Last Updated: 1/7/2015
This Agreement sets forth the terms and conditions that apply to the use of FortStJohn.com by the End User. By using FortStJohn.com, End User agrees to comply with all of the terms and conditions hereof. Additional terms and conditions related to any offer and purchase from, or related to, FortStJohn.com are as set out in Part II “Terms of Sale”.
FortStJohn.com shall have the right at any time to change or discontinue any aspect or feature of FortStJohn.com, including, but not limited to, content, hours of availability, or software and equipment needed for access or use of FortStJohn.com, or any aspect or feature thereof. FortStJohn.com may discontinue delivering any data, information or materials, may change or eliminate any transmission method, or may change transmission types, speeds or other characteristics of FortStJohn.com.
FortStJohn.com reserves the right to make any necessary or desired changes to these Terms and Conditions for any purpose at any time without prior notification to you. Changes will take effect immediately upon being posted. It is your responsibility to periodically review these terms and conditions to ensure compliance and agreement. Your continued use of FortStJohn.com after posted changes functions as your consent to the revised Terms and Conditions. If you do not at any time agree or consent to these Terms and Conditions you must immediately stop using FortStJohn.com.
End User shall be responsible for protecting the confidentiality of End User’s password(s). End User acknowledges that the Internet is often an unsecure environment, there are interruptions in service or events that are beyond the control of FortStJohn.com, and FortStJohn.com shall not be responsible for any data, information, or materials lost while transmitting information to or from FortStJohn.com.
End User shall be responsible for obtaining and maintaining all internet service, telecommunications, telephone, software, hardware and other equipment or services needed to access or use FortStJohn.com and for all charges related thereto. FORTSTJOHN.COM shall not be liable for any damages to the End User’s equipment or software (or other personal property) resulting from the use or non use of FortStJohn.com.
End User Conduct
End User shall not post or transmit on or through FortStJohn.com any material which is a violation or infringement of any rights of others in any way, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages criminal behavior or offenses, gives rise to civil liability or otherwise violates any law, or which, without FORTSTJOHN.COM’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that, in FORTSTJOHN.COM’s exclusive discretion, restricts or inhibits any other person from using or enjoying FortStJohn.com or any of the Related Sites is strictly prohibited. End User shall not use FortStJohn.com or any of the Related Sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of FortStJohn.com or the Related Sites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with FORTSTJOHN.COM.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of FORTSTJOHN.COM, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
End User shall not attempt to, circumvent or hack any security requirement or process in the use of the FortStJohn.com, or attempt to access any part of the FortStJohn.com (or any of their related systems, networks, servers or other equipment) for which the End User is not authorized to access, or attempt to disrupt in any manner the operation of the FortStJohn.com, its servers or networks, or disobey any requirements, procedures, policies or regulations of FORTSTJOHN.COM’s networks connected to FortStJohn.com, or manipulate identifiers in order to disguise the origin of any content transmitted on or through FortStJohn.com, or the source of any content.
Ownership: Copyright and Trademarks
Everything located on or in FortStJohn.com is the exclusive property of FORTSTJOHN.COM or used with express permission of the copyright or trademark owners. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF FORTSTJOHN.COM WITHOUT THE EXPRESS WRITTEN PERMISSION OF FORTSTJOHN.COM IS STRICTLY PROHIBITED. Any violation of foregoing may result in infringement that may subject End User to civil or criminal penalties.
FortStJohn.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of FortStJohn.com are protected by copyright as a collective work under Canadian copyright laws, and international treaties respecting copyright. FORTSTJOHN.COM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may (where expressly permitted to do so) download, print and save copyrighted material for End User’s personal use only.
Except as otherwise expressly stated under applicable copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express permission of FORTSTJOHN.COM and the copyright owner.
If copying, redistribution or publication of copyrighted material is permitted, you shall not change or delete any author attribution, trademark legend or copyright notice. End User does not acquire any ownership rights by downloading or using copyrighted material.
As between the End User and FORTSTJOHN.COM, all trademarks located on FortStJohn.com are, and will remain, the exclusive property of FORTSTJOHN.COM.
You shall not upload, post or otherwise make available on FortStJohn.com 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. FORTSTJOHN.COM is not required or responsible to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. YOU ARE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM ANY INFRINGEMENT OF COPYRIGHTS, TRADEMARKS, PROPRIETARY RIGHTS OR ANY OTHER HARM RESULTING FROM SUCH A SUBMISSION, AND YOU SHALL INDEMNIFY FORTSTJOHN.COM FOR ANY CLAIM ARISING RELATED TO ANY OF YOUR ACTIONS.
