AKELA INC.
Terms and Conditions

OWNERSHIP


“We”, “us”, “our” means Akela Inc.

This website (“the Website‟) is owned by us and no right, title or interest in the Website is created by virtue of your use thereof or Registration thereon.

ACCESS AND USE

These are the general Terms of Use for the Website. When using the Website you must comply with these Terms of Use, the membership terms of any loyalty program operated by any of our customers and any notices and disclaimers elsewhere on the Website (known collectively as "Terms of Use"). Subject to compliance with any applicable laws or regulatory requirements, we may change the Terms of Use from time to time so please read these each time you use the Website to ensure that you are kept up to date. We will provide you with notification on the Website where, in our exclusive discretion, we reasonably believe that any variation to these Terms of Use will cause material detriment to you. If you do not agree with them, you should leave the Website immediately.

By continuing to use the Website, you accept the current Terms of Use.


REGISTRATION

We may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, user ID or other registration information (collectively, “Registration Information”). You agree that all Registration Information provided by you is accurate and up-to-date. If you register on the Website, you will be responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. If you have reason to believe that your Registration Information is no longer confidential, you must promptly change the affected Registration Information if possible and also inform us.

It is your responsibility to qualify for and comply with all of the terms and conditions of the rewards programs offered by our Customers, including without limitation, with respect to your entitlement to participate in and redeem rewards within such programs. You acknowledge that we have no responsibility with respect to any decisions made by our Customers in the administration of their rewards programs.

INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights (including copyright) in all information, text, material, graphics, fonts, icons, code (including HTML), audio, video, photographs, software and advertisements on the Website ("Content") are owned by or licensed to us. The Content is protected by Canadian and international intellectual property laws. You must not modify, copy, reproduce, sell, frame, scrape, upload to a third party, create derivative works from, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorized in writing by us. You may not use a trade mark displayed on the Website without our or the relevant owner's written permission. Further, you must not make use of any "Meta tags" or other "hidden text" that uses our name or trade mark or product name without our written consent. The nature of this Website is interactive.

By posting content, you understand and acknowledge that some materials, ideas and other communications you transmit may not be treated as confidential. Any ideas, concepts, techniques, procedures, methods, photographs, text or other materials you transmit may be used by us anywhere, anytime for any reason. You agree that by posting messages, uploading files, inputting data or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive worldwide licence to use, reproduce, modify, adapt, translate, distribute, or sublicence the communication in any medium.

YOUR CONDUCT

You may, using an industry-standard web browser, download and view the Content for your personal, non-commercial use only. Please be aware that any information and content you disclose in publically accessible portions of the Website may be available to other users of the Website.

In using the Website and any of the services provided by us, you must not:
  1. disrupt the operation or security of the Website or those services or any accounts, servers, or networks connected or accessible through the Website;
  2. use the Website or those services in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of the Website or those services;
  3. submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  4. submit any material of any kind which violates or infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other proprietary right without first obtaining the permission of the owner or relevant right holder;
  5. submit any material of any kind which contains a virus or other harmful component;
  6. submit any material of any kind for commercial purposes;
  7. delete any author attribution's, legal notices, or proprietary designations or labels inany material that is submitted;
  8. modify or delete any content on the Website or add any content to the Website; or attempt to gain unauthorized access to any part of the Website or those services.
We may (but undertakes no duty to) review, edit, move or delete any material provided for display or placed on or communicated through the Website.

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

SERVICES AND ACCURACY OF INFORMATION

We do not warrant that the material or functions contained in the Website or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components. We do not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of the Website or materials or functions contained on the Website. You expressly acknowledge and agree that we do not control users of the Website and are not liable for their behaviour including any information, defamatory statements or offensive conduct.

DELAYS AND VIRUSES

We will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software.

IF THE WEBSITE IS UNAVAILABLE

It is your responsibility to use other means of effecting transactions and obtaining information if for any reason you are unable to use this service or the service is unavailable. We undertake to make all reasonable efforts to ensure that the service you use is available to you during the hours specified by us from time to time but we are not liable to you for or in connection with: failure of a service to perform in whole or in part, any function which we have specified it will perform; the unavailability of a service to you in whole or in part because of the failure of the communication network, ancillary equipment or any circumstance beyond our reasonable control; or delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.

LIMITATION OF LIABILITY

Subject to the following paragraph, under no circumstances will we, our customers or any related corporation or their respective directors or employees be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs) whether direct, indirect, or consequential howsoever caused (including, without limitation, negligence) suffered or incurred by you arising out of: use of, or any inability to use the Website or any third party website; the Content of this Website or any third party website; or any services offered or made available to you by us or our customers through the Website.
For greater certainty, we are not responsible for any claim arising from or pertaining to any claim of entitlement under any rewards programs in which you may participate including without limitation respect to any denial of benefits, loss, claim, dispute, theft or fraud, related thereto.

LINKING TO THIS WEBSITE

You must not create a hyperlink to any page within the Website unless we give you prior written permission.

TERMINATION

We reserve the right to immediately terminate this agreement or your use of, or access to, the Website at any time if:
  1. you have breached the Terms of Use or any relevant law, rule or regulation;
  2. you have engaged in conduct that we reasonably consider to be inappropriate or unacceptable;
  3. you are no longer a member of a loyalty program offered by one or more of our customers;
  4. we are required to do so to comply with any law, regulation or contractual obligation to which we may be subject.
MISCELLANEOUS

These Terms of Use will be governed by and construed in accordance with the laws of Ontario, Canada. You irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.

PRIVACY

Please review our Privacy Statement, which also governs your visit to the website






Privacy Statement | Terms of Use

© 2013 Akela