Terms of Service

3DotFive Inc. O/A Cuiseek. – Acceptance of terms and conditions.

Please read these terms and conditions (the “Terms”) carefully before using the services offered by 3DotFive Inc. O/A Cuiseek (“Cuiseek”, “we”, “us”, “our”). These Terms set forth the legally binding terms and conditions for your use of the websites, mobile applications, widgets, emails, services and any other software application offered by Cuiseek (the “Service”).

By using the Cuiseek Service, you signify your assent to

these Terms;

Cuiseek's privacy policy  ("Privacy Policy");

Google Maps APIs Terms of Service (“Google’s TOS”); and

Google Privacy Policy (“Google’s Privacy Policy”).

all of which are an integral part of these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

The Service

Cuiseek provides a mobile, location-based direct messaging service, providing email, online, and application and direct notifications of offers, discounts, coupons, coupon codes, promotions, content, notifications, and other information services (the “Offers”) on behalf businesses, merchants, advertisers, and affiliates of Cuiseek (“Merchants”) of to registered users (see Registration and Eligibility below).

Cuiseek is not responsible for the redemption, errors, omissions, availability or expiration of Offers. You are responsible for ensuring that the appropriate offer, discount, special pricing, reward, or other consideration is present in the ordering, booking, checkout, or payment process at the applicable Merchant.

All Offers featured as a part of the Service are subject to change without notice. In no event shall Cuiseek be liable, either directly or indirectly, for the legality of any Offers, the ability of any Merchants to complete the sale or transaction in accordance with the Offers, or direct, indirect, incidental, special, consequential, or punitive damages arising out of inability to access or use the Offers.

Registration and Eligibility

You may browse public parts of the Service without registering, but as a condition to using certain aspects of the Service, you are required to register with Cuiseek (the “Membership”, or “Account”) by providing accurate and complete registration information (including, but not limited to an email address, password or Facebook-linked authentication). You shall not create any account for anyone other than yourself without such person’s permission.

Cuiseek reserves the right to refuse registration of, or cancel a Membership at its sole discretion.

You represent and warrant that you are an individual, and are of legal age to form a binding contract. You must be at least the legal age of majority in the country and province or state in which you are using the Service to be eligible to use the Service.

Further, the Service is only available to legal residents of Canada and the United States. Use of the Service is prohibited by individuals governed by European Union rules, directives, or regulations regarding cookie notification, data locality, and General Data Protection Regulation 2016/679.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Service in any way.

You are solely responsible for ensuring the accuracy of your registration information, and for maintaining an up-to-date version of any Cuiseek mobile applications. Cuiseek is not responsible for any loss of offer notification due to outdated Membership information, or outdated mobile application installations.

Your mobile device must be present upon redemption of the Offer to identify yourself as having an active user. Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.

Fair Use Policy

  1. The Offers are for holders of a valid Membership only. Each Account holder is entitled to use the Offers in accordance with the terms and conditions of said Offers.
  2. Availability of the Offers is subject to change at any time. Merchants may restrict the use of Offers at their discretion. Cuiseek does not guarantee the frequency or availability of Offers.
  3. You agree to comply with the terms and conditions associated with the Offers available on or through the Services.
  4. Offers are on a first come first serve basis. Reservations are recommended by all partners to ensure usability of the offer.

Reseller Policy

Cuiseek denies the right to re-sell offers. Any attempt or action to resell any of Cuiseek’s offers, services or IP will result in immediate termination of membership or partnership.

Submissions

You acknowledge and agree that any materials, including but not limited to offers, comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to Cuiseek are non-confidential and shall become the sole property of Cuiseek.

Third-Party Content

The Service may contain links to web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. Cuiseek does not monitor, endorse, or adopt, or have any control over, any Third-Party Content. Cuiseek undertakes no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.

Copyright and Trademarks

Cuiseek is a trademark of Cuiseek Marketing Ltd. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Service are the property of their respective owners.

Privacy

Cuiseek’s Privacy Policy is a binding and integral part of these Terms.

Termination

Notwithstanding any provision of these Terms, Cuiseek reserves the right, without notice and in its sole discretion, to terminate your license and or Membership to use the Service and to block, restrict, and prevent your future access to, and use of, the Service. Additionally, Cuiseek reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in its sole discretion. Neither Cuiseek nor its suppliers or licensor’s will be liable to any person or to any third party for any modification, discontinuance, or restriction of the Service.

Warranty Disclaimer

You expressly agree that use of the Service is at your sole risk. Neither Cuiseek, its Merchants, affiliates, nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the Service will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Service, or (ii) the accuracy, reliability or content of any Offers, information or service  provided through the Service.

This Service is made accessible on an “as is” and “as available” basis. Cuiseek hereby disclaims any and all representations, warranties and conditions whether express or implied, including, but not limited to, those of title noninfringement, merchantability, and fitness for a particular purpose.

Indemnity

You agree to defend, indemnify and hold Cuiseek and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Services.

Limitation of Liability

Cuiseek shall not be liable for property damage, personal injury, loss of profits, interruption of business, or any other special consequential, or incidental damages, based on failure to perform the Services or other breaches of this Agreement, or any other theory of liability. In addition, Cuiseek shall not be liable for any loss or damages arising out of any use of the Service.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the province of Alberta, and Canada. For all purposes of these Terms, the parties consent to the exclusive jurisdiction and venue in the Provincial Court of Alberta. Use of the Service is not authorized in any jurisdiction and that does not give effect to all provisions of these Terms, including without limitation, this section.

Severability

If any part of these Terms is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Modification of Terms

Cuiseek reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any Offers, feature, database, or content) at any time by posting a notice on the Service or by sending you notice through the Service or via email. Cuiseek may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Contact

You may contact Cuiseek at: 3DotFive Inc, 1313 16 Avenue Southwest, AB, Canada T3C 0Z7.

 

Effective Date: APRIL 25, 2020