By uploading or submitting any material to publicly available areas of FortStJohn.com, End User warrants that the owner of such material has expressly granted FORTSTJOHN.COM the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, edit, copy, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide or to embed or incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material with or without attribution.
You hereby grant any other End User the right to access, view, store or reproduce material you upload or otherwise provide to FortStJohn.com for that end user’s personal use.
FORTSTJOHN.COM, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce the terms and conditions of this Section 5 directly or on its own behalf.
Disclaimer of Warranty
END USER EXPRESSLY AGREES THAT ANY AND ALL USE OR NON-USE OF FORTSTJOHN.COM AND THE RELATED SITES IS AT END USER’S SOLE RISK.
NONE OF FORTSTJOHN.COM, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT END USER’S USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND AS TO (I) ANY RESULTS DERIVED OR OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY, CURRENCY, TIMELINESS OR CONTENT OF ANY INFORMATION, MATERIAL, SERVICE, GOODS OR MERCHANDISE PROVIDED THROUGH (OR RELATED TO OR ARISING OUT OF) FORTSTJOHN.COM OR THE RELATED SITES.
FORTSTJOHN.COM IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT SUCH WARRANTIES AS ARE REQUIRED BY LAW TO BE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO YOU AND THIS AGREEMENT. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND RELATING TO OR ARISING OUT OF FORTSTJOHN.COM.THE DISCLAIMERS, EXCLUSIONS AND LIMITS OF LIABILITY SET OUT IN THIS AGREEMENT APPLY TO ANY DAMAGES, CLAIMS OR INJURY RELATED TO, OR ARISING OUT OF FORTSTJOHN.COM, INCLUDING WITHOUT LIMITATION, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, MALFEASANCE, MISFEASANCE, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Limitation of Liability
YOU HEREBY EXPRESSLY AGREE THAT FORTSTJOHN.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES.
IN NO EVENT SHALL FORTSTJOHN.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FORTSTJOHN.COM OR THE CONTENTS HEREOF AND ANY RELATED SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO FORTSTJOHN.COM, INCLUDING WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE FORTSTJOHN.COM. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON FORTSTJOHN.COM.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FORTSTJOHN.COM, NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, VENDORS, PROVIDERS OR PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR CURRENCY, TIMELINESS OR AUTHENTICITY OF, THE INFORMATION OR MATERIALS CONTAINED WITHIN FORTSTJOHN.COM OR ANY OF THE RELATED SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF OPPORTUNITY, BUSINESS OR REVENUE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FORTSTJOHN.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT ANY PERSON, END USER OR AN UNAUTHORIZED USER MAY POST ON FORTSTJOHN.COM OR ANY OF THE RELATED SITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY FORTSTJOHN.COM. FORTSTJOHN.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT FORTSTJOHN.COM DETERMINES IN ITS SOLE AND EXCLUSIVE DISCRETION.
UNDER NO CIRCUMSTANCES WILL FORTSTJOHN.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY AN END USER’S RELIANCE ON INFORMATION OBTAINED THROUGH FORTSTJOHN.COM. IT IS THE RESPONSIBILITY OF END USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, ETC., OR OTHER CONTENT AVAILABLE THROUGH FORTSTJOHN.COM.
FortStJohn.com may be unavailable from time to time for any reason. Due to circumstances both within and outside of the control of FORTSTJOHN.COM, access to FortStJohn.com may be interrupted, suspended or terminated from time to time, at any time.
Monitoring, Content & License
FORTSTJOHN.COM may, but is not obligated to, monitor any of FortStJohn.com at any time, including without limitation, any publicly accessible area, chat rooms and forums to determine compliance with this Agreement and any operating rules established by FORTSTJOHN.COM, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, FORTSTJOHN.COM shall have the right in its sole and absolute discretion to remove any material that FORTSTJOHN.COM finds to be in violation of the Agreement, is objectionable or FORTSTJOHN.COM otherwise determines is in FORTSTJOHN.COM’s interest to do so.
By posting or submitting communications on or through FortStJohn.com, End User hereby grants to FORTSTJOHN.COM a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless FORTSTJOHN.COM, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of any use of FortStJohn.com or the Related Sites by End User, or any act or opinion of End User related thereto.
