Last Revised: September 1st, 2012
2.1 In this Agreement, we use various defined terms. This is what they mean:
2.1.1 "The Site" means the website located at http://www.MyTreatapp.com and other online areas owned or operated by MyTreat, such as our Facebook application and mobile phone applications.
2.1.2 "Service" means all or any of the services provided by MyTreat via The Site. MyTreat is a social platform designed to enable friends to send real treats to one another through the Site. MyTreat will notify your friends about special events, and will also suggest a treat for the occasion. MyTreat provides consumers with opportunities to purchase gifts and treats to be used at third party retailers (“Retailers”). The Services include the opportunity for you to purchase treats of the products and services of third party retailers. The Services and Site are collectively referred to here as “MyTreat”.
2.1.3 "Retailer" means a third party seller of goods and services for which a Treat can be redeemed.
2.1.4 "Treat" means a product which is subject to terms and conditions, which, if received by you, allows you to redeem it at a particular Retailer in exchange for Products offered by that Retailer.
3. Conditional Use of Our Site and Services
3.1 Your permission to use MyTreat is conditioned upon your agreement that you:
3.1.1 Are 18 years of age or older, or that you are between 13 and 17 years of age and have a parent’s or guardian’s permission to use The Site
3.1.2 Will comply with these Terms of Service,
3.1.3 Will provide accurate information when creating an account or registering for our Services,
3.1.4 Will not use the communication systems provided by or contacts made on MyTreat for any commercial solicitation purposes,
3.1.5 Will represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize MyTreat to use any and all Content submitted by you to MyTreat in accordance with the licenses granted in this Agreement,
3.1.6 Will only access MyTreat using your true and genuine Facebook account, and not create multiple Facebook accounts with the purpose of accessing individual MyTreat campaigns,
MyTreat shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
5.1 MyTreat’s participating Retailers offer MyTreat’s users to send treats to be redeemed for products and services at its stores. Retailers can issue a limited amount of gifts and treats to be sent. MyTreat users can also choose a participating Retailer and purchase a treat according to their preference.
5.2 By placing an order for a given treat, you agree to purchase the treat you have selected on the terms, restrictions and conditions associated with the treat. Once the purchase is confirmed the treat will be sent to the selected friend using the site. You are required to register an account with MyTreat in order to purchase any treat.
5.3 The treat is not valid for cash backs.
5.4 The expiration date for a treat is as printed or displayed on the treat.
5.5 If the Retailer refuses to honor the treat before the legally permitted expiration date, then MyTreat will refund you for future treats. In order to receive the credit, you must provide the following information in writing to info@MyTreatapp.com: statement of the date, time, and circumstances in which the Retailer refused to redeem the treat, and a statement that the Retailer has never redeemed the Treat.
5.6 Use of a Treat for alcoholic beverages is at the sole discretion of the Retailer (which may be limited by applicable state or provincial law), unless otherwise noted on the treat,
5.7 You hereby affirm that MyTreat has the right to determine whether any of your content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
5.8 As issuer of the Treat, the Retailer shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Retailer or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed treats.
5.9 The Site and mobile application could be accessed from countries around the world. MyTreat does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
5.10 MyTreat will provide a refund of the purchase price paid by you for any treat within 14 days after the purchase of a treat, provided that the treat has not yet been redeemed. After 14 days, MyTreat does not provide refunds. The only exception to this policy is that MyTreat will provide a refund if you are unable to redeem a treat before the applicable expiration of the treat due to the fact that the relevant Retailer has gone out of business.
6. Your Account And MyTreat Profile
MyTreat relies on Facebook Connect to know when users access the Site. If someone accesses our Site or Services using Facebook Connect, we will rely on that Facebook account and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your Facebook Connect. Please notify us immediately if you become aware that your Facebook account is being used without authorization.
7. Non-Confidentiality, Security And Privacy
7. 1 You understand that much of the information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by MyTreat, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with the purchase of a Deal, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase of a Treat, other than your credit card information, may be disclosed by us to the MyTreat participating retailers for their commercial purposes.
8. Rules Regarding Information And Other Content
8.1 When you use the Site, you can publish and obtain access to various kinds of information and materials. You agree not to post or use any content in any manner that:
8.1.1 Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
8.1.2 Violates the privacy, publicity, or other rights of third parties,
8.1.3 Is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by MyTreat in its sole discretion,
8.1.4 Is false or inaccurate,
8.1.5 Could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
8.2 You may be exposed through the Site or Services to content that violates our policies or is otherwise offensive. We take no responsibility for your exposure to content on the Site whether it violates our content policies or not.
9. General Rules Of User Conduct
9,1 Prohibited Conduct
You agree that you will not use the Application or Services for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended, including any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.
9.2 MyTreat is not responsible for a member’s misuse or misappropriation of any content or information.
9.3 We don’t have control over websites that MyTreat may be linked to. By using MyTreat you expressly relieve us from any and all liability arising from your use of any third party Site.
10. Disclaimer and Warranties
THE MYTREAT SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED AS A MERE VENUE AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY AND ALL INFORMATION, CONTENT, CHALLENGES OR FEATURES WITHOUT A NOTICE TO YOU.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OR CHALLENGE RELATED ANY TO OR MADE IN ANY USER GENERATED CONTENT AND/OR INFORMATION RECEIVED THROUGH THE SITE. THE COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR PLATFORM MENTIONED IN ANY USER GENERATED CONTENT AND/OR ANY UNSAFE, DAMAGING OR HARMFUL CHALLENGE.
11. Limitation of Liability
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS COMPANY OPERATES THE MYTREAT SITE AS A MERE VENUE. THE USE OF THE MYTREAT SITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE, OR THE USE OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE FOREGOING, COMPANY IS NOT AND WILL NOT BE ANY PART TO ANY SUCCESSFUL COMPLETION APPROVAL AND/OR ANY DISPUTES RESULTING BETWEEN USERS OF THE SITE FOR ANY REASON, WHETHER WITH RESPECT TO ANY USE OF OR INTERACTION WITH THE SITE AND/OR FOR ANY OTHER REASON. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN US DOLLARS ($10).
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
13. Intellectual Property
The Site, and the Intellectual Property rights pertaining thereto (other than User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs (including the "look and feel" of the Site), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions.
14. Copyright/Trademark Complaints
MyTreat respects the intellectual property of others. If you believe that your work has been copied, or infringed, in a way that constitutes copyright infringement or trademark infringement, please contact the Company's Copyright agent at info@MyTreatapp.com
15. Entire Agreement, Changes to this Agreement and Waivers
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. Continued use of the Service or the Site or a Treat will be deemed to constitute acceptance of the new terms and conditions.
16 Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information
This Agreement is between you and My Treat LTD in Israel. The laws of Israel govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and MyTreat that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel.
17. Force Majeure
MyTreat shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
You may contact MyTreat at the following address: MyTreat LTD, Montefiore 33, 65201, Tel Aviv, Israel. Effective date: September 1st, 2012