a. Information You Provide
We collect certain personal information you provide to us (such as your name, address, telephone number or e-mail address), for example, when you register an account with us. Personal information is information that identifies or could reasonably be associated with you. You can choose not to provide us with such personal information although this may affect your ability to receive communications from us or use our Website.
b. Automated Information Collection
We receive and store certain types of information when you interact with our Website, emails, and online advertising. This may include information such as the type of Internet browser or computer operating system you are using and the domain name of the website from which you linked to the Website. We use this information to optimize our Website and the services we provide. In addition, when you view the Website, we may store some information on your computer in the form of a "cookie" or similar file. Cookies are small pieces of data which are stored on your computer to allow your Internet browser to remember something about a website.
At your option, you may turn off our cookies using the applicable features contained in your Internet browser; however, doing so may prevent you from accessing all or part of the Website.
We do not link your cookies to other personal information about you. Our Website uses Google Analytics, which is a web analytics service provided by the third party provider Google, Inc., and is used to evaluate use of our Website, visitor demographics and to develop Website content. This analytics data is not tied to any personal information. For more information about Google Analytics, please visit google.com/policies/privacy/partners/. You can opt-out of Google’s collection and processing of data generated by your use of the Website by going to https://tools.google.com/dlpage/gaoptout. Our Website also utilizes third-party tracking tools from third-party service providers, which may enable these third parties to analyze our Website traffic for analytics purposes. Some of these third-party service providers may collect information from this Website for retargeting and interest-based advertising purposes, also known as online behavioral advertising. For more information about these forms of ad targeting and to understand your right to opt-out from these practices, please visit https://youradchoices.ca/. All of these tools are hosted by the third parties who provide them, and your interactions with these features are governed by the privacy policies of the third parties providing them.
c. Social Media
We may offer you the opportunity to engage with us through third-party social networking websites, plug-ins and applications. Through these platforms, you may allow us to access information associated with your social media account. We may use this information to confirm your identity and to personalize your experience on our Website.
You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you through our Website. We are not responsible for any acts or omissions by any social media service provider or your use of features on their platforms.
d. Email Subscription
Where applicable, we will seek your express consent to contact you, including by way of commercial electronic emails. This consent is sought by Britebuy Inc. operating as tribeify and you can contact us at the email address or mailing address included in the Questions or Concerns section below. You may opt-out from such email communications at any time by clicking on the “unsubscribe” link in the footer of the email. Please be aware that, even if you have opted out of receiving marketing communications from us, we may still contact you for customer service responses.
We may use the information we collect to respond to your inquiry, to help us better understand your needs or how we may improve the products and services that we offer you, and to contact you in accordance with applicable law.
Otherwise, we will not disclose your personal information to others without your consent.
We do not offer the Website to anyone under the age of majority in their jurisdiction of residence and do not knowingly collect personal information from children under 13. No one under age 13 may provide any information to or on the Website. If you are under 13, do not use or provide any personal information on or through the Website, register on the Website, or use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, email address or any screen name or user name you may use.
Our service allows you to invite your friends to sign up to refer your friends by sharing a referral link via an SMS, email or other means, or by sending invitations through Tribeify’s referral page hosted on our website. If you choose to upload your contacts to the referral program, we will receive and store those contacts’ information and use it to send invitations on your behalf when you choose to do so. When you refer someone via our refer-a-friend page, your referral will include only your name.
You sign up for our refer-a-friend program by providing your first name and email address.
We generate a unique ID for so that we can make sure your successful referrals are rewarded and we send you a confirmation email.
You open our email, opt-in to receive emails about the refer-a-friend program and then click the send invites button.
We provide you with your really simple refer-a-friend form that is tagged with your unique ID.
You then add your friends email addresses, and/or share on facebook and twitter.
We send your invites out on your behalf with a message about the discount offer.
Each time one of your friends purchase one of the offers you’ve given to them you receive a gift certificate.
