Abiibo Terms of Use

Last updated: July 1, 2013

Welcome to www.abiibo.com (the "Website") which is owned and operated by Abiibo Inc. ("we/"us"/"Abiibo"). If you register to request and view offers from vendors through the Website, you are accepting these Terms of Use which govern your use of the Website and our services so please read them carefully.

1. Definitions

In these Terms of Use the following capitalized terms have the following meanings:

"Deal Group" means one or more registered users of the Website who have requested Offers from merchants on the Website;

"Deal Period" means the period during which offers can be made to the Deal Group;

"Deal Request" means a request initiated by a User to receive targeted offers from Merchants;

"Join Fee" means the non-refundable transaction fee of $1.00 payable by you in respect of any Deal Group you request to join as a member. Should you decide to not commit to an Offer, the Join Fee will be credited to your profile and can be used towards a future Deal Group you request to join as a member;

"Offer" means a response to a Deal Request from a merchant provided to a Deal Group through the Website which includes details of an Offered Product together with estimated shipping, handling and any other applicable tariffs and conditions;

"Offered Product" means a product and/or service offered by a merchant to a Deal Group at a discounted or rebated rate in response to a Deal Request;

"Merchant" means a third party provider of products or services who subscribes with Abiibo to provide Offers to Deal Groups through the Website; and

"User" means an end user who has created an account on the Website in order to view and respond to Offers and to create Deal Requests.

2. Using the Site

Abiibo is a conduit and facilitator of transactions between Merchants and Users who wish to request and make Offers on the Website for the purchase of Offered Products. Anyone can browse the public areas of the Website but will be required to become a User in order to view Offers, join Deal Groups and contract with Merchants for the provision of Offered Products. For greater certainty the Website and services are not targeted at or intended for use of minors below the age of 18. If you are below the age of 18 please do not attempt to join or use the Website.

3. Moderation

All content on the Website, including Offers, are the sole responsibility of End Users and Merchants. Abiibo does not control such content posted on the Website, and as such, does not guarantee the accuracy, integrity or quality of such content. You acknowledge that by using the Website, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Abiibo be liable in any way for such materials. Abiibo reserves the right, but not the obligation to regulate content on the Website. Abiibo also has the right in its sole discretion to limit, modify, suspend or discontinue or remove any content. Abiibo and its representatives shall not be liable for any losses, damages or harm resulting from such action or inaction.

4. Creating an Account

Creating an account is free and the signup process is set out on the Website. Please note that you are fully responsible and liable for the security of your account password and any/all use or misuse of the same. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility and will not be liable, for any damages arising from or related to your failure to keep your password secure. You cannot transfer or share your account with anyone else.

5. Profile and Account Data

All information you provide through the Website, including registration information, payment information and transaction-related information, must be true and accurate. We will rely on the information you provide and will process your data in accordance with the terms of our Privacy Policy which you should review before submitting any personal information to us. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information as needed.

6. Offers on Abiibo

Once you have registered with Abiibo, You will have access to:

(i) view all Offers showcased on the Website and can elect to participate in any Deal Group by paying the Join Fee; and

(ii) solicit Offers from Merchants by creating a description of the product(s) and/or service(s) you are seeking and submitting it as a Deal Request that will be visible to all Users who can opt to join your Deal Group. During the Deal Period, your contact information and the name and contact information of each Merchant who makes an Offer will not be visible to anyone until you have selected an Offer nor will you be able to see a Merchant’s contact information. However, the Website has features that will enable you to interact with Merchants to ask questions about Offered Products and receive responses from the Merchants under their temporary alias name (eg. Company 1; Company 2).

7. Offered Products

All features, specifications, products and prices of Offered Products are provided by the applicable Merchant who has made an Offer. We make no representation as to the completeness, accuracy, or currency of any information on this Website and it is your responsibility to verify details of Offered Products prior to concluding a transaction with a Merchant.

8. Order Fulfillment

Merchants will make Offers to Deal Groups based on the description of the products and/or services the Deal Group is seeking as set out in the applicable Deal Request. If you are a member of a Deal Group and receive one or more Offers, you may select which Offer you wish to proceed with irrespective of what other members of the Deal Group choose. In order to proceed, you will be required to pay a deposit to Abiibo (the “Deposit”).

