Last updated: October 7, 2015
The "Spinzo.com" website and all websites powered by Spinzo are owned and operated by Spinzo Corporation ("Spinzo"). Spinzo is registered and incorporated federally in Canada.
Description of Services
Spinzo provides a Platform to Merchants which allows them to create their own time-limited Offers where the final price paid by all committed buyers usually depends on the total number of committed buyers. A purchase on the platform can be redeemed for products and/or services provided by the Merchant, under the conditions and restrictions specified in the Offer. All products and services promoted in Offers are owned by the Merchant, and not Spinzo. Spinzo does not take possession of products or services promoted in Offers.
For Offers that contain a variable final price, you usually have two options:
1. Join Now.
By selecting this option, you agree to participate in the Offer for a price at or below the currently advertised price. To confirm your commitment, Spinzo will pre-authorize your credit card, on behalf of the Merchant, based on the currently advertised price. When the Offer closes (i.e., no longer open for new purchases), your credit card will be charged based on the final advertised price which is guaranteed to be at or below the price advertised when you participated. You will receive an Email with instructions on how to redeem for the product or service advertised in the Offer. The instructions are generated by the Merchant and all redemption activities are the responsibility of the Merchant.
2. Automatically Join at a Lower Price.
By selecting this option, accompanied by an associated lower price, you agree to join only if the advertised price reaches the price that you select, or lower. To confirm your commitment, Spinzo will pre-authorize your credit card, on behalf of the Merchant, based on the price that you selected. When the Offer closes (i.e., no longer open for new purchases), your credit card will be charged based on the final advertised price only if that price is at or below your selected price. In this event, you will receive an Email with instructions on how to redeem for the product or service advertised in the Offer. The instructions are generated by the Merchant and all redemption activities are the responsibility of the Merchant. If the final advertised price is higher than your selected price, you will not be charged, and you will not be able to receive the product or service advertised in the Offer. In this case, the Platform may attempt to clear the existing pre-authorization on your credit card.
You may only participate in an Offer if you intend to use the product or service for yourself.
Spinzo is not the supplier of the products and/or services promoted in the Offers. These are supplied by the Merchant, and remain solely the Merchant's responsibility. Spinzo provides the Platform for the Merchant to promote Offers and is not responsible for Merchants providing product and/or services.
User Interaction and Accounts
By interacting with the Platform, you confirm that you are legally able to enter into binding contracts, and that you are at least 18 years old. You must only use the Platform for lawful purposes.
Performing certain functions on the Platform will require you to register an account and to sign in using that registered account. By registering, you agree to provide information that is accurate and not falsified. Once you have registered an account, you will be able to participate in Offers. If you choose to register an account, you agree to only create one account for your personal use. Your password cannot be shared with any other person. While interacting with the Platform, you agree not to engage in any of the following activities, as they constitute violations of this Agreement:
- Submitting purposely inaccurate information
- Creating multiple accounts for personal use
- Attempting to access data or configurations not intended for you
- Posting material that is threatening, defamatory, obscene, inflammatory, in breach of confidence, or in breach of privacy
- Posting material that is unrelated to the Platform
- Transmitting data, material, or code that is technically harmful (including viruses, Trojan horses, worms, corrupted data, or other malicious software)
- Attempting to exceed quantity limits on Offers
- Attempting to scan, or test the security or configuration of the Platform or to breach security or authentication measures without proper authorization
- Reselling or repurposing your access to the Platform or any purchases made through the Platform
- Using the Platform or any of its resources to solicit other Platform users, Merchants or other business partners of Spinzo to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Spinzo, including without limitation, aggregating current or previously advertised Offers
- Using other Platform user or Merchant information for any commercial purpose, including, but not limited to, marketing
- Acting illegally or maliciously against the business interests or reputation of Spinzo, our Merchants or our services
Spinzo reserves the right to change or discontinue any aspect or feature of the Platform including, but not limited to, requirements for access or use.
Any material that you post to the Platform that is not personally identifiable shall be considered non-confidential and non-proprietary. Spinzo is free to copy or distribute such material for any commercial or non-commercial use.
Offer pricing is negotiated between Spinzo and the Merchant. For Offers that feature a variable final price, the formula to calculate the price is subject to change at any time, though in general, the guiding principle is to use linear interpolation among a set of pre-defined price/quantity pairings. Whether you choose to "Join Now" or "Automatically Join at a Lower Price", you will never pay a price higher than the price you joined at or chose to automatically join at. If the price of the Offer does not reach your selected price, then you will not be charged.
A Merchant may offer additional products or services ("Addons") that you may optionally choose to purchase. Addons are listed at a fixed price. Final purchase of an Addon is dependent on you being a final buyer of the Offer for which the Addon is associated. If you did not end up being a final buyer of the Offer (ie., the final price did not reach your chosen price to automatically join at, or the Platform could not process the final charge), then you will not be charged for the Addon and you will not receive the product or service associated with the Addon.
A Merchant may specify additional fees over and above the prices of Offers and Addons. Fees may be fixed or variable based on the total dollar amount or quantity of the order. Fees will be displayed you prior to final confirmation.
