Terms and Conditions
“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
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
you. If you do not agree with them, you should leave the Website immediately.
By continuing to use the Website,
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.
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:
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
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.
We reserve the right to immediately
terminate this agreement or your use of, or access to, the Website at any time if:
- disrupt the operation or security
of the Website or those services or any accounts, servers, or networks connected
or accessible through the Website;
- 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;
- 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;
- 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;
- submit any material of any
kind which contains a virus or other harmful component;
- submit any material of any
kind for commercial purposes;
- delete any author attribution's,
legal notices, or proprietary designations or labels inany material that is submitted;
- 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.
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
such invalidity or unenforceability will not affect the remainder of the terms which
will continue in full force and effect.
Please review our Privacy Statement,
which also governs your visit to the website
- you have breached the Terms
of Use or any relevant law, rule or regulation;
- you have engaged in conduct
that we reasonably consider to be inappropriate or unacceptable;
- you are no longer a member
of a loyalty program offered by one or more of our customers;
- we are required to do so to
comply with any law, regulation or contractual obligation to which we may be subject.