It’s that simple!
By entering your name and email, and accepting these Terms of Service, you agree to receive personalized tribeify refer-a-friend offers on occasion. You may unsubscribe from any individual ‘powered by tribeify’ merchant related subscription, or all tribeify emails, at any time.
Welcome to the tribeify Site (defined below). By using it, you are agreeing to these Terms of Service (defined below). Please read them carefully. If you have any questions, contact us here.
These Terms of Service were last updated on March 4, 2019.
IF YOU DO NOT AGREE TO THESE Terms of Service, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY TRIBEIFY SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER OR SERVICE OFFERED THROUGH THE SITE.
PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE Terms of Service CAREFULLY: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION/RELEASE.
These Terms of Service are organized as follows:
The Site is a platform through which certain merchants (“Merchants”) (a) issue vouchers for purchase discounts, or experiences (“Vouchers”), (b) sell services directly to you (“Merchant ”), (c) issue vouchers for discounts on dining experiences (“Vouchers”), (collectively (a)-(c), “Merchant Offerings”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the services provided. Vouchers may be distributed by tribeify. More information about the distributor of a particular Voucher is available upon request. tribeify is not an agent of Merchants.
Certain Merchant Offerings, other available programs, and pricing on the Site may change at any time in tribeify’s sole discretion, without notice.
The Site, any content on the Site, including its offer funnels, and the infrastructure used to provide the Site are proprietary to us, certain software as a service (SaaS), our affiliates, Merchants, and other content providers. By using the Site and accepting these Terms of Service: (a) tribeify grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Service and to any additional terms and policies set forth by tribeify; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software or services obtained from or through the Site without the express permission of tribeify.
As a condition of your use of the Site, you agree that:
tribeify retains the right, at our sole discretion, to deny service or use of the Site or any subscription to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your subscription accessible, the Site and/or your subscription(s) may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your subscription(s) due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
We reserve the right at all times to discontinue or modify any part of these Terms of Service in our sole discretion. If we make changes that affect your use of the Site or our services, we will post notice of the change on the Terms of Service page. Any changes to these Terms of Service will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account, cancel your subscription(s), and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Service regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Service page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Service as modified.
You may participate in multiple refer-a-friend merchant subscriptions on the Site for your personal use. You are responsible for updating and managing your subscriptions through our preferences centre. As part of your preferences, you have the option to: (a) subscribe, unsubscribe to any or all merchant program through your subscriptions. You understand and agree that tribeify shall have no responsibility for any incident arising out of, or related to, your subscription(s) preferences. You are solely responsible for maintaining your subscription(s) and maintaining preferences that reflect the merchant program offers that you receive. We will assume that anyone using the Site or transacting through your subscription(s) is you. You agree that you are solely responsible for any activity that occurs under your subscription(s).
Your subscription(s) is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. We reserve the right to change or discontinue any aspect or feature of our services or the Site, including, without limitation, requirements for use.
All interactions on the Site must comply with these Terms of Service. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your subscription(s) or forfeiture of any forms of unredeemed value associated with your subscription(s).
The following activities are prohibited on the Site and constitute violations of these Terms of Service:
By purchasing or obtaining any Merchant Offering via the Site, you agree to these Terms of Service, including, without limitation, the Terms of Sale, available here.
The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of Canada.
Tribeify owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of tribeify or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Tribeify owns trademarks, registered and unregistered, in many countries and “tribeify,” the tribeify logos and variations thereof found on the Site are trademarks owned by Britebuy Inc., or its related entities and all use of these marks inures to the benefit of tribeify. “tribeify” is a trademark registered in Canada.
Other marks on the site not owned by tribeify may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of tribeify unless otherwise stated, or may be the property of their respective owners. You may not use tribeify’s name, logos, trademarks or brands, or trademarks or brands of others on the Site without tribeify’s express permission.
