Terms of Use
Welcome to TellMeNow.ca. Any use of the TellMeNow.ca website is governed by these terms and conditions which serve to protect you and us. So please take the time to read them carefully. If you have any questions please email us at memberservices@TellMeNow.ca.
Our Agreement
You Agree – These terms and conditions govern your access to and use of the TellMeNow.ca website including your enrolment which makes you a member of the TellMeNow.ca website (the “Member” and the “Programme”) and it is your responsibility to read and understand them. By accessing the TellMeNow.ca website you fully agree to be bound by these terms and conditions (the “Agreement”).
Changes to the Agreement – TellMeNow.ca reserves the right at any time to modify this Agreement. The most recent version is located on the TellMeNow.ca website. By accessing the TellMeNow.ca website following any modification to the Agreement, you fully agree to be bound by the modified Agreement.
If You Do Not Agree – If you do not agree to be bound by these terms and conditions or the modified Agreement, you must terminate your membership and/or refrain from accessing the TellMeNow.ca website.
Participation in the TellMeNow.ca Programme
Available to Canadian Residents – The TellMeNow.ca Programme is for the personal use of residents of Canada age thirteen (13) years or older. Residents of other countries may be able to register in the TellMeNow.ca Programme, but may not be able to participate fully as a non-Canadian resident. For example, you cannot win prizes and contests.
Your Account – Once you have entered all required information on the registration page, you will obtain an “Account” in the TellMeNow.ca Programme and by holding this Account, you will be a Member (also the “Holding Member” for that particular Account). A Member can only be one physical person. Only one (1) Account can be held by any Member. TellMeNow.ca can demand proof of identity in the event of a dispute.
Communication Via Email – By joining the TellMeNow.ca Programme you agree to allow TellMeNow.ca to communicate with you via email regarding Polls and prize redemption opportunities. TellMeNow.ca will always use this communication method responsibly.
Minors – If you are a minor in your place of residence, please obtain your parent’s permission to become a Member and please ensure that your parents review these terms. As a parent of a minor registered as a Member, you recognize that you are fully responsible for:
• The online conduct of such minor;
• Controlling the minor's access to and use of the TellMeNow.ca Programme; and
• The consequences of any misuse by the minor.
You acknowledge that some of the areas of the TellMeNow.ca website or any of its related communications may contain material that is inappropriate for minors. For example, a polling question regarding an alcohol beverage.
Use of Your Password and Account – When setting up your Account, you will be asked to provide a password for your Account. You are responsible for keeping your password confidential and for all activities that occur under your Account. Each Account must only be accessed by its Holding Member, and may not be accessed by any other, without the express permission and authorisation of TellMeNow.ca. Please let TellMeNow.ca know of any unauthorised use of your password, or any other breach of security by sending an email to memberservices@TellMeNow.ca.
NowPoints – Each Member may earn NowPoints in its own Account for:
• Enrolling in the TellMeNow.ca Programme;
• Taking advantage of NowPoints earning opportunities on the TellMeNow.ca website;
• Responding to surveys, poll and offers on the TellMeNow.ca website; and
• Complying with the terms of other offers or programmes from TellMeNow.ca.
Failure to Comply in Earning NowPoints – Unless otherwise specifically notified, NowPoints can only be earned for an Account by its Holding Member through following all instructions. A Member's failure to correctly follow any required instructions may result in no NowPoints being earned, for which the Member will have no recourse against TellMeNow.ca.
NowPoints Adjustments – TellMeNow.ca may from time to time adjust NowPoints upwards or downwards in respect to accounting errors, non-payment from third parties, refunds issued or suspected fraud, for which we have full authority.
NowPoints Earned by Another Person – In the event of regular access of the Account by a person other than its Holding Member with the purpose of earning NowPoints, TellMeNow.ca reserves the right to reclaim all NowPoints earned by access of the unauthorised person and freeze the Account, for which the Member will have no recourse against TellMeNow.ca.
Changes to NowPoints Earning Opportunities – TellMeNow.ca is not responsible for changes to, or discontinuance of any NowPoints earning opportunity, nor are we responsible for the inaccurate communication of NowPoints earned through a linked site by that participating company.
Recording of NowPoints and Redemption – NowPoints earned are recorded against your Account, however any NowPoint earned are never available for redemption until the Member has sufficient NowPoints and the participating companies have sent TellMeNow.ca confirmation that the Member has accrued sufficient NowPoints.