Without cost, charge or liability, FORTSTJOHN.COM may terminate this Agreement with you at any time. Without limiting the foregoing, FORTSTJOHN.COM shall have the right to immediately terminate or suspend any passwords or accounts of any End User or rights to use FortStJohn.com in the event of any conduct by End User which FORTSTJOHN.COM, in its sole discretion, considers to be unacceptable, or for any breach or threatened breach by End User of this Agreement.
“FortStJohn.com” is a trademark of Monark Media Ventures LTD. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on FortStJohn.com are the property of FORTSTJOHN.COM or their respective owners.
Third Party Content
FORTSTJOHN.COM is a distributor (and not a publisher) of content supplied by third parties and End Users and asserts no control over content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including without limitation, information providers or any other end users are those of the respective author(s) or distributors).
FORTSTJOHN.COM does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on FortStJohn.com by anyone other than authorized FORTSTJOHN.COM employee spokespersons who are acting in the course of their duties.
FortStJohn.com contains links to third party web sites maintained and operated by others. These links are provided solely as a convenience to you and not as an endorsement by FORTSTJOHN.COM of the contents, materials, data or information on such third-party sites and FORTSTJOHN.COM hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. You may not link or hyperlink to FortStJohn.com from any other website. FORTSTJOHN.COM reserves the right to revoke its consent to any link at any time in its sole discretion.
FortStJohn.com does not market or sell products or services for purchase by children. FortStJohn.com will sell children’s products for purchase by adults. You hereby represent and warrant to FORTSTJOHN.COM and each Merchant that you are over the age of 18 and the age of consent in the jurisdiction in which you reside for the purposes of acquiring any Voucher, goods or services, and otherwise for the purposes of FortStJohn.com.
This Agreement constitutes the entire agreement of the parties and replaces and supersedes any and all prior or contemporaneous agreements (oral or written) with respect to the subject matter hereof.
No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
This Agreement and any claim, action, proceeding, suit, injunction, dispute resolution arising out of or related to FortStJohn.com are governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada therein but excluding its rules regarding conflicts of laws. By using FortStJohn.com, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or FortStJohn.com, shall be finally settled by small claims court in Vancouver, British Columbia.
If you need to contact us, please use the address below or email us to get in touch:
Monark Media Ventures
1688 152 Street,
V4A 4N2, Canada
II. TERMS OF SALE
The following terms and conditions of this Part II shall apply to any offer and purchase of any goods or services on FortStJohn.com. FORSTJOHN.COM provides a platform for third-party merchants and sellers (“Merchants”) to offer goods and services for sale. FortStJohn.com is not involved in the actual transaction between Merchants and you and is not the agent of and has no authority for either for any purpose. You use the FortStJohn.com website and related services at your own risk.
By placing an order (an “Order”) for a coupon, written certificate, or other voucher or device with monetary value to be acquired by a consumer in exchange for the supply of goods or services (now or in the future) to a consumer, including but not limited to gift certificates or gift cards (each a “Voucher”), you make an offer to the Merchant making the particular offer to purchase the Vouchers you have selected on FortStJohn.com on the terms and conditions stated below, in addition to any terms in Part I of this Agreement or in any applicable Order.
You must create an account in order to purchase from a Merchant any Voucher, product or service or to use FortStJohn.com, and in order to provide access to print your Orders, view your past purchases, modify your preferences, and to ensure permissible use of FortStJohn.com.
Your purchases of Vouchers shall be redeemable for goods or services by the seller of such goods and services (each a “Merchant”). The Merchant, not FORTSTJOHN.COM, is the seller of the goods and services and is solely responsible for redeeming any Voucher you purchase.
Offers made by Merchants on FortStJohn.com are invitations to you by them to purchase products and services from the particular Merchant. If you wish to subscribe to a particular Offer, your properly completed and delivered Order form constitutes your agreement to accept the particular Merchant’s offer on the terms and conditions specified by the particular Merchant as set out in their Offer.
Once all of the terms and conditions with respect to a particular Offer have been met (including the condition that a specified number of other End Users must subscribe to and accept the particular Offer), your payment will be processed an a Voucher will be issued to you. You may then use the Voucher to redeem your goods and/or services from the particular Merchant.
Please review the terms of an Offer from a Merchant carefully. The total price, may or may not include shipping and handling charges, applicable taxes, or other amounts. If any amounts are not included in the Voucher you will be expected to such extra shipping and handling charges, applicable taxes, or other amounts at the time of exercise of the Voucher with the Merchant or otherwise.
