NOW ACCESS TERMS OF USE

By using or visiting the website nowaccess.ca (even if the visit is not for the purpose of commercial activity), you expressly agree to be bound by the Terms of Use detailed below and to comply with these Terms of Use, as well as any applicable laws and the rules that govern the use of the site. If you do not accept these terms, you must stop using the site.

You must read the following conditions carefully before using the site.

TERMS OF USE

Welcome to NOW ACCESS. The present “Website” is the property of and is administrated by NOW Communications Inc. The Website is intended for personal and non-commercial use. NOW ACCESS/NOW Communications inc. (“NOW ACCESS”) provides a service through which third-party retailers (“Retailers”) offer gift cards redeemable for goods and services from these retailers themselves or from other retailers (“by showing your prepaid Gift Card”). By using this site, you accept the risks inherent to online transactions, and you accept that NOW ACCESS and its affiliated companies as well as its respective administrators, directors, officers and employees cannot be held responsible for the actions or omissions of the website’s users. You declare and warrant that you are of legal age to enter into a binding contract in the province of residence in which the Gift Card is redeemable.

Notice of limitation of liability

The present site and its content are offered to you on an “as is” and “as available” basis, without any guarantee or condition of whatever nature, express or implied. To the fullest extent permitted by law, NOW ACCESS disclaims all warranties, express or implied, including, but not limited to, implicit warranties of merchantability or its appropriateness for a particular use, of non-infringement, of the absence of computer viruses, as well as warranties arising from course of dealing or course of performance. NOW ACCESS does not guarantee that the functions of the present site will be accessible without interruption nor exempt from errors, nor that any defects will be corrected, nor that the present site and the server that provides access to it are free of computer viruses or other harmful components, and makes no declaration to such effect.

NOW ACCESS can in no way be held responsible for any damage whatsoever, including special, indirect, incidental or consequential damage, arising from the use or the performance of the present site, or from any other site you access during the use of the present site and its content, even if NOW ACCESS had been informed of the possibility of such damage arising. Notwithstanding the preceding, in the eventuality that NOW ACCESS should be held responsible, the responsibility of NOW ACCESS and its affiliated companies as well as its respective administrators, directors, officers and employees to either yourself or a third party cannot exceed the purchase price of the Gift Card.

You must understand and agree that you are responsible for maintaining the confidentiality of passwords associated with your account. You agree that you will be solely responsible for the activities undertaken under your account. If you become aware of any unauthorized activity of any kind, you agree to notify NOW ACCESS immediately at nowaccess@nowtoronto.com or at 1-855-842-8080.

Hyperlinks to the Website

You may establish a link with the present site (“hyperlink”) on condition that:

(a) you do not reproduce any part of the content of the present site;
(b) you do not create any frame or border around the present site or its content;
(c) the hyperlink does not suggest that any product or service is recommended by the NOW ACCESS;
(d) the website linked to the present site does not contain any offensive or abusive elements, including, but not limited to, elements intended for an adult public or which are pornographic;
(e) the website linked to the present site does not contain any information, content, or other element that could be detrimental to the functioning of the present site, or which is libellous, defamatory, obscene, pornographic, abusive, or threatening, or which undermines privacy, in contravention of intellectual property laws or in contravention of any other law.

External links from the present site

The links available on the present site allow you to access websites that are neither managed nor controlled by NOW ACCESS. NOW ACCESS provides these links only for your convenience and gives no guarantee nor makes any declaration or recommendation of any nature whatsoever regarding these websites, and assumes no responsibility with regard to these other websites. Please be advised that you access these other websites at your own risk.

Indemnification

You expressly recognize and agree that you use the present site at your own risk. You undertake to defend, indemnify, and hold harmless NOW ACCESS and its affiliated companies as well as its respective administrators, directors, officers, and employees from obligations, charges, and expenses, including lawyers’ fees, arising from a breach of these conditions by yourself or the users of your account, or arising in any manner from the use of this site, including, but not limited to, the display or transmission of information or elements on the present site by yourself or the users of your account.

Copyright

All the articles, texts, illustrations, graphics, images, photographs, information, audio clips, video clips, software, and programming code available on the website (“Content”), including the manner in which the Content is presented, are protected by Canadian and foreign law, in particular with regard to copyright, and belongs to NOW ACCESS and its affiliated companies. It is prohibited for you to: i) use, reproduce, modify, adapt, translate, download, or transmit the software in whole or in part; ii) sell, rent, license or transfer the software or allow thereby its access; iii) modify, remove, or cover any trademarks or notices of ownership included in the software; and/or iv) decompile, disassemble, decrypt, extract, or strip down the website and its components, including in particular the software, or to help anyone to do so.

