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By clicking submit, you are agreeing to the FanDine End User License Agreement. You also give consent to FanDine to engage your establishment, work with your staff to create your restaurant profile, and prepare for launching on the FanDine platform.
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 Services;
(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; and
(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 Privacy Policy. FanDine may modify the Terms, including the Privacy Policy, at any time, and such modifications shall be effective immediately upon posting the modified Terms and Privacy Policy on 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 participating Establishment.
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 Conversions
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 following circumstances:
(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 conditions imposed by the Establishment on the terms of use of the Restaurant Credits prior to dining at the Establishment.
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 the Terms.
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 language.
(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 copy-protect devices.
(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.

13. Privacy Policy and Consent To Use Of Data
13.1 Privacy Policy. The Privacy Policy describes the practices of FanDine with respect to collection, use, storage and disclosure of personal information provided to FanDine by Users of the Services. This Privacy Policy forms an integral part of the Terms.
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 experience safe and secure. In keeping with that goal, FanDine has developed the Privacy Policy to explain FanDine’s practices for the collection, use, and disclosure of the User’s personal information. FanDine will only collect, use or disclose the User’s personal information in accordance with this Privacy Policy and all 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 information as identified in the Privacy Policy.
The User must refer to the Privacy Policy for more details.
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 Establishments.
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 Terms.

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 subject-matter;
(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 Services.
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 PRIVACY POLICY. THE USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING 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 privacy policy of any Third Party App or Site may differ substantially from 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 support@FanDine.com.