If you wish to revoke your acceptance of a Merchant’s Offer, you may request a cancellation at any time prior to the offer being on. Cancellation requests cannot be accepted once your payment has been processed and a Voucher has been issued to you.
FORTSTJOHN.COM and the Merchants who advertise on FortStJohn.com rely on the information you provide through FortStJohn.com, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, FORTSTJOHN.COM, any Merchant, or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
FORTSTJOHN.COM will make reasonable efforts to provide you with the most up-to-date and accurate information. In the event that an error does occur, FORTSTJOHN.COM reserves the right to correct or cancel an Order at any time, and/or edit an Order to reflect the correction, and/or correct the error on FortStJohn.com.
1. Terms and Conditions for Restaurant-Specific Vouchers
“Restaurant” means a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.
Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on FortStJohn.com.
Use of Restaurant-specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant. Restaurants must comply with all applicable laws pertaining to the sale and serving of alcohol.
It is at the discretion of the Restaurant to determine whether Vouchers can be combined with any other Restaurant Vouchers, third party certificates, coupons, or promotions.
Restaurant-specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
Valid for dine in at a specified restaurant only unless otherwise stated.
The issuing of Restaurant credit is at the sole discretion of the Restaurant unless otherwise required by law.
Neither FORTSTJOHN.COM nor the Restaurant is responsible for lost or stolen Vouchers or Restaurant Voucher reference numbers.
Reproduction, sale or trade of any Restaurant-specific Voucher is prohibited unless carried out in compliance with the law.
Any attempted redemption not consistent with these terms and conditions will render the Restaurant-specific Voucher void.
Any offer made by a Restaurant (including, but not limited to, any discounts) expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash value you paid for the Voucher (which is usually less than the original face value of the Voucher) to the extent required by applicable law. See Section 3 below for a more detailed explanation.
If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash or new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $50 for a Voucher which entitles you to purchase $100 of product by February 1, 2015 and you make a purchase for $50 on January 30, 2015, you will not be entitled to a credit or cash equal to the difference between the $100 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for any alcohol.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
Limit one Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
Neither FORTSTJOHN.COM nor the Merchant is responsible for lost or stolen Voucher or Voucher’s reference number.
Voucher cannot be combined with any other Vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
Reproduction, sale or trade of any Voucher is prohibited unless carried out in compliance with the law.
Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
A Merchant’s Offer (including, but not limited to, any discounts) expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash amount you paid for the Voucher (which is usually less than the original face value of the Voucher) to the extent required by applicable law. See section 3 for a more detailed explanation.
If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash or a new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $50 for Voucher which entitles you to purchase $100 of product by February 1, 2015 and you make a purchase for $50 on January 30, 2015, you will not be entitled to a credit or cash equal to the difference between the $100 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
3. Preferred Program Terms and Conditions
The Preferred Program is a fee based program offered by FORTSTJOHN.COM that provides member cardholders with savings and or benefits offered by participating merchants at participating locations.
Use of the Preferred Program Card constitutes acceptance to the following terms and conditions
When purchasing the Preferred Program Card, you must provide FORTSTJOHN.COM with accurate and complete information (including but not limited to name and shipping address). FortStJohn.com will use this information to create your account and mail you a Card and materials. You will receive Card materials that may include, but are not limited to, a card with your card number, inserts containing information about participating merchants. The card materials will be shipped within 5 to 10 business days from time of purchase.
Each order is for a single Cardholder only. FORTSTJOHN.COM does not permit the sharing of your card, number, password or discounts with any other person. If FortStJohn.com reasonably believes that any of your card materials are being used in any of these ways, FORTSTJOHN.COM reserves the right to cancel your cardholder rights immediately. If you believe someone has used any of your card materials without your authorization, please contact FortStJohn.com.
Card price is as published on www.fortstjohn.com. FORTSTJOHN.COM reserves the right to modify the Fee at any time for any reason in its sole discretion without notice.
Your Preferred Program Card and your card number are your source for savings, benefits and promotional offers. Carry your Card with you at all times. The Card is nontransferable and may only be used by the person whose name is printed or signed on the card.
Preferred Program Card is for in-store use ONLY. You must present your Preferred Program Card prior to making a purchase at participating merchant locations. Merchant reserves the right to deny a discount on failure to present your Preferred Program Card prior to payment. Merchant reserves the right to request identification to verify you are a rightful Cardholder.
Any use of the Preferred Program Card, or the associated cardholder benefits and discounts in a manner that violates the rules or regulations of any participating merchant prohibited by this Agreement and is grounds for termination of your Preferred Program Card Membership. FORTSTJOHN.COM reserves the right to cancel your Cardholder rights immediately in the event of such a violation.
