TERMS AND CONDITIONS
By enrolling as a participating business of this program, or by continuing to use the program, you are indicating that you have read this Agreement, that you understand it, and that you consent to be bound by all of its terms and conditions, including the limitations of liability and terminations provisions herein and that your participation in the program is subject to this agreement, and that clicking on the “Done” button at the end of this document is legally binding for the business identified on Line 1. of the consent page.
Any redemption of Gravenhurst Dollars constitutes acceptance of these terms and conditions. The Town of Gravenhurst (“Town”), reserve the right to amend these terms and conditions at any time at its sole discretion by posting a revised copy on www.gravenhurst.ca at least 30 days prior to the effective date of any amendment that results in an increase in your liability, a reduction in services, or stricter transaction limitations.
Non-termination and continued membership in the Gravenhurst Dollar Program by a participating business constitutes acceptance of such modification and your consent to abide by any terms thereof.
Participating business acknowledges that the most recent version of this Agreement will be located on the Town website gravenhurst.ca. No other act, document, usage or custom will be deemed to amend or modify this Agreement.
Disclaimer of warranties
Except as expressly otherwise provided in this agreement, the Town and its respective subsidiaries and affiliates make no representations or warranties, express or implied, with respect to the Gravenhurst Dollar program, customer service functions, or any other subject matter of this agreement, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Limitation of Liability
Except as otherwise expressly required by this agreement or applicable law, the Town will not be liable to any participating business for performing or failing to perform any obligation under this agreement unless it has acted in bad faith. Gravenhurst Dollars are free of any warranty, express or implied. The Town is not responsible for the quality, legality, or any other aspect of the items purchased with Gravenhurst Dollars.
Purchase Disputes and Refunds
If there is any dispute in regard to purchases made using Gravenhurst Dollars, participating businesses agree to settle such disputes with the purchaser. The Town is not responsible for any problems with any goods or services that are purchased with Gravenhurst Dollars, whether with regard to quality, safety, legality, or any other aspect of the purchase.
Severability/No Waiver
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The Town’s failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of its right to subsequently enforce such provision or any other provision of these Terms and Conditions.
License
Subject to this Agreement, the Town hereby grants the participating business a non-exclusive, non-transferable license for so long as they participate in the Gravenhurst Dollar Program and adhere to this Agreement, to access, participate in and use the Program. The Town may use participant business information for direct mail communications and/or emails about upcoming promotions, events and offers. Participating businesses agree that they obtain no rights other than the rights and licenses expressly granted in the Agreement.
Fees
There are no fees associated with the Gravenhurst Dollar Program. All promotional materials and services are free, there are no annual fees and there is no expiry date.
Policies
Participating business agree to comply with this Agreement, and all other policies and rules as set forth in program materials either in print or on the Town of Gravenhurst website . The policies, including any amendments, which may be made from time to time, are hereby incorporated by reference into this Agreement. Continued use of the program by a participating business will constitute acceptance of any such amendment. The Town specifically reserves the right to amend, alter, withdraw or terminate the Gravenhurst Dollar Program, in whole or in part, with or without notice.
Termination, Discontinuation or Suspension of Use
The Town may, at its sole discretion, at any time and without prior notice terminate this Agreement, change, discontinue or limit access to the Gravenhurst Dollar Program or any functionality, feature or other component or the program, or suspend or terminate use of or access to the program, with or without notice, for any reason whatsoever, including but not limited to where it has reason to believe a participating business has breached this Agreement.
The Town retains the right to terminate sales of the Gravenhurst Dollars Program at any time. If the program is terminated and Gravenhurst Dollars are no longer sold, a participating business may continue to accept Gravenhurst Dollars and redeem for a refund by returning them with redemption form to the Chamber. No refunds will ever be honoured unless Gravenhurst Dollar notes are returned.
No Responsibility for Participating Business
Participating business agree that the Town of Gravenhurst is not an agent of any participating business and that a participating business operates independently of, and are not under control of, the Town with respect to the program or otherwise. Accordingly, The Town does not represent or warrant, or give any assurances that any participating business will receive Gravenhurst Dollars as payment for any particular transaction even where such transaction would appear to qualify for such payment. The Town does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion involving Gravenhurst Dollars. Also, no participating business assumes any liability, obligation or responsibility for the conduct of The Town of Gravenhurst with respect to the Gravenhurst Dollar Program.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein and shall be treated, in all respects, as an Ontario contract.
Time of the Essence
Time shall be of the essence in the performance of the parties' respective obligations.
Further Assurances
The participating business shall with reasonable diligence do all things and provide all reasonable assurances as may be required to give effect to the terms and conditions of this Agreement, and the participating business shall provide such further documents or instruments required by the Town as may be reasonably necessary or desirable to effect the purpose of this Agreement and to carry out its provisions.
Electronic Contract
The participating business acknowledges and agrees that this Agreement shall constitute a binding electronic contract in accordance with the Electronic Commerce Act, 2000, and that clicking on the “Done” button at the end of this document is a legally binding enrolment in the Gravenhurst Dollar Program for the business identified on Line 1 below.