The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, “User Content“) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered through, or in connection with the Site from time to time. You may be required to have a tribeify subscription to submit User Content.
If you contribute any User Content, you will not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Tribeify does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Service. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.
Tribeify shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Service and any operating rules established by tribeify, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, tribeify shall have the right to remove any material from the Communities or any other tribeify controlled sites, in its sole discretion. Tribeify assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Tribeify has no obligation to use User Content and may not use it at all.
In some instances, and from time to time, it may be possible to modify or remove the User Content submitted or posted through your subscription(s). Tribeify makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
We do not accept or consider, directly or through any tribeify employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
13. Infringement Reporting Procedures and Copyright Modernization Act of Canada (CMAC) Procedures
The contact information for tribeify’s CMAC Agent for notice of claims of copyright infringement is: Tribeify Attn: Copyright Agent, 1 Rideau Street, 7th Floor, Ottawa, ON K1N email: cmac@Britebuy.com.
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TRIBEIFY, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, TRIBEIFY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF OFFERING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY TRIBEIFY THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIBEIFY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS, , AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE Terms of Service; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL TRIBEIFY’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY TRIBEIFY THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR SERVICE-RELATED INJURY.
When you use the Site or send emails to tribeify, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content or services available on or through any such linked site or resource.
You agree to defend, indemnify, and hold harmless tribeify, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Service; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable Canadian or foreign law or rights of a third-party.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release tribeify from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
Tribeify shall be excused from performance under these Terms of Service, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of tribeify or a Merchant, as applicable.
You may not assign these Terms of Service, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of tribeify. Any attempted assignment that does not comply with these Terms of Service shall be null and void. Tribeify may assign these Terms of Service, in whole or in part, to any third party in its sole discretion.
21. Entire Agreement
Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site or tribeify’s services shall be governed by the laws of the Ontario, without regard to its choice of law rules and without regard to conflicts of laws principles.
If you reside in the Unites States, any disputes arising out of or related to these Terms of Service and/or any use by you of the Site or tribeify’s services shall be governed by the laws of the State in which you reside at the time you enter into these Terms of Service, without regard to its choice of law rules and without regard to conflicts of laws principles. Tribeify and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale as that Convention may be incorporated into applicable law.
(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Britebuy and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “Tribeify Entities”) arising out of, relating in any way to, or in connection with the Terms of Service, the Site or your use of the Site, your Personal Information or Merchant Offerings (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and tribeify are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 23(a) or Section 23(d)). The provisions of this Section 23 shall constitute your and tribeify’s written agreement to arbitrate Disputes under the Commercial Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the Canadian Arbitration Association and conducted before a single arbitrator pursuant to its applicable rules, including those applicable to Commercial Disputes, available at http://laws-lois.justice.gc.ca/eng/acts/C-34.6/. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and tribeify agree that any Dispute may only be instituted in a provincial court in Ottawa, Ontario Canada; (ii) you and tribeify irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and tribeify agree to waive any right to a trial by jury. You and Britebuy agree that the Canadian Arbitration Act, the Canadian Arbitration Act rules, applicable federal law, and the laws of the Province of Ontario, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of tribeify.
(e) Severability. With the exception of Section 23(b) above, if any part of this Section 23 is ruled to be unenforceable, then the balance of this Section 23 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 23(b) above is ruled to be unenforceable, then Section 23(a) shall be deemed unenforceable, but the rest of Section 23 shall remain in full effect.
No waiver by either you or tribeify of any breach or default or failure to exercise any right allowed under these Terms of Service is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Service. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Service invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Service, and the remaining portions of our Terms of Service shall continue in full force and effect.
You are contracting with Britebuy, Inc. operating as tribeify. Correspondence should be directed to: Britebuy, Inc., 1 Rideau Street, 7th Floor, Ottawa, ON K1N 8S7.
The provisions of these Terms of Service apply equally to, and are for the benefit of, tribeify, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.