
conditions of use for all Third Party Apps or Sites for more information about the terms and conditions that
apply to the User’s use of Third Party Apps or Sites.
23. Entire Agreement 23.1 The Terms represent the entire agreement between the User and FanDine regarding the use of the
Services and supersedes any other agreement or understanding on the subject matter. There are no
representations or warranties or promises, express or implied, statutory or otherwise and no collateral
agreements other than as expressly set forth or referred to in the Terms.
24. Governing Law 24.1 The User agrees that any dispute or claim (including personal injury claims) related to the User’s
use of the Services is subject to the exclusive jurisdiction of a court of competent jurisdiction within the
Province of British Columbia, Canada, and will be adjudicated pursuant to the laws of British Columbia and
Canada without the application of conflict of laws principles. The Terms also apply to anyone claiming on
the User’s behalf.
25. English Language 25.1 The parties hereto acknowledge that they have required these Terms to be drawn up in the English
language. Les Parties aux présentes ont expressément requis que cette entente soit rédigée en anglais.
26. Notice 26.1 FanDine. FanDine may give any notice required by this Agreement by means of a general notice on the
Services, electronic mail to the User’s e-mail address on record in FanDine’s account information, SMS to
the User’s mobile telephone number on record in FanDine’s account information, or by written communication
by mail or courier sent to the User’s address on record in FanDine’s account information. Such notice shall
be deemed to have been given immediately after sending by electronic mail or SMS or on delivery if sending
by mail or courier.
26.2 User. The User may give any notice required by this Agreement to FanDine by written communication
in electronic mail at the e-mail address in Section 27.2 and such notice shall be deemed to have been given
48 hours after such notice has been sent.
27. Contact Information 27.1 To the extent permitted under applicable law, the User and FanDine may communicate with each other
by electronic means and such communication is acceptable as a signed writing.
27.2 If the User has any questions about the Terms or the Services, the User must contact FanDine at