Available Redemption Rewards – TellMeNow.ca can change the range of products, services and offers available for the redemption of NowPoints, as well as the number of NowPoints required to make any such redemption at any time and any such change will be communicated via the TellMeNow.ca Website.
Rewards Not Provided by TellMeNow.ca – Unless specifically notified otherwise, all rewards supplied for the redemption of NowPoints are provided solely by the named third party, and TellMeNow.ca makes no warranty or representations in respect to any reward. Members must exchange defective products or goods by following the supplier-designated procedures.
NowPoints Non-transferable – NowPoints may not be transferred to other Accounts nor pooled together in any manner. The sale or barter of NowPoints is strictly prohibited.
NowPoints Expiry – NowPoints will not expire on an active Account.
No Monetary Value for NowPoints – NowPoints have no monetary value, and cannot be used for any purpose other than redeeming designated rewards and other opportunities as clearly indicated on the TellMeNow.ca Website. At no time will NowPoints be available to be refunded for their cash value.
Inactive Account – TellMeNow.ca reserves the right to suspend an Account that has not been accessed for a period of 6 continuous months or more (an “Inactive Account”). TellMeNow.ca will attempt to contact its Holding Member, via their nominated email address. In the absence of a satisfactory response in a timely fashion, the Inactive Account will be suspended, and any accrued NowPoints forfeited.
Links to Third Party Sites
Links included within the TellMeNow.ca website may let you leave the TellMeNow.ca website and enter into other website(s) (“Linked Site(s)”). The Linked Sites are not under the control of TellMeNow.ca and TellMeNow.ca is not responsible for the contents of any Linked Sites or any link contained in a Linked Site or any changes or updates to such sites. TellMeNow.ca is not responsible for webcasting or any other form of transmission received from any Linked Site. TellMeNow.ca is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by TellMeNow.ca of the site or any association with their operators.
Dealings with Advertisers
Your correspondence or dealings with, or participation in promotions and/or advertisers found on or through the TellMeNow.ca Website are solely between you and such advertiser. You agree that TellMeNow.ca shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as a result of the presence of such advertisers on the TellMeNow.ca website.
Intellectual Property
You acknowledge that all trade-marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trade marks and other intellectual property rights in and relating to the TellMeNow.ca website (hereinafter referred to as "Intellectual Property") are solely owned by TellMeNow.ca. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trade-marks, product names and company logos cited herein are the property of their respective owners.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of or used under license by TellMeNow.ca. These do not include logos and graphics which are the property of third party companies featured on the TellMeNow.ca website.
Submissions to TellMeNow.ca
Rules of Conduct – Where you are invited to submit any contribution to TellMeNow.ca (this includes any emails, comments, member submissions, forum postings, blogs, photographs, graphics, video or audio), you agree not to:
• Post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or which would serve to restrict or inhibit any other user from using or enjoying the Website, the Services or the Internet;
• Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
• Post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
• Post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
• Upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder; and
• Impersonate or falsely represent your association with any person, including a representative or forum moderator of your Service Providers.
Rights Granted to TellMeNow.ca – You agree, that by submitting your contribution you are granting TellMeNow.ca a perpetual, royalty-free, non-exclusive, sub-licensable right and the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the TellMeNow.ca Privacy Policy.
Monitoring – TellMeNow.ca has no obligation to monitor content or comments. However, to ensure the proper operation of the TellMeNow.ca website and the TellMeNow.ca Programme including the compliance of the Members with this Agreement, TellMeNow.ca may refuse to post or share any contribution, in whole or in part, in its sole discretion.
Submission of Ideas and/or Suggestions – TellMeNow.ca is always improving its Website and Programme and developing new features, and we welcome your feedback and suggestions whether provided to us on a voluntary basis or when asked to provide it on a survey for example. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them but any submission will be subject to these terms. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO TellMeNow.ca, INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, DIRECTORS AND EMPLOYEES, BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL, DIRECTLY OR INDIRECTLY, TO TellMeNow.ca, YOU ARE WAIVING ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO TellMeNow.ca THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT YOUR TellMeNow.ca IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY TellMeNow.ca, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. This section is not applicable to any personally identifiable information that you provide in connection with your enrolment in the TellMeNow.ca Programme.