All pre-authorizations and payments are conducted in either Canadian Dollars (CAD) or US Dollars (USD). The Merchant chooses the currency of the Offer, and the selected currency is identified to you prior to participating. When you elect to participate in an Offer, Spinzo will pre-authorize your credit card based on the applicable price: either the currently advertised price if you choose to "Join Now", or the price that you selected if you choose to "Automatically Join at a Lower Price". Additionally, Spinzo will include any Addons and Fees associated with the Offer in the calculation of the total pre-authorization amount. The actual payment will occur after the Offer closes (i.e., no longer open for new purchases) only if the final price is at or below the selected price when you participated in the Offer.
Confirmation of Participation and Final Purchase
Confirmation of Offer participation (including credit card pre-authorization) and purchase (including credit card charge) are both performed electronically. For final purchasers, the instructions on how to redeem for your product and or service are contained in the final Email. The instructions are generated by the Merchant. It is reasonable to expect this Email in the 24 hours following the close of an Offer. In some cases, a Merchant will choose to ship your product directly to you. All redemption activities, including shipping, are the full responsibility of the Merchant.
Terms of an Offer
An Offer may be subject to additional terms, limitations, and restrictions. These will be clearly outlined to you prior to participating in an Offer. By participating in an Offer ("Join Now" or "Automatically Join at a Lower Price"), you agree to the terms, limitations, and restrictions which may include, but are not limited to, expiration dates, quantity limitations (for purchase or for use), and product and/or service limitations. Spinzo is not responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by or in respect to a customer, caused in whole or in part by a participating Merchant. Spinzo is not liable for any unclaimed property liability arising from unredeemed Offers.
The Merchant is solely responsible for providing the products and/or services described in the Offer. Spinzo is not responsible in cases where the Merchant is unable to provide the products and/or services described in the Offer. The reasons for which a Merchant may not be able to provide the products and/or services may include but are not limited to: business closure, insufficient quantity, product defects, etc. While Spinzo makes attempts to ensure a high quality of service among participating Merchants, such service cannot be guaranteed.
Confirmation of purchase in an Offer has no cash value, and is subject to the following universal terms:
- Offers cannot be combined with other promotions, certificates, discounts
- Reproduction or sale of a confirmation of purchase is strictly prohibited
- The Merchant is responsible for collecting and remitting applicable taxes
The Merchant is responsible for any limitations imposed by law on the redemption of products and/or services.
Spinzo does not provide refunds for Offers on the Platform. The Merchant may choose to offer refunds, but it is not required to. If you feel that a purchased product or service is defective, please contact the Merchant for resolution. The decision on whether or not to issue a refund is solely at the discretion of the Merchant.
Except as otherwise noted, Spinzo owns or has the right to use all content on the Platform, including but not limited to text, images, graphics, logos, marks, data, software, audio files, and video files. Spinzo has the authority and discretion to remove any content posted by a user. You agree to not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained through the Platform.
Links to third party sites
Spinzo may provide links to third party websites. Third party websites have not been reviewed by Spinzo for authenticity, accuracy, or availability. As such, Spinzo does not endorse or make representations about third party websites. If you chose to pursue a link to a third party website, you are doing so at your own risk.
Spinzo has the sole authority and discretion to terminate your use of the Platform at any time and for any reason. Typically such decisions will result when you breach these Terms. If a breach of these Terms results from unlawful conduct, Spinzo has the authority and discretion to disclose such information to law enforcement authorities.
Limitation of Liability
In no event shall Spinzo, our officers, directors, or employees be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from:
- Failure on the part of a Merchant to properly fulfill the terms of an Offer, including product or service redemption
- Personal injury or property damage resulting from access to the Platform
- Unauthorized access to Spinzo servers or stored data
- Any viruses, Trojan horses, worms, corrupted data, or other malicious software transmitted to or through the Platform by a third party
- Errors of omission in any content on the Platform
The total liability for any losses that you suffer as a result of Spinzo terminating this Agreement, including deliberate breaches, is strictly limited to the purchase price of the Offer that gave rise to the loss.
YOU EXPRESSLY AGREE THAT USE OF THIS PLATFORM IS AT YOUR SOLE RISK. NEITHER SPINZO, NOR ANY OF ITS EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS PLATFORM, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, OFFER DESCRIPTIONS), SERVICE, PRODUCTS OR OFFERS PROVIDED THROUGH THIS PLATFORM. THE PLATFORM AND ALL CONTENT, AND OTHER INFORMATION CONTAINED ON THE PLATFORM, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPINZO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, OR OTHER INFORMATION CONTAINED ON THE PLATFORM, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
You agree to defend, indemnify and hold harmless Spinzo, its directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of or related to any products or services purchased by you in connection with the Platform or any use of the Platform in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Platform. To the extent permitted under applicable laws, you hereby release Spinzo from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of Spinzo, and any conduct or speech, whether online or offline, of any other user.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick, Canada and the federal laws of Canada applicable therein.
Spinzo makes no guarantees about the technical availability of the Platform at any time. Technical interruptions may occur, and Spinzo is not liable for any damages resulting from such interruptions.
Spinzo can be contacted via Email, Phone, or Mail.
Phone: 1-800-798-2595 (North America) or 1800 290 845 (Australia)
337 Rothesay Avenue
Saint John, NB Canada E2J 2C3