Terms of Use

TERMS AND CONDITIONS FOR THE USE OF THE WEST ISLAND RESTAURANTS SITE, IN GENERAL, AND SPECIFICALLY FOR THE PURCHASE OF MERCHANT VOUCHERS

1. IDENTIFICATION DES PARTIES

The terms and conditions described herein constitute the full and firm agreement between « you » and « us » in regards to the use of our site. The terms « you » and « the user » refers to the person that accesses and utilizes the site, or the company or organization that mandates this person to do so. The terms « us » and « we » and « our » refers to Site Wide Marketing Corp., its various divisions and websites it operates under the names of www.westislandrestaurants.com (« the site »).

2. ACCEPTANCE OF TERMS AND CONDITIONS

The non-exclusive right to use this site is given to you under the express condition that you endorse the terms and conditions defined in the present agreement. Thus, it is important that you read and take good notice of the present agreement before proceeding to use the site. By using the site, you confirm your acceptance of the present agreement and your engagement to respect it. If you do not agree with this agreement, as a whole or parts of it, please refrain from using the site, or otherwise be informed and warned that you are making an unauthorized use of our site.

3. PERSONAL USE BY PERSONS OF LEGAL AGE

Your use of our site is limited to personal use excluding commercial operations, unless specifically authorized by us in writing. You must be of legal age to proceed to a transaction and enter a legal contract in the province or state where the voucher will be redeemed.

4. DESCRIPTION OF SERVICES OFFERED ON OUR SITE

Site Wide Marketing Corp., operates a website located at www.westislandrestaurants.com that provide its online community of users with a platform that allows them to identify and structure their social and cultural interests, share them with their friends while browsing the web and receive suggestions and opportunities in line with their interests (« the services »). The services also include, more specifically, the publication of special offers by various merchants and the electronic transactional platform to acquire them from these merchants through the form of discounted vouchers for their product and services. But the services clearly do not include the end products or services to which they provide advantageous access, these being offered and delivered distinctly and independently by the merchants and other third parties themselves.

5. TRANSACTIONAL SERVICES RELATED TO DEALS AND VOUCHERS

The use of the site is submitted to the following rules and conditions :

• You are required to create an account and enter certain personal information, in order to purchase any deal. An account is required so we can collect information to allow you to pay for your deals and provide you with easy access to print your deals, view your past purchases, and modify your preferences.
• When you click on the « BUY » button, you agree to purchase a voucher redeemable for goods and services offered by the merchant, provided that the minimal number of vouchers sold, determined by the merchant to close the deal, has been reached.
• Consequently, your purchase will only be confirmed if the minimal number of voucher to be purchased is reached before midnight on the day the offer expires. If there is confirmation, only then will your credit card be charged for the amount of the deal and we will send you a notification eMail with instructions to print your voucher. If the set minimal number of vouchers sold, is not reached, then the offer has not been met and there is no deal and no transaction. There will be no amount whatsoever charged to your credit card.
• You acknowledge that you are buying this deal and voucher from the merchant, and that only he is responsible for honouring the voucher and its conditions, and for delivering the product and the services to which the voucher provides access to.
• Redemption of vouchers is subject to specific conditions determined by the merchant and clearly indicated on the voucher itself or on the site. The use of voucher is also subject to the following general conditions: the voucher cannot be combined with any other promotional offer for the same goods and services, reproduction of voucher in any way is strictly prohibited, and Site Wide Marketing Corp. and merchants are in no way responsible for vouchers that are either lost or stolen.

Merchants have committed to Site Wide Marketing Corp., to honour their vouchers and respect the conditions attached. If you are a user of the site and experience any difficulty with a merchant not respecting the conditions of redemption of a voucher, you can submit your claim to our customer service at the following eMail address. West Island Restaurants.com will make its best efforts to support justified claims from its users and hold the merchants to their commitments.

6. LIMITATION OF RESPONSABILITY

The user acknowledges that he will be using, on his own initiative and at his own risks, the site « as is », « as seen »,and as « made available to him ». Subject to applicable laws, Site Wide Marketing Corp makes no representations nor offers any guarantees, express or implicit, in regards to functionality of the site, its quality, possible infringements, its availability without interruption or errors, absence of bugs and computer viruses. The same limitations of responsibility apply to the content of the site, the exactitude of the information , the products and services that are publicized by the merchants. Site Wide Marketing Corp cannot be held responsible and liable in any way for damages , direct or indirect, punitive or consequential, that would follow from the use or the impossibility to use the Site. Despite the preceeding limitations, if ever Site Wide Marketing Corp were to be held responsible, its liability towards you, or any third party, cannot exceed in any case the amount of the purchase price of the voucher. Again more specifically, our responsibility and our services clearly do not include the end products or services to which they provide advantageous access, these being offered and delivered distinctly and independently by the merchants and other third parties themselves.

