KROWD
 

Terms of Use

Welcome to Krowd. The following terms and conditions form a binding agreement (the "Agreement") between you and Krowd Inc. (“Krowd”). Krowd has its registered office at Box 10430, Airdrie, Alberta CANADA T4A 0H7.

Please review the following terms carefully. By using the Krowd site (the “Site”) or any of Krowd’s services (“Services”), you are agreeing to these terms which govern your use of the Site and our Services. If you do not agree to these terms, you must stop using our Site and our Services. In addition, please see our Privacy Policy which describes how we use your information. The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.

Our Services

Krowd is an online community and service to help people gain access to their life through special discounts and access to our partnered companies. (the "Services") through our website and other online areas owned or operated by us, such as our Facebook and mobile phone applications (the "Site"). The Services also include the opportunity for you to access special Deals (as described below) for the products and services of third party merchants.

Conditional Use of Our Site and Services

Your permission to use the Site and Services provided by Krowd is conditional upon your agreement that you:

  • Are 13 years of age or older, but are 18 years of age or older to engage in any Deal;
  • Will comply with these Terms of Use;
  • Will not copy or distribute any part of Krowd in any medium without Krowd's prior written authorization;
  • Will provide accurate information when creating an account or registering for our Services;
  • Are solely responsible for your User ID and the activity that occurs while signed in to or while using Krowd using your User ID;
  • Will not use Krowd to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
  • Are solely responsible for your Content submissions, including your profile information and links, pictures, discussion posts and other such content;
  • Represent that you own or have the necessary licences, rights, permissions, and consents to use, and authorize Krowd to use, any and all Content submitted by you to Krowd in accordance with the licences granted in this Agreement;
  • Hereby grant each Krowd user, whether using Krowd or an application authorized by Krowd but developed via a third-party developer, a non-exclusive licence to access the Content you submit through Krowd and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Krowd's functionality and under these Terms of Service;
  • Will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy restrictions, publicity, trade secret, and similar rights, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Krowd; and
  • Hereby agree that we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Your Account and Krowd Profile

You will need to register by creating an account with Krowd (either by registering directly with us or by allowing a Krowd application to connect through your Facebook profile) in order to publish Content on the Site or obtain access to certain Services, including Deals. If you choose to create an account or Krowd profile with us, you agree to provide complete and accurate registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Krowd Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Krowd may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

Krowd relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without your authorization.

Non-Confidentiality, Security and Privacy

You understand that much of the information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by Krowd, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Deal, other than your credit card information, may be disclosed by us to the Krowd Merchant for their commercial purposes including to provide the Deal.

Our Privacy Policy explains how we collect, use and disclose information that relates to your privacy. For full details, please refer to our Privacy Policy page. Any communications between you and Krowd, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services, will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

Rules Regarding Information and Other Content

When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Krowd), and you agree not to post or use any Content in any manner that:

  • infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others,
  • breaches the privacy, publicity, or other rights of third parties,
  • is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Krowd in its sole discretion,
  • is false or inaccurate, or
  • could damage the reputation of (or otherwise damage) our company, our affiliates, our advertisers, our third party merchants that we work with, or any other third party.

Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that breaches our policies or is otherwise offense. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it breaches our policies or not.

General Rules of User Conduct

It is our goal to make the use of our Site and Services a positive experience for all of our users, so you agree not to do any of the following:

  • conduct or promote any illegal activities while using the Site or Services;
  • upload, distribute or print anything that may be harmful to children;
  • attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
  • attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
  • upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • use the Site or Services to generate or distribute unsolicited email advertisements or spam;
  • use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services; or
  • impersonate another user.

Links to Third Party Sites

We don't have control over websites that Krowd may link to. Krowd may contain links to third party websites that are not owned, operated, or controlled by Krowd. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practises of such websites or the companies that own them.

Krowd cannot and will not censor or edit the content of any third party website. By using Krowd you expressly relieve us from any and all liability arising from your use of any third party website.

Deals or Offers

Krowd provides consumers with opportunities to access products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Deal"). Merchants are willing to offer attractive promotions (“Offers”, and each an “Offer”) in order to reach the Krowd community.

1. How Deals and Offers Work

By collecting and redeeming Krowd codes, you are granted access to the Deal or Offer you have selected on the terms, restrictions and conditions associated with such Offer or Deal. Once you’ve redeemed a code for an Offer or Deal, the number of Krowd codes associated with that Offer or Deal is removed from your Krowd account. You are required to create an account with Krowd in order to access any Deal or Offer.

2. Krowd Codes

Krowd codes are a trackable means of granting users access to partnered company Deals or Offers. Users acquire Krowd codes through Krowd itself, or through our partnered companies. These Krowd codes are either general use, or restricted loyalty codes. General use Krowd codes collect in a user’s general use account (sometimes referred to as your “bank”) and can be used on any general use Offer or Deal. General use codes cannot be used towards restricted or loyalty specific deals or offers. Restricted or loyalty Krowd codes are banked directly to the partnered company at which the restricted or loyalty Krowd code was collected. Restricted or Loyalty Krowd codes can only be used in conjunction with the partnered company which granted the restricted or loyalty code. Restricted or loyalty codes cannot be used for general use Deals or Offers, unless a users first transferred his/her restricted or loyalty codes to his or her bank (general use account). Restricted or loyalty codes which a user transfers to his or her general use bank cannot be moved back to their restricted loyalty bank. The transfer is a non-reversible transaction with the flow only in one direction from restricted/loyalty to general use. Users are responsible for their Krowd code transactions. Once a Krowd code general or restricted/loyalties code is transferred or redeemed the transaction cannot be reversed. Accidental or improperly used Krowd codes will not be reimbursed to users by Krowd.

