Terms of Service

Before you use Pikaari, you should read these Terms of Service

Pikaari's services are provided by 2355859 Ontario Ltd., carrying on business as Pikaari. These Terms of Service ("Terms") govern your access to and use of Pikaari's website and services ("Services"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy.

[Last updated on February 13, 2014]

1. ABOUT THE TERMS

1.1 The "Site", "Users" and the "Terms"
What's considered the "Site", "Users", and the "Terms" is described in this paragraph.

2355859 Ontario Ltd. (carrying on business as "Pikaari") ("Corporation", "we", "us" and terms of similar meaning) provides this web site (this site and any applications, the mobile and touch versions and any individual sites or vendor-specific, city-specific, or other area-specific sites we have now or in the future, or other software provided by Corporation for use with the site or otherwise, altogether referred to as the "Site") to you subject to these terms of service, as amended (these "Terms"). In these Terms we describe users of the Site, whether registered or not, as "Users".

The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

1.2 Modifying Terms
These Terms may be modified at any time with or without notice.

Corporation reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion, with or without notice. If you do not agree with the changes, you can cancel your user account ("User Account") with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications.

1.3 Reviewing Terms
You should review these Terms periodically. If you don't agree with them, you should stop using the Site.

You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the last updated date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at the contact address below.

1.4 Interpretation of Terms
The Terms are to be interpreted and construed by Corporation.

All issues and questions concerning the construction, validity, interpretation, and enforceability of the Program, or the rights and obligations of any User in connection with the Program, shall be governed by, and construed pursuant to the sole discretion of Corporation.

2. PRIVACY POLICY

2.1 Privacy Policy

Corporation's Privacy Policy (available at www.pikaari.com/privacy) (the "Privacy Policy") describes how Corporation collects, uses and discloses personally identifiable information from Users of the Site. The Privacy Policy is expressly incorporated into these Terms. By using the Site, you agree to the Privacy Policy.

3. USER ACCOUNTS

3.1 Who Can Be a User

You can use the Site as a Registered User or a Non-Registered User (both considered to be "Users"). This Site is not directed to persons under 18.

3.2 Who Can Be a Registered User

Legal residents of Canada and the United States of America may become a Registered User. By becoming a Registered User, you agree that you are bound by these Terms and agree to be subject to both present and future Terms, conditions, procedures, regulations, and reward terms. Registered Users include both persons planning a wedding ("Wedding Participants") and vendors who are represented on the Site ("Vendors") and these Terms include both unless otherwise noted.

3.3 Registered Users
Registered Users must have a User Account, which is subject to several rules.

In order proceed as a Registered User, you must register for a User Account, which shall be subject to an approval process after registration. Only one User Account is available per individual. Only natural persons may register for a User Account, unless written approval is received in advance from Corporation. Users may register for a User Account. Currently, Wedding Participants and Vendors may use the Site free of charge. Corporation reserves the right to charge Vendors for creating a User Account, becoming a Registered User and using the Site with reasonable notice. The information you provide to us when enrolling and/or using the Program may be processed outside of Canada or United States of America.

3.4 User Account Responsibilities

If you register for a User Account on the Site, you agree to:
(a) Provide accurate information when prompted to during the registration process ("Registration Data")
(b) Keep your Password safe
(c) Update your Registration Data as soon as it changes
(d) Accept all risks of unauthorized access to your Registration Data or any other information you provide to the Site.
(e) Be responsible for all activity on your User Account.

3.5 User Account Approval Process

User Accounts are approved in Corporation's sole discretion, and may be withdrawn in Corporation's sole discretion with or without notification.

3.6 Forgotten Password

If you forget your Password, you will be directed to a password recovery page where you can recover your password by entering the email address associated with your User Account.

3.7 Terminating User Account

A Registered User may terminate their User Account at any time through the Site. Corporation reserves the right to retain User Account information, including personal information of the User, for a reasonable period of time before deleting such information.

4. COPYRIGHT & TRADEMARKS

4.1 Meaning of "Content"

In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content".

4.2 Copyright Owned by User
Users own the content they create.

Content provided by Users is called "User Content". User Content is that User's property. Corporation's only right to that User Content is the limited licenses to it granted in these Terms.

4.3 Copyright and Trade-marks Owned by Corporation
Corporation owns the content it creates.

Other than the User Content, the Site, all Content and all software available on the Site or used to create and operate the Site is the property of Corporation or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved.

Other than the User Content, the Site, the Corporation logo and all other product or service names, slogans or logos displayed on the Site are registered and/or common law trademarks of Corporation and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Corporation or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, button icons, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission of Corporation.

