TERMS OF USE
Effective Date: December 9, 2019

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Welcome to the InFunt Site (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions,contact us : 241-8680 Cambie Rd. Richmond BC V6X 4K1 CALL:604-370-5100.

ACCEPTANCE OF TERMS OF USE

Creativefun Technology Ltd. (“ InFunt ” " we " or “ us ” or “ our ”) owns and operates the wechat mini app, InFunt, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, " Site "). By (a) using the Site and InFunt’s services through the Site, (b) signing up for an account and/or (c) completing a purchase on the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, incorporated herein by reference and located at Privacy Statement, and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the " Terms of Use ." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

if you do not agree to these terms of use, immediately stop using the site and do not use any InFunt service, participate in any program or purchase any voucher, product or other good or service offered through the site.

please review the following sections of these terms of use carefully:

(a) dispute resolution / arbitration agreement,including the class action waiver described therein

(b) limitation of liability

(c) indemnification/release

These Terms of Use are organized as follows:

  1. About the Site
  2. Ownership of the Site
  3. Use of the Site
  4. Access to the Site
  5. Modification
  6. Your Account
  7. Your Conduct
  8. Your Privacy
  9. Terms of Sale
  10. Special Programs
  11. Copyright and Trademarks
  12. User Content
  13. Unsolicited Ideas
  14. Disclaimer of Warranty
  15. Limitation of Liability
  16. Electronic Communications
  17. Websites of Others
  18. Indemnification/Release
  19. Force Majeure
  20. Assignment
  21. Entire Agreement
  22. Choice of Law
  23. Dispute Resolution
  24. Additional Disclosures

1. About the Site

The Site is a platform through which certain merchants (“ Merchants ”) (a) sell vouchers for goods, services (“ Vouchers ”), (b) sell goods and services directly to you (“ Merchant Products ”), (c) make available coupons, promotional codes, giveaways, samples, and offers for software downloads (“ Coupons ”),(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 of the goods and services provided. Vouchers may be distributed by InFunt Merchant Services. More information about the distributor of a particular Voucher is available upon request. InFunt is not an agent of Merchants.

In addition, the Site also provides a platform through which you can purchase products from InFunt (“ Products ”) and participate in other available programs.

Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in InFunt’s sole discretion, without notice.

2. Ownership of the Site

The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to us, our affiliates, Merchants, and other content providers. By using the Site and accepting these Terms of Use: (a) InFunt grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by InFunt; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of InFunt.

3. Use of the Site

As a condition of your use of the Site, you agree that:

4. Access to the Site

InFunt retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account 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 account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

5. Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use 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 Use page. Any changes to these Terms of Use 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 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 Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use 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 Use as modified.

6. Your Account

You may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that InFunt shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current, or future account credits (e.g., Groupon Bucks), and any other forms of unredeemed value in your account without notice. Upon termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, without limitation, requirements for use.

7. Your Conduct

All interactions on the Site must comply with these Terms of Use. 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 account or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Site and constitute violations of these Terms of Use:

8. Your Privacy

We take the privacy of your Personal Information (defined in the Privacy Statement) seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in and subject to these Terms of Use, and available

9. Terms of Sale

By purchasing or obtaining any Merchant Offering or Product via the Site, you agree to these Terms of Use, including, without limitation, the Terms of Sale.

10. Special Programs

By participating in special programs offered by InFunt, such as Refer-A-Friend, Coupons, or InFunt+ Deals you agree to these Terms of Use.

11. Copyright and Trademarks

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 the CANADA. InFunt 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 InFunt 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.

InFunt owns trademarks, registered and unregistered, in many countries and "InFunt," the InFunt logos and variations thereof found on the Site are trademarks owned by Creativefun Technology Ltd. or its related entities and all use of these marks inures to the benefit of InFunt.

Other marks on the site not owned by InFunt may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of InFunt unless otherwise stated, or may be the property of their respective owners. You may not use InFunt's name, logos, trademarks or brands, or trademarks or brands of others on the Site without InFunt's express permission.

12. User Content

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 on, through, or in connection with the Site from time to time. You may be required to have a InFunt account 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. InFunt 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 Use. 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.

InFunt 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 Use and any operating rules established by InFunt, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, InFunt shall have the right to remove any material from the Communities or any other InFunt controlled sites, in its sole discretion. InFunt assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. InFunt 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 account. InFunt 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.

13. Unsolicited Ideas

We do not accept or consider, directly or through any InFunt employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, 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:

14. Disclaimer of Warranty

As permitted by applicable law, you expressly agree that use of the site is at your sole risk. Neither InFunt, 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, products, or other available programs, (ii) descriptions of merchant offerings, products, 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, products 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, InFunt 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, products, 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 dealing. 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 products or any express representations or warranties by InFunt that are included in other applicable terms

15. Limitation of Liability

As permitted by applicable law, in no event shall InFunt, 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, products, and other available programs accessible or available through the site; (e) any products or services purchased or obtained directly from a merchant; (f) these terms of use; or (g) any improper use of information you provide to the site, including, without limitation, any personal information. in no event will InFunt’s liability in connection with a merchant offering, product, 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 physical products or any express representations or warranties by InFunt that are included in other applicable terms, nor are they intended to limit remedies you might have for product-related injury.

16. Electronic Communications

When you use the Site or send emails to InFunt, 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.

17. Websites of Others

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, Products, or services available on or through any such linked site or resource.

18. Indemnification/Release

You agree to defend, indemnify, and hold harmless InFunt, 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 Use; (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 InFunt 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.

19. Force Majeure

InFunt shall be excused from performance under these Terms of Use, 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 InFunt or a Merchant, as applicable.

20. Assignment

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of InFunt. Any attempted assignment that does not comply with these Terms of Use shall be null and void. InFunt may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

21. Entire Agreement

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Special Programs, Privacy Statement, and other terms incorporated by reference, constitute the entire agreement and understanding between you and InFunt with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and InFunt with respect to such subject matter.

22. Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or InFunt’s services shall be governed by the laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles.

If you reside in Canada, any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or InFunt’s services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules and without regard to conflicts of laws principles. InFunt and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.

23. Dispute Resolution/Arbitration Agreement

(a)  Binding Arbitration . Except as specifically stated herein, any dispute or claim between you InFunt 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 “InFunt Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, your Personal Information, or any Products 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 InFunt 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).

(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 InFunt agree that any Dispute may only be instituted in province court in British Columbia (ii) you and InFunt irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and InFunt agree to waive any right to a trial by jury.

(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 InFunt.

(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.

24. Additional Disclosures

No waiver by either you or InFunt of any breach or default or failure to exercise any right allowed under these Terms of Use 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 Use. 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 Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

You are contracting with Creativefun Technology Ltd. Correspondence should be directed to: 241-8680 Cambie Rd. Richmond, BC CANADA V6X 4K1.

The provisions of these Terms of Use apply equally to, and are for the benefit of, InFunt, 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.