Expiration and Cancellation
Your Card will expire on the date printed on the front of the card. FORTSTJOHN.COM reserves the right to terminate your Card at any given point in time if we determine that you have violated any provision of this Agreement.
No Refunds. All sales are final.
In the event that your Card is lost or stolen, you must inform FortStJohn.com immediately. FORTSTJOHN.COM will issue a replacement card free of charge.
The FortStJohn.com Web site
The FortStJohn.com Web site (the “Site”) offers the most up-to-date information on savings and partner benefits offered by participating sponsors. We take reasonable efforts to maintain the currency of our database of merchants and their discounts. However, FORTSTJOHN.COM is not responsible for third parties’ restrictions or changes to their offers not communicated to FORTSTJOHN.COM.
FORTSTJOHN.COM is not responsible if a Merchant changes its discount due to new ownership or acquisition. You may report disputes with a merchant to FortStJohn.com. Reports must include the following information: merchant name, merchant address, date of purchase, discount denied and purchase information.
FORTSTJOHN.COM and its sponsors are independent contractors. FORTSTJOHN.COM IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY MERCHANTS OF THE SAVINGS CARD PROGRAM, OR FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL OR FOR ANYLIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY MERCHANT OR OTHER THIRD PARTY IN CONNECTION WITH THE SAVINGS CARD PROGRAM.
Changes to Merchant Offers
Offers made available through the Preferred Program Card are subject to change without notice. FORTSTJOHN.COM reserves the right in its sole discretion to change the offers and/or participating sponsors at any time. In addition, participating merchants may elect to change offers from time to time. FORTSTJOHN.COM undertakes no obligation to provide a replacement or substitute offer for any offer discontinued. FortStJohn.com will make commercially reasonable efforts to make appropriate updates to the Site to reflect offer and/or sponsor changes. For a listing of current offers, Cardholders should visit www.FortStJohn.com.
4. Additional Terms and Conditions for All Products and Services
THE MERCHANT IS THE SELLER OF THE VOUCHER AND THE GOODS OR SERVICES WHICH YOU ARE PURCHASING, AND FORTSTJOHN.COM IS NOT.
All Vouchers printed from FortStJohn.com or any website associated with FortStJohn.com are promotional Vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of FortStJohn.com and the participating Restaurant or other Merchant.
The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. AS A HOLDER AND ISSUER OF THE VOUCHER, THE RESTAURANT OR OTHER MERCHANT 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 RESTAURANT OR THE MERCHANT, AS WELL AS FOR ANY UNCLAIMED PROPERTY LIABILITY ARISING FROM UNREDEEMED VOUCHERS. Restaurant-specific Vouchers and other Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
According to the laws of the respective jurisdictions in which you purchased your Voucher, and in which you wish to redeem your Voucher at the Merchant, the Merchant is responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer which is stated on the Voucher, applicable laws (which vary jurisdiction by jurisdiction) may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. If applicable, this law applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of FORTSTJOHN.COM, as FORTSTJOHN.COM is not the Merchant, has no obligations of the Merchant, and is merely issuing the promotional Voucher on behalf of the Merchant) to comply with such laws and statutes which may govern the Merchant, the Voucher and the applicable goods and services.
Compliance with applicable statutes, laws, regulations or codes is the responsibility of the Merchant. FORTSTJOHN.COM’s sole role in the transaction is as an advertiser for the Merchant, and the applicability and compliance with any relevant law, statute, regulation or code is solely determined and consummated by the Merchant, and FORTSTJOHN.COM has no role in such determination or action on the part of the Merchant.
FORTSTJOHN.COM reserves the right to limit quantities available for sale or sold, and the right at any time to reject, correct cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on FortStJohn.com, FORTSTJOHN.COM will provide you with an opportunity to place an Order at the correct price.
FORTSTJOHN.COM strives to prevent errors. How FORTSTJOHN.COM fixes them depends on the error. If FORTSTJOHN.COM finds that a description is incorrect, for example, FORTSTJOHN.COM will correct it. In general, you should know that prices and availability are subject to change without notice. Errors will be corrected where discovered. FORTSTJOHN.COM reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your Order is cancelled, FORTSTJOHN.COM will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. While FORTSTJOHN.COM takes steps to ensure the accuracy and completeness of product and third-party services information provided, please refer to the originator of the information (e.g., the manufacturer) for complete product details.