Any copying, posting, transmitting, distributing, linking, deep linking, or otherwise modifying of this site without the express written permission of Corporation is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and /or criminal penalties.

4.4 Trade-marks of Vendors and Third-Parties
Trade-marks of Vendors and other third parties are owned by their respective owners.

All other trademarks, company names, product names and logos mentioned on the Site are the property of their respective owners. Reference to any product, service, process or other information, by trade name, trademark, supplier, manufacturer or otherwise does not constitute or imply sponsorship, endorsement or recommendation thereof by Corporation.

4.5 Our Limited License of Content to You
Corporation is giving you a limited license to do only certain things with the Content on the Site (i.e. access, view, copy and print).

Corporation grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your User Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Corporation at any time.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

To request permission for uses of Content not included in this license, you may contact Corporation at the address set out at the bottom of these Terms.

5. USER CONTENT

5.1 Responsibility of User Content
Your User Content is your responsibility.

We have no responsibility or liability for your User Content, or for any loss or damage your User Content may cause to other people. You are also responsible for maintaining copies of any of your User Content you post or store on the Site. We are not obligated to make use of your User Content and we may also remove or modify your User Content at our absolute discretion at any time and for any reason.

5.2 Appropriate User Content in Interactive Areas
Your User Content must not be inappropriate.

The Site may contain areas accessible to the public or registered Users in which you or third parties may post photographs or other content, messages, materials or other items ("Interactive Areas"). You are solely responsible for the content of such Interactive Areas and use them at your own risk. User Content submitted to any area of the Site accessible to other Users will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

Corporation reserves the right to remove any content that violates this Section 5.2 without any notice to the User.

5.3 No Spamming Allowed
You cannot use the Interactive Areas to spam others.

You also may not use the Interactive Areas or the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Site you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

5.4 Consequences for non-compliance
If you do not follow the rules relating to User Content, you can have your rights suspended.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

6. LINKS, ETC.

6.1 Linking to the Site
You can link to the Site, as long as you follow several rules. For example, linking should not portray Corporation in a false, misleading, derogatory or defamatory manner.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Corporation or the Site or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Corporation logo or other proprietary graphic of Corporation to link to the Site without the express written permission of Corporation. Further, you may not use, frame or utilize framing techniques to enclose any Corporation or Corporation trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Corporation's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Corporation or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Corporation or any third party without the prior written permission of Corporation or such other party that may own such patent, trademark, copyright or other proprietary right(s).

6.2 Links to Third Party Websites
Corporation is not responsible for links to third-party websites and what is on those websites.

The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Corporation does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Corporation provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Corporation's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Corporation accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

7. ADVERTISING AND PROMOTIONS

7.1 Advertising and Promotions
Interacting with ads or promos from third parties on the Site is your business and responsibility, not ours.

Corporation may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Corporation, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Corporation is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

8. WARRANTY DISCLAIMER

8.1 No Representations or Warranties
Corporation makes no promises as to exactly what the Site, Content and Services can do for you. What is there is what you get.

The Site, the Content and the services provided by the Site are provided to you on an "as is" basis without warranties from Corporation of any kind, either express or implied. Corporation expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Corporation does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.

While Corporation attempts to make your access to and use of the Site safe, Corporation does not represent or warrant that the Site or any Content are free of viruses or other harmful components.

8.2 Availability of the Site
The Site may not always be available for you to use. There may be some downtime.

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. Corporation retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

8.3 Transmission of Information
Corporation is not responsible for keeping your information safe while you are transmitting it to us.

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information, including personal information and financial data (including credit card information) that you choose to communicate with Corporation and the Site while it is being transmitted. In addition, Corporation is not responsible for any data lost during transmission.

8.4 Accuracy of Information posted on the Site
Corporation cannot promise that any information posted on the Site is error-free.

Corporation does not represent or warrant that any information obtained via the Site, including information about any participating Vendor, is accurate, error free or that it is up to date. Corporation does not endorse, recommend, or guarantee any goods or services featured on the Site, and nothing will be considered an endorsement, recommendation, warranty or guarantee of the foregoing by Corporation. Corporation has no control over content submitted or posted by both Users and Vendors, or the truth, accuracy, safety or legality of such information.

8.5 Photos hosted on Amazon Web Services

User acknowledges that the photos they upload will be hosted by Amazon Web Service, and not by the Corporation.

