DigiCoins Canada Inc.
DigiVault
Terms andConditions

The use of your DigiVault is governed by the following terms and conditions, as well as the terms and conditions printed on the back of the DigiVault (collectively, the "Terms").

Amendment
Amendments shown with ("---" strikethough) and ("___" underline).
Amended:Jan 12, 2010
Cardholder Monthly Fee striked from document, fee was never implemented.



Use of DigiVault
Use of the DigiVault constitutes your acceptance of the Terms and Conditions. The DigiVault may be used at all participating Merchant locations. It may not be redeemed for cash. The value on your DigiVault will not be replaced (unless registered) if the DigiVault is lost, stolen, destroyed or used without your permission. The DigiVault is void if altered or defaced. All dollar amounts are in Canadian Dollars (unless otherwise specified).


Changes and Modifications
We reserve the right to change the Terms and Conditions at any time and to notify you by posting an updated version of the Terms and Conditions on our website (www.digicoins.com) and at participating Merchants. In the event of a conflict between the Terms and Conditions as posted on our web site and the Terms and Conditions available at participating Merchants, the Terms and Conditions as posted on our web site shall govern the use of your DigiVault. You are responsible for regularly reviewing the Terms and Conditions. Continued use of the DigiVault after any changes to the Terms and Conditions shall constitute your consent to such changes. We also reserve the right to change the services provided in relation to the DigiVault at any time and in any manner as determined by us in our discretion.


Registration and Password
Access to your DigiVault detailed information report will only be made available online. No printed reports will be mailed. You must complete the registration process by providing us with the DigiVault number, name, password and a valid email. You are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for any and all activities, acts or omissions that occur in relation to your DigiVault and password. We may send confidential information to the email address that you provide to us. Any lost, stolen or damaged DigiVault that has been registered online will be replaced including the DigiCoins balance as verified on the host server by us in our discretion. A replacement fee will apply. You must treat your DigiVault like cash. You do NOT have to be registered online to be eligible to earn DigiCoins.


Property Rights
THE DIGIVAULT IS THE PROPERTY OF AND IS ISSUED BY DIGICOINS CANADA INC. AND MUST BE RETURNED UPON REQUEST. The DigiVault and the DigiCoins Website contains trademark, copyright and other proprietary material owned or licensed by DigiCoins Canada Inc. (collectively the "Proprietary Material"), including, but not limited to: text, photos, graphics and images. All of the Proprietary Material is protected by applicable intellectual property rights (including copyright and trademark legislation). You agree not to modify, publish copy, create derivative works of, or in any way exploit, in whole or in part, the Proprietary Material. You agree to respect any copyright, trademark and other proprietary rights which subsist in the Proprietary Material on the DigiVault and the DigiCoins Website.


User Conduct
As a condition of your use of the DigiVault, you agree that you will:
  1. Not use the DigiVault for an unlawful, fraudulent or deceitful purpose or related in any manner to unlawful or unethical activities;
  2. Not tamper, hack, modify or otherwise bypass or attempt to bypass any security features, functionality, or any other features of the DigiVault;
  3. Not directly or indirectly resell the DigiVault; and
  4. Abide by all applicable local, provincial, national and international laws and regulations as they relate to the DigiVault;

Disclaimers/Limitation of Liability
You acknowledge and agree that DigiCoins Canada Inc. does not represent or warrant that the services provided in relation to the DigiVault will be uninterrupted or error-free, that defects will be corrected, or that the website (www.digicoins.com) is free of viruses or other harmful components. DigiCoins Canada Inc. will not be held legally responsible or be bound for any tax consequences resulting from the participation in the program or use of the DigiVault. You are solely responsible for the reporting of any benefits and the payment of any taxes levied as the case may be in any jurisdiction.


Termination
DigiCoins Canada Inc. may terminate these Terms and Conditions and the use of the DigiVault and any related service(s):
  1. at any time upon your breach, suspected breach or anticipated breach of any of these Terms and Conditions, all as determined by DigiCoins Canada Inc. in its sole discretion, with such termination effective immediately;
  2. at any time upon any order or anticipated order of any regulatory body or agency which would limit in any way the provision of the services in relation to the DigiVault;
  3. at any time upon DigiCoins Canada Inc. deciding, in its sole discretion, to terminate the DigiCoins Program. In such event, DigiCoins Canada Inc. shall post notification of its decision to terminate the DigiCoins Program online and at participating Merchant locations, no less than ninety (90) days prior to terminating the DigiCoins Program (the "Notification"). All members will then have ninety (90) days from the date of the Notification to use up the balance on their DigiVault, after which time the DigiVault will no longer be operable and the remaining balance will not be redeemable or refundable. After the date of Notification, you will not be able to add DigiCoins to your DigiVault.

Suspension of Service
DigiCoins Canada Inc. has the right at any time to suspend the services in relation to the DigiVault generally or with respect to any particular user for any reason whatsoever as determined in DigiCoins Canada Inc.'s sole discretion.


Jurisdiction
The DigiVault and related services are governed by and construed in accordance with the laws of the province of Ontario, Canada. All disputes, controversies or claims arising out of or in connection with the website or the services provided in relation to the DigiVault shall be submitted to and be subject to the jurisdiction of the courts of the province of Ontario, Canada. You submit and attorn to the exclusive jurisdiction of the courts of the province of Ontario, Canada to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the web site or the services provided in relation to the DigiVault.


Communications
Your email address is the only means we have to contact you. You are responsible for ensuring that your email address and password are kept confidential. All electronic communications from us to you shall be deemed to be delivered when sent, notwithstanding any error message or other message that we receive which indicates your email address or other contact information is no longer current or is not operational.


Privacy
If you choose to register your DigiVault via our website, then we may collect your email address for the purpose of the administration of the DigiCoins program. We also collect and store transaction information related to the account. We review collective information about DigiVault activity and history. We analyze or report collective trends in behavior. The information is stored in a secure manner and is destroyed when it is no longer required. We do not collect your password information, should you forget your password we will reissue a temporary password to provide you access to your account. This temporary password must be changed once you access your account. Refer to our website for instructions pertaining to "Forgot My Password". At the time of registration, you are given the opportunity to specify your privacy preferences. For example, you can choose not to receive any promotional materials associated with the DigiCoins program. You can change your privacy preferences at any time via our website.


Expiration Date and Fees
There is no DigiVault expiration date. DigiCoins Canada Inc. will deduct a monthly membership fee that will commence thirty (30) days following the first DigiVault activation and every thirty (30) days thereafter. This A membership fee may be amended at anytime upon DigiCoins Canada Inc. deciding, in its sole discretion. In such event, DigiCoins Canada Inc. shall post notification of its decision to amend the membership fee online and at participating Merchant locations, no less than thirty (30) days prior to implementing the changes (the "Notification").


Copyright © DIGICOINS CANADA INC. 2006. All rights reserved. Used under license