7. WARNING AGAINST UNLAWFUL USE OF THIS SITE

You must use this site in a lawful and respectful way, and also make sure that the use of your secured account to access this site is also conducted in the same manner. It is forbidden to submit content on this site that is obscene, pornographic, defamatory, libellous or slanderous, abusive, vulgar, threatening, non-respectful of rights of individuals or of public rights, in breach of intellectual property laws or any other law. Site Wide Marketing Corp reserves the right, and this at our own discretion and without any prior notice, to pull from its site any information transmitted or posted on it, that would contravene to the present paragraph in any way.

8. INDEMNIFICATION

The user agrees to indemnify and hold Site Wide Marketing Corp, its affiliates, its directors, employees, agents and associated third parties, harmless from any claim or liability for losses, damages or fees, submitted by any third party following the use by you (or users of your secured accounts) of the present site in breach of the present agreement or of any applicable law.

9. MANAGING YOUR ACCOUNT : CORRECT INFORMATION, PASSWORD AND SECURITY

You commit to providing correct and truthful information when you register, open your account and subsequently use our Site. It is your responsibility to protect the confidentiality of your password that gives access to your account, as you will be held fully responsible for the actions conducted from your secured account.

10. ACKNOWLEDGEMENT OF ELECTRONIC COMMUNICATION

You recognize that all electronic communications that we may send you will meet legal requirements for written notice or communications.

11. LICENSE GRANT

By posting communications on or through this Site , User shall be deemed to have granted to Site Wide Marketing Corp a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees.

12. COPYRIGHT AND TRADEMARKS

It is forbidden for you to use Copyrights and trademarks posted on this site without the written permission of Site Wide Marketing Corp or of the third party owners of these copyrights and trademarks. « West Island Restaurants » are trademarks of Site Wide Marketing Corp. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on www.westislandrestaurants.com are the property of their respective owners.

13. LINKS TO EXTERNAL SITES

West Island Restaurants.com contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by West Island Restaurants.com of the contents on such third-party sites, and West Island Restaurants.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk.

14. PRIVACY POLICY

West Island Restaurants.com’s  privacy policy in regards to the confidentiality and privacy of personal information is posted on this Site and can be accessed through the following hyperlink PRIVACY POLICY This policy is an integral part of the present agreement between us.

15. GENERAL TERMS

The present text of terms and conditions constitute the full and final agreement between us in regards to the use of our Site and Services. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. Our site is hosted and operated by Site Wide Marketing Corp. in Montreal, province of Québec, Canada. Consequently, the parties agree that this agreement between us intervened in Montreal and that any related dispute will be submitted and settled exclusively through the Québec judiciary system in the district of Montreal. This agreement and its interpretation is subject to the laws of Québec and the Canadian federal laws that are applicable.

TERMS OF SALE

1. Agreement to Purchase. By clicking the "BUY NOW" button on an offer on the Site, you agree to purchase a Voucher from WESTISLANDRESTAURANTS to be exchanged for goods or services of the Merchant, provided that a predetermined number of purchasers, as stated on the offer, have also agreed to purchase the offer for the offer to be validly sold to you ("required number of purchasers").

2. Distribution of Vouchers. If the required number of purchasers is reached before midnight on the day of the offer, your credit card will be charged and WESTISLANDRESTAURANTS shall email you a Voucher which you must print and present to the Merchant in order to redeem the offer; if the required number of purchasers is not reached, the offer expires and your credit card will not be charged.

3. Terms for Redemption of Vouchers. The Merchant, not WESTISLANDRESTAURANTS, is the seller of the Voucher and is solely responsible for the goods and services purchased. All Vouchers are subject to these Terms, and the Merchant's own policies and terms of redemption. Neither the Merchant nor WESTISLANDRESTAURANTS shall be responsible for lost or stolen Vouchers. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant or on the Voucher. Reproduction of this Voucher is strictly prohibited. The sale or trade of this Voucher may be restricted in accordance with the Merchant's own policies and terms of redemption. Vouchers can be redeemed at any time prior to their expiry date, or as otherwise agreed to by the Merchant. Vouchers redeemed for less than face value may entitle you to a credit or cash for the balance, at the discretion of the Merchant.

4. Merchant ceases operation. The voucher you purchase may be redeemed for goods and/or services available from the seller of such goods and services, defined as the "Merchant." The Merchant, not West Island Restaurants.com, is the seller of all goods and services and is solely responsible for redeeming any voucher you purchase. In the unlikely case that a merchant closes its doors before redeeming a voucher, The Merchant, not WESTISLANDRESTAURANTS, is solely responsible. It is always best to redeem your vouchers as soon as possible to ensure there is no complications.