9. LIMITATION OF LIABILITY & INDEMNITY

9.1 No Liability for Claims
Corporation is not liable for any claims related to your use of the Site.

You waive and shall not assert any claims or allegations of any nature whatsoever against Corporation, its respective affiliates or subsidiaries, sponsors, contractors, advertisers, vendors or other partners, any of its successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.

9.2 No Liability for Damages
Corporation is not liable for damages of any kind.

Without limitation of the foregoing, neither Corporation nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Corporation or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Corporation or any other Released Party's records, programs or services.

9.3 Maximum Liability
The maximum amount that Corporation is liable for is whatever fees were paid by you in the last 3 months prior to any claim.

In no event shall the aggregate liability of Corporation, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any fees paid by you for access to or use of the Site during the three months prior to the date of any claim.

9.4 Indemnity for User's Use of the Site
You must repay Corporation for any financial losses incurred by Corporation if such losses relate to your use of the Site.

You shall defend, indemnify and hold harmless Corporation and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your User Account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.

10. COMMUNICATIONS

10.1 Notices:
There are 3 ways in which we will try to notify you.

We may provide notices to you in the following ways:
(i) By email to the contact information you provided in your Registration Data;
(ii) By posting a private notice to you in the profile area of your User Account on the Site;
(iii) By posting a notice elsewhere on the Site suitable for the notice. It is your responsibility to review the Site for notices.

10.2 Receiving Information from Corporation

Corporation may send you printed or email information regarding your User Account Status as well as marketing information we believe may be of interest to you. When you register for a User Account, you have consent to receive all these types of information from us. However, you will be given the opportunity to opt-out of emails from Corporation.

11. APPLICABLE LAW AND VENUE

11.1 Governing Law
All disputes and claims shall be governed in accordance with the laws of Ontario and Canada.

The Site is controlled by Corporation and operated by it from its offices in Toronto, Ontario. You and Corporation both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and Corporation explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

11.2 Method of Conflict Resolution
Arbitration shall be the method of conflict resolution.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Site; or (d) the relationships that result from these Terms or the Site or Content (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). If you have a Claim, you should give written notice to arbitrate at the email address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

11.3 Waiver of Future Class Action
You must waive any right to be part of any class action against Corporation.

Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Corporation related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Corporation.

11.4 If Arbitration is Prohibited
If Arbitration is prohibited for some reason, conflicts shall be resolved at an appropriate court in Toronto, Ontario.

To the extent arbitration as described in the above paragraphs is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

11.5 Compliance with Local Laws
You must comply with local laws if you access the Site from locations other than Ontario.

If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Corporation and the other Released Parties for your failure to comply with any such laws.

12. MODIFICATION OF SITE AND ACCESS

12.1 Modification of Site

Corporation may modify any aspect of the Site or Content without any notice and in its sole discretion.

12.2 Limiting your Access

Corporation may block or prevent your access to and use of all or any portion of the Site or Content without any notice and in its sole discretion.

13. TERMINATION OF AGREEMENT

13.1 How to Terminate

You or Corporation may terminate these Terms and your use of the Site at any time. Termination occurs when your User Account is Terminated.

13.2 What happens on Termination

When your User Account is terminated, the following happens:

14. UNSOLICITED IDEAS

14.1 Unsolicited Ideas
Do not send Corporation unsolicited materials or ideas. If you do, we do not have to acknowledge or compensate you.

Unsolicited Ideas includes, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us Unsolicited Ideas. Nobody at Corporation will accept or consider, directly or indirectly any Unsolicited Ideas. We have no obligation to review any Unsolicited Ideas nor do we have any obligation to keep any Unsolicited Ideas confidential. If you do send us any Unsolicited Ideas, Corporation will automatically own such ideas without restriction and we will not acknowledge or compensate you. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.

15. ELECTRONIC CONTRACTING AND NOTICE

15.1 Electronic Signature
Using the Site means signing electronically.

Your affirmative act of using this Site and/or registering for the Site constitutes your electronic signature to the Terms of Service and your consent to enter into agreements with us electronically.

16. MISCELLANEOUS

16.1 Severability

If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Term will still be considered valid and enforceable.

16.2 Assignment

User may not assign or transfer any or all of their rights without prior written consent of Corporation. Corporation may assign any or all of its rights hereunder to any party without your consent.

16.3 Enurement

These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

16.4 Entire Agreement

These Terms, and the Privacy Policy expressly incorporated within, represent the entire Agreement between the Parties, and overrule any previous communications, understandings, etc.

16.5 Terms in English Language

The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.

Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

QUESTIONS AND COMMENTS

If you have any questions regarding these Terms or your use of the Site, please contact us at info@pikaari.com.

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