Limitation of Liability
TellMeNow.ca shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to the participation or inability to participate in the TellMeNow.ca Programme. Under no conditions and in no event shall TellMeNow.ca be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of this Agreement or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of TellMeNow.ca. TellMeNow.ca does not make any warranty that the TellMeNow.ca Website is free from infection by viruses or anything else that has contaminating properties. TellMeNow.ca does not accept any liability for any losses or claims arising from any inability to access the TellMeNow.ca website.
Indemnity and Waiver
You hereby agree to indemnify and keep indemnified TellMeNow.ca its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the TellMeNow.ca website or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of the TellMeNow.ca website, your connection to the TellMeNow.ca website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the TellMeNow.ca website is done at your own discretion and risk and that you waive any right to bring any claim or action against TellMeNow.ca or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the TellMeNow.ca website or the TellMeNow.ca Programme.
Disclaimers
Accuracy of TellMeNow.ca’s Materials – The materials contained in the TellMeNow.ca website may contain inaccuracies and typographical errors. TellMeNow.ca does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the TellMeNow.ca website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. TellMeNow.ca reserves the right in its sole discretion to correct any errors or omissions in any portion of the TellMeNow.ca website.
Provided by TellMeNow.ca As Is – The TellMeNow.ca website, the information and material on the TellMeNow.ca website are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of merchantability, non-infringement or fitness for any particular purpose.
Provided by Third Parties – TellMeNow.ca does not make any warranty, guarantee nor any representation regarding the quality of, or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies.
Matters Beyond TellMeNow.ca Control – TellMeNow.ca shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of Internet services or other computer services, war, strikes, lock-outs and industrial disputes.
Assignment
TellMeNow.ca may assign or subcontract any or all of its rights and obligations under this Agreement. If TellMeNow.ca exercises this right it shall name the assignee or subcontractor on the main screen of the TellMeNow.ca website and you will be entitled to terminate this Agreement immediately. You acknowledge that you may not without the prior written consent of TellMeNow.ca assign or dispose of your obligations under this Agreement whether in part or in whole.
Term and Termination
You Agree – You agree to remain bound by this Agreement anytime you access the TellMeNow.ca website or for as long as you remain a Member unless TellMeNow.ca terminates, suspends or otherwise limits access or your Account.
You Request to Terminate Your Account – In the event that a Member expressly requests to leave the TellMeNow.ca Programme, no further communication will be entered into between TellMeNow.ca and the Member. The Member will have thirty (30) days to redeem any prizes that they may have collected subject to this Agreement. After this date, any unused claims will be forfeited. The Member acknowledges that even if his or her account is terminated, he or she may receive emails from TellMeNow.ca for a period of thirty (30) days thereafter.
Termination of the Programme – TellMeNow.ca may terminate the TellMeNow.ca Programme. TellMeNow.ca will make every effort to communicate to all Members the termination period, however TellMeNow.ca will not be held responsible for failing to notify any Member regardless of the reasons.
Account Termination by TellMeNow.ca for Cause – Any default to comply with this Agreement, fraud or abuse of the TellMeNow.ca website or TellMeNow.ca Programme or any reason deemed appropriate by TellMeNow.ca at its sole discretion will result in the immediate termination of that Member's Account and total forfeiture of any prizes or claims accrued at TellMeNow.ca sole discretion.
Modifications to TellMeNow.ca Website
TellMeNow.ca may modify or discontinue the TellMeNow.ca website and/or the TellMeNow.ca Programme (or a part thereof) with or without notice. TellMeNow.ca shall not be liable to you or any third party for any modification, suspension or discontinuance of the TellMeNow.ca website or TellMeNow.ca Programme.
General Provisions
Notices – All notices given by TellMeNow.ca to you will be given by e-mail.
Entire Agreement – This Agreement constitutes the entire Agreement between you and TellMeNow.ca and supersedes any prior agreements, arrangements, statements and understandings between TellMeNow.ca and you.
Waiver – A waiver by TellMeNow.ca of any breach by any Member of any of the terms, provisions or conditions of this Agreement or the acquiescence of TellMeNow.ca to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
No Partnership/Joint Venture – Nothing in this Agreement shall be construed as forming a partnership or joint venture with Members and no third party company will have the right or ability to create any obligation on TellMeNow.ca 's behalf.
Governing Law – This Agreement shall be governed by the laws of Ontario and the laws of Canada applicable herein and the Member consents to the exclusive jurisdiction of the Ontario courts in all matters regarding it.
Language – The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Invalidity – If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.