3. Deal Specific Terms

Each Deal or offer has specific terms associated with the Deal or Offer, which will be presented to you before you commit to use a Krowd code for the particular Deal or Offer. Deal (or Offer) specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

4. Krowd Code Terms

Unless otherwise stated the following additional terms apply to all Krowd codes:

  • there is no cash value associated with any Krowd code,
  • no change, cash back [or credit] will be issued for redeemed Krowd codes,
  • use of a Krowd code for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable law),
  • Krowd codes cannot be combined with any other coupons or promotions unless otherwise noted by the Merchant,
  • Krowd codes cannot be redeemed against any taxes, tips, prior balances or purchases, shipping or handling, unless otherwise noted by the Merchant, and
  • neither Krowd nor any Merchant is responsible for a user’s misuse of codes or wrongfully or improperly redeemed codes.

5. Merchant Responsibility

To be clear, Krowd markets Deals and Offers on behalf of various Merchants, but the Merchants are the issuers of the Deals or Offers. As issuer of the Deal or Offer, the particular Merchant shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from redemption or partially redeemed Krowd code. By accessing a Deal or Offer, the user agrees to its terms and the terms of this Agreement.

6. Krowd Code Refunds

You are responsible for the redemption of your Krowd codes. In no way will Krowd codes be refunded back to the user. Your redemption of Krowd codes is at your control and discretion. All redemptions of Krowd codes are final and irreversible, regardless of circumstances.

7. Deal or Offer Restrictions.

Some Deals or Offers are available with restrictions. These restrictions can include a limit on the number of Deals or Offers which can be exercised by any one user, time restrictions, blackout dates or any other restrictions attached by the Merchant offering the Deal or Offer.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our sole and unfettered discretion and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately stop using our Site and our Services. No value or compensation will be granted by Krowd for unused Krowd codes

Disclaimer

Krowd provides the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express promises or guarantees about the Site, Services or any Offers or Deals. To the maximum extent permitted by law, we and our employees, agents, suppliers and merchants disclaim any implied contractual promises that the Site and Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not promise or guarantee that Krowd will meet your needs/requirements, is error-free, be without interruption or available at all times. We do not promise or guarantee that the results that may be obtained from the use of Krowd, including any Services, Offers or deals, will be effective, reliable, accurate or meet your requirements. We make no promises as to privacy and security other than as expressly stated in our Privacy Policy. We do not promise or guarantee that you will be able to access or use the Site or Services at times or locations of your choosing. No oral or written information or advice given by a Krowd representative shall create any contractual promise. You may have additional consumer rights under your local laws that this contract cannot change.

Indemnity

You agree to compensate Krowd for all losses, expenses and other costs (including, but not limited to, reasonable legal or other third party fees) incurred by Krowd which are caused by your breach of this Agreement or any claim that any Content submitted by you causes damage to or infringes the rights of a third party. This compensation obligation will survive the termination or expiry of this Agreement.

Reservation of Rights and Release

Krowd reserves the right, but has no obligation, to monitor, or take any action Krowd deems appropriate regarding disputes that you may have with other customers of Krowd or any Merchants doing business with or through Krowd. To the extent the law permits, you waive and release us from any and all claims or liability related to any Content posted on the Site and from any and all claims related to the conduct of any other Krowd customers or any Merchants.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trade-marks and any and all other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. Our name, “Krowd”, is also our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trade marks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

The Content on Krowd, excluding all intellectual property of other sites obtained by way of API and/or linking and any Content posted by our customers, is owned by Krowd. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and any trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to Krowd, subject to copyright and other intellectual property rights under Canadian law, the laws of the jurisdiction where you reside, and international conventions. Content provided by Krowd is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the Site and Services.

As between you and us, you retain any intellectual property rights in any copyrighted materials and trade marks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license, with rights to sub-license through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

Copyright Notice

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may notify our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, his, her or its agent, or the law; and (6) A statement that the information in the notification is true, complete and accurate to the best of your knowledge and confirming your belief that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Electronic Communications

The communications between you and Krowd use electronic means, whether you visit the Site or send us emails, or whether Krowd posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Krowd in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Krowd provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Changes to this Agreement and Waivers

We may change the terms of this Agreement from time to time on a go-forward basis, and any such modifications shall become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using our Site and our Services. Your use of our Site and our Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or agreement by Krowd not to enforce its rights under this Agreement shall not be valid or effective except by way of a written agreement bearing the physical signature of an officer of Krowd. No purported agreement not to enforce any right or modification of this Agreement by Krowd given via telephone or e-mail shall be valid.

General Terms

You acknowledge and agree that you and Krowd are independent parties to this Agreement, and nothing in this Agreement creates a partnership, employment relationship or agency between us. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will not be valid. Should any part of this Agreement be held ineffective, invalid or unenforceable by a court or regulator of competent jurisdiction, the other provisions shall continue to apply. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. Our rights under this Agreement will survive any termination of this Agreement.

You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into Agreement, and to comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you confirm that you are, in any case, not less than 13 years of age. If you are under the age of 13 years old, you must cease using our Site and our Services.

This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.