The Deposit is calculated based on the dollar value of the Offer, with the Join Fee used towards the value of the Deposit:

Offers valued at $9999.99 or lessDeposit is two percent (2%)
Offers valued at $10,000.00 - $19,999.99Deposit is one and a half percent (1.5%)
Offers valued at $20,000.00 or moreDeposit is one percent (1%)

The Deposit and Join Fee will be refunded to you if the transaction is not concluded. If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to you. We reserve the right to stop accepting credit cards from one or more issuers at any time and not to process any transactions we suspect might be fraudulent. On receipt of your Deposit, Abiibo will issue you an electronic coupon evidencing the Offer (the “Coupon”) which will include any expiry date set by the Merchant. If you do not redeem the Coupon prior to such expiry date, you will forfeit the Deposit and Join Fee. In connection with a selected Offer, Abiibo Inc. will provide you with the identity and contact information of the Merchant who provided the Offer. It is your responsibility to contact the Merchant in order to redeem the Coupon, pay the full purchase price and receive the Offered Product. Offered Products will be shipped by the Merchant or made available for collection, in accordance with that Merchant’s indicated shipping terms.

9. Abiibo Charges

Your credit card will be charged for the Join Fee when you issue a request to join a Deal Group. At that time the Join Fee will be credited towards your Deposit. Your credit card will also be charged the value of the Deposit on your acceptance of an Offer. Before your credit card is charged, an authorization will be obtained for the amount of the Join Fee or Deposit, as applicable. Unless otherwise stated, all fees are quoted in CDN Dollars. You are responsible for paying all fees and applicable taxes associated with goods you order with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Payment of the remainder of the purchase price must be made directly by you to the Merchant upon redemption of the Coupon.

10. Abiibo Commission

Once a transaction has been successfully concluded by the redemption of a Coupon, your Deposit will be non-refundable and will be converted into commission owed from the Merchant to Abiibo, meaning Users do not pay anything to Abiibo for using the services and Website except for the Join Fee.

11. Ratings

Merchants are given an overall rating based on the reviews and feedback given by you after each completed transaction. You will be given the opportunity to rate your experience on a scale of 1-5 whereby 1 is the lowest and 5 is the highest, as well as provide specific comments (collectively, the “Reviews”). Reviews will impact the rating of each Merchant. If at any time you do not redeem a Coupon, this will be deemed an “incomplete sale” and may negatively impact the rating of the associated Merchant.

12. Copyright and Trade Mark Information

All content on the Website, such as text, graphics, logos, is the property of Abiibo Inc. or its suppliers and is protected by Canadian and international copyright laws. Nothing contained on this Website should be construed as granting any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

13. Changes

We may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. In addition, these Terms of Use may be amended or updated by us from time to time and the Terms may therefore have changed since your last visit to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website after any amendments or updates to these Terms of Use shall signify your acceptance of such revised terms, however you will be required to actively accept any material changes. You should visit this page periodically to review these Terms of Use.

14. Links to Third-Party Websites & Content

This Website may contain links to other websites that are not owned or controlled by us. We are not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website not operated by us does not imply that we endorse or accept any responsibility for the content or use of such websites.

15. DISCLAIMER

THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY INCLUDING WITH ANY MERCHANT.

16. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

17. Release

Because we do not control Merchants, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and our designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Website.

18. Termination

We may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to breaches or violations of these Terms of Use, discontinuance or material modification to the Website (or any part thereof), unexpected technical, security or legal issues or problems.

19. Enforcement

If any part of these Terms of Use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Any failure by us to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. No waiver by us of any provision of these Terms of Use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

20. Refund Policy

If you are dissatisfied with a purchase of any Offered Product, we strongly encourage you to first contact the Merchant responsible for order fulfillment to seek a resolution, since most customer concerns can be resolved quickly and satisfactorily in this manner. Please also let Abiibo know by contacting our customer service support@abiibo.com so we are aware of the issue and can ensure that only quality Merchants are active on the Website. A return of the Deposit will only be granted if our investigation deems it appropriate.

21. Applicable Law and Disputes with Abiibo

The laws of the Province of Ontario, and the federal laws of Canada will govern these Terms of Use without giving any effect to any principles of conflict of law. If you have a complaint against us or need any additional information or support in using the Website, please contact us here: support@abiibo.com.

22. No Trial by Jury

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY CLAIMS ARISING IN RELATION TO THE WEBSITE, OR SERVICES OFFERED THROUGH THE WEBSITE.