(Last updated: November 28, 2011)
Welcome to RDeals!
The following terms and conditions (“Terms”) govern your use of RDeals™, a discount deal service (the “Service”) offering users the opportunity to purchase time-limited valuable deals via vouchers. The Service is owned and operated by 8031096 Canada Inc. (“us”, “we”, “our”), a subsidiary of Rogers Media Inc. (“Rogers”). The Service consists of our website located at www.rdeals.ca and other online areas owned or operated by us, such as our mobile and online applications (collectively or individually, the “Site”; the Service and the Site are collectively referred to as “RDeals”).
The vouchers you purchase through RDeals are redeemable for products and/or services supplied by third party merchants (collectively, “Merchants” or each, a “Merchant”). The Merchants, not us, are responsible for redeeming any voucher you purchase and for providing their products and services. The Merchants are the actual sellers of the products and services available through Vouchers. If you purchase a voucher, you will pay us the purchase price, which we collect on behalf of a Merchant. Once you have completed the purchase of a voucher and the promotion ends, we will send you the activated voucher. We may send the voucher to you electronically to your email address, mobile device, or by other means, at our discretion.
Registration / Personal Information
You are required to register and set up an account prior to purchasing a voucher. An account is required so we can collect information to allow you to pay for your vouchers and provide you with easy access to print or view your vouchers, view past purchases and modify your preferences.
You may subscribe for email alert lists for one or more cities. You may also unsubscribe from all or any email alert lists at any time by clicking on the appropriate link in any email alert you receive from RDeals.
Personal information collected in connection with the provision of the Services may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
You must be 13 years of age or older to use the Site, and you must be of the age of majority in the province in which you reside to purchase a voucher.
In addition to the RDM Terms concerning user conduct, your use of the Service is subject to your compliance with any restrictions set out in the deal offers or vouchers. Some of the deals are provided to a maximum number of purchasers or purchases per customer. Any attempt by you to circumvent those restrictions, or to otherwise purchase more than the permitted number of vouchers by using multiple or different identities, credit cards, registrations, addresses or any other method, or any attempt to conduct or promote illegal activities will void your purchases. We may determine, in our sole discretion, whether these Terms have been violated.
Third Party Content and Third Party Sites
The Site contains links to third party websites and it contains third party content, all of which are subject to the RDM Terms. We make no representation or claim regarding third party sites or content (including Merchants’). By using RDeals, you may use links to third party sites and third party content, which does not imply our or Rogers’ endorsement or affiliation with such content or sites. When you leave the Site, our terms and policies no longer govern. You should review the applicable terms and policies before proceeding with any transaction with any Merchant, and conduct your own investigation of the Merchant before proceeding to buy their voucher through RDeals or transact with them in any other way.
Limited Warranty and Disclaimer
The Site and Service are provided on an “as-is” basis without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, we expressly disclaim all representations, warranties and conditions, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement as to RDeals, or that it will be uninterrupted or error free. To the maximum extent permitted by applicable law, we do not represent or warrant that the materials on the Site or the Service are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy of RDeals or any content thereon. We are not responsible for errors, omissions and misprints relating to any deals including pricing, inclusions and exclusions.
We endeavour to provide accurate information regarding the deals made available to you through RDeals. Nevertheless, errors and misprints may occur. In such events, we may reject, correct, cancel or terminate a deal. We may do this at any time, including after you purchase a voucher. If we cancel a deal after you have purchased but not yet redeemed a voucher, we will provide you with a refund of the price you paid for the voucher.
Limitation of Liability
In addition to the Limitation of Liability terms set out in the RDM Terms, you hereby release us and Rogers from any claims of any nature whatsoever against us, Rogers, our affiliates and our respective officers, directors, employees or agents arising out of your use of the Site, the Service, or products or services obtained via your use thereof.
These Terms are governed exclusively by the laws of the province in which you reside, but if you reside outside of Canada, then these Terms are governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles, and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province.
Arbitration. Not applicable to residents of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
- these Terms;
- the Service or the Site;
- oral or written statements, advertisements or promotions relating to these Terms, the Service or the Site; or
- the relationships that result from these Terms.
Not applicable to residents of Québec: Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. We will pay all reasonable costs associated with any such arbitration. Any such arbitration will be conducted in accordance with our Arbitration Protocol, which is available at http://www.rogers.com/terms.
Terms of Sale
All vouchers are subject to these Terms and the terms of the applicable Merchant.
The Merchants not us are the actual suppliers of the products and/or services. We promote the deals and provide and deliver the voucher to consumers on behalf of the Merchant. The Merchant is responsible for redeeming the vouchers that you purchase for their products and/or services. This also means that the Merchant, not us, is responsible for any injuries, illnesses, damages, claims, liabilities, costs and other losses suffered by or in respect of you or the ultimate consumer that are caused in whole or in part by the Merchant or its products and/or services.
We are not responsible, and nor is the Merchant for any lost or stolen vouchers, or property damage or losses arising from any unredeemed vouchers.
Vouchers purchased are for your own personal use and may be gifted to another person (subject to any to any limits in the deal offer), but may not be otherwise transferred, reproduced or resold to any other person. Any such transfer, reproduction or resale of a voucher is void and the Merchant will have no obligation to accept any such voucher.
Each voucher must be used in a single visit to a Merchant. If you redeem a voucher for less than its total promotional value, then you will not receive credit or cash for the difference, unless required by applicable law.
The vouchers have no cash surrender value. Unless required by law, the vouchers cannot be redeemed for cash or applied as payment to any account. The vouchers cannot be combined with any other discounts, other vouchers, gift certificates, discounts, or promotions, unless otherwise specified by the Merchant.
Unless otherwise stated in the deal offer, a Voucher’s purchase price does not include sales, goods/services or use taxes, tips, shipping or handling, as applicable, and can be charged separately to you by the Merchant when you redeem your voucher. Voucher amounts cannot be used for any of those purposes, or for prior balances owing.
Use of a voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable law), unless otherwise stated on the voucher.
Each voucher has a cash purchase value (ie. the price to buy the voucher via RDeals) and a promotional value (ie. the value of the products or services) available for purchase via RDeals for a limited time. The deals offered through RDeals from Merchants are time sensitive, and except where prohibited by applicable law, will be subject to an expiration date, which is clearly identified in the deal offer and on the voucher. The Merchant is obligated to honour the voucher in compliance with the law and the terms of its agreement with us. For clarity, if applicable law provides for no expiration date, Merchant is obliged by law to honour the voucher after the expiration date you may redeem your voucher for the cash purchase value based on the money you actually paid (i.e. if you paid $10 for a voucher which gives you $30 of value to a Merchant, the cash purchase value is $10, not $30). If you have an expired voucher and would like to redeem it for the price you paid for it, please contact the applicable Merchant. If you have gone to a Merchant and that Merchant has refused to redeem the cash purchase value of your expired voucher, and if applicable law entitles you to such redemption, then please contact us and explain your situation in writing and we will refund the cash purchase value of the voucher in either Canadian Dollars or credit for purchases of future vouchers through RDeals. You must provide us with the following information: (i) voucher description/identification/purchase date, (ii) Merchant name, (iii) date, time and circumstances in which Merchant refused to redeem the voucher, and (iv) a sworn statement that the voucher has not been redeemed with the Merchant (under penalty of perjury).
If you are not happy with your purchase, and the Merchant has not addressed your concern, please let us know.
Contact Us about RDeals
If you have any questions or concerns in connection with these Terms or your use of RDeals, please call us at 1-800-390-8725.