Trademarks

NOW ACCESS, its logo, and other graphic elements are trademarks of NOW ACCESS or its affiliated companies. The names of all other products, services, and businesses mentioned in the present site are trademarks of their respective owners. It is prohibited for you to use a trademark appearing in the present site without the express written permission of NOW ACCESS or from the owner of the trademark in question.

Modifications

NOW ACCESS reserves the right to modify or delete any content on the present site, in whole or in part, at its complete discretion, at any time and without notice. NOW ACCESS has the exclusive right to modify the present conditions at any time. If you continue to use the present site after the modification of these conditions, you are considered as having accepted the modified conditions.

Applicable law

Your use of the Website and its Services and the Conditions of Use are governed by Ontario provincial laws and the federal laws of Canada, without regard to conflict of laws. You recognize by these conditions that any litigation arising or connected with your use of the Website or its Services or to the Conditions of Use will be subject to the jurisdiction of the courts of law in the district of Toronto, Province of Ontario. You recognize that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

NOW ACCESS TERMS OF SALE

1. Purchase agreement

By clicking on the button “PURCHASE/BUY” relating to an offer posted on the site, you agree to buy from NOW ACCESS an amount exchangeable – via your NOW ACCESS card – for goods or services from the RETAILER.

2. Operation

The cost is added to your credit card via PayPal, for which NOW ACCESS will send you an email confirmation. With your purchase, you are issued a personalized NOW ACCESS card that will be sent via Canada Post by regular mail to the billing address. This card – that you must keep – can be used just like a bank card at the retailers from which you purchased an amount. Once you’ve received your card, please keep it and use it like a debit bank card. All your present or future purchases will be on this card. You can freely browse through the deals currently available on NOW ACCESS, and add any amount you desire to your account and enjoy it right away.

Customer services can be reached at nowaccess@nowtoronto.com or by calling 1-855-842-8080 between 9 a.m. and 5 p.m. from Monday to Friday (excluding holidays).

The balance of your card can be verified at any time via the website or through customer services.

3. Conditions for the exchange of gift cards – with prepaid amounts

Only the RETAILER is responsible for the goods and services bought with the gift card. All gift cards are subject to these terms of sale.

4. Service charges and tips

The gift cards are redeemable at any time and are equivalent to cash payments for goods or services. However, please note that you cannot use them to pay any tips or service changes; these must be paid with another payment method.

5. Expiration, reimbursement and transfer of the balance of your gift card

The gift cards from NOW ACCESS do not have an expiration date, in compliance with Ontario law.

All sales are final – it will not be possible to refund the amount.

Please note: All amounts – remaining balances per retailer – transferred to the account are amounts that a user actually paid without the added value. When a user proceeds with a new purchase, the additional value is re-applied as per the user’s status – between 25% and 40%.

All members have the possibility to send some amounts of money for any retailer to some other persons as gifts.

That person will receive an email with an activation link asking him/her to log in or to subscribe to Now Access.

The person receiving the gift has a period of 30 days after the reception of the email to activate his/her gift by following the activation link. If the activation link remains unclicked for more than 30 days, we will automatically send the gift back to its expeditor and an email telling him/her that the gift has not been activated will be sent.

Conditions for promotion sales or gifts are specific : the added value is valid for a period of 4 months and no return to the wallet is possible. The maximum amount of added value possible is that of Plus Members (+40%) and is not cumulative with any promotional offer.

All sales are final – it will not be possible to refund the amount if you spent a part or all of it. You have a period of 10 working days ask for a refund of the unused amount you paid.

While we are not legally responsible for retailers that close their doors, we do offer a 6- or 12-month guarantee (depending on the status of the cardholder) for all retailers online on our website. If a retailer for which you have an amount in your account is closing in the 6 or 12 months following your purchase, we will credit the amount to your e-wallet and you will then be able to use it to take advantage of other deals that are currently online. However, if a retailer closes after the guarantee period following your purchase, our guarantee is no longer applicable and you lose the amount.

It is advisable to use the gift cards promptly following their purchase in order to avoid any problems that are beyond our control that may arise from their deferred use.

6. Theft, loss and responsibility

In case of theft or loss of your gift card, you are responsible for advising NOW ACCESS’s customer services at nowaccess@nowtoronto.com or by calling 1-855-842-8080 between 9 a.m. and 5 p.m. from Monday to Friday (excluding holidays).

If you need us to issue a new card, you must deactivate your lost or stolen card and do so via your NOW ACCESS account. A fee will be charged on your credit card to issue and send a replacement card when a new card is requested. Once you request a new card, your remaining balances will be transferred on this new NOW ACCESS card.

Neither the RETAILER nor NOW ACCESS will be responsible for the loss or theft of a card.

Please feel free to send any questions you may have about the NOW ACCESS website to nowaccess@nowtoronto.com.