LAST UPDATED: APRIL 20, 2019
These terms of service ("Terms of Service" or "Agreement") constitute a legal agreement between you and Lunar (Firefi Inc.) ("Lunar"), a Canadian corporation. As used in these Terms of Service, the words "you" and "your" refer to you, the user of Lunar's website, device, or applications, as the party agreeing to these Terms of Service. The words "we", "us", "our" and any other variation thereof refer to Lunar. Any reference to "Lunar" in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the term "Site" and "Services" includes all websites and all devices or applications that we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word "including" in these Terms of Service to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. You may not use the Site or Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with Lunar or (b) you are prohibited by law from receiving or using the Services.
Lunar may modify these Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on the Lunar website. The Terms of Service will always indicate the date it was last revised. When you use the Service after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.
Lunar is mobile rewards program that encourages shoppers to discover local stores in their community and helps them save money while doing so. Lunar aims to help communities grow by empowering small businesses with the tools and customer data to grow their businesses.
Users may direct Lunar to retrieve their transaction-related information maintained online by third parties with which they have a relationship, maintain an account or engage in financial transactions ("Account Information"), for example, a bank. Lunar works with one or more online service providers to access this Account Information.
Lunar cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Lunar cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
Lunar points have no cash, monetary or other value and cannot be converted into any currency. Lunar points may be redeemed for various rewards that we make available, and that may change, from time to time.
You may use our Services to redeem points for the rewards that we make available. You may redeem points in accordance with such conditions and upon payment of such fees as we may determine at any time. The number of points recorded in your account and the number of reward points required to obtain any particular reward are subject to verification by us. Once a reward has been requested or redeemed by a user, no changes, refunds or return of points are permitted. All rewards are offered subject to availability and restrictions imposed by the reward suppliers. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any reward or a rewards processing or shipment, or for your rewards not turning out as you expected for whatever reason.
All references to money in these Terms of Services are in Canadian dollars, unless otherwise indicated. You are responsible for all taxes applicable to any amounts payable to us. We will determine the applicable taxes on the basis of the province in which you reside, as shown in our records at time of payment.
Lunar needs to protect the program for all users by ensuring that points are earned for legitimate consumer transactions. Lunar users are permitted to earn points with Lunar in connection with spending activity for non-commercial, personal and household purposes ("Qualifying Transactions"). Lunar users are not permitted to earn points with Lunar for commercial purposes (e.g. in connection with a business). Lunar maintains the right to review the accrual of points and to determine, in Lunar's absolute discretion, if certain transactions qualify for Lunar Offers. Certain spending including, but not limited to, repeat purchases, high-value purchases, purchases of gift cards, and purchases made for commercial, non-personal or non-household purposes, may not, at Lunar's absolute discretion, be considered Qualifying Transactions and may be ineligible for Lunar points. Lunar may reverse point accruals that have already been processed if a transaction is deemed by Lunar, upon review, to not constitute a Qualifying Transaction. Lunar may also disable accounts that engage in repeated non-Qualifying Transaction activity.
If your account is terminated or disabled for any reason including but not limited to multiple attempts at non-Qualifying Transactions, then your existing Lunar points will be forfeited and any further transactions which might otherwise earn you Lunar points will not be deemed to be applicable.
By using Lunar's application and service, you will have the opportunity to earn certain rewards based on transactions you may conduct or actions that you may take as described in a particular offer Lunar Offer made by a merchant or another third party. Lunar Offers and rewards may be subject to additional terms, conditions and restrictions that are set by us or the merchant. Without limiting anything in these terms and conditions, you agree that:
The merchant determines whether you met the conditions in the Lunar Offer, and we don't control the merchants and are bound by their decisions. If you disagree with any merchants' decision, you may dispute that issue directly with the merchant but agree that we and our technology partners have no liability to you for such claim or otherwise.
Rewards will only be issued for bona-fide completed transactions. Unless otherwise expressly stated in a Lunar Offer, each Lunar Offer is limited one (1) per user/account. You may not set up multiple accounts for yourself, your family members and other affiliates, impersonate or use an another person's account, or use any manual or automated means (such as for example, a macro, script, ‘bot, use of a ‘click farm', etc.), or any other behavior or use of our products that are inconsistent with their normal and intended use, to circumvent these restrictions. If we or the merchants determine that you tried to earn rewards using any fraudulent or deceptive means, we reserve the right to cancel any and all of your rewards and terminate your user account, and to report you to the authorities. We reserve the right to investigate any transaction or activity that we believe, in our sole discretion, is abusing or has abused any Lunar Offer, reward or other promotion that we or any third party may provide through us.
You agree that we and the merchants are not responsible for typographical mistakes in Lunar Offers and reserve the right to correct them as soon as they are discovered. We and our merchants/partners reserve the right to cancel all transactions affected by any mistake, refund all amounts paid and cancel all rewards associated with such transactions, without any liability to you.
You agree that the maximum aggregate liability that we, our technology partners and our merchants may have to you from any claims you may have regarding any rewards is limited to a lifetime amount of $1,000, whether in a single claim or multiple claims. You may not circumvent this limitation by creating multiple accounts, membership or the like.
Some parts of the Services are supported by sponsored links from advertisers and display Lunar Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information.
In connection with Lunar Offers, the Services will provide links to other web sites belonging to Lunar advertisers and other third parties. Lunar does not endorse or guarantee the products or services available through the Lunar Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Lunar is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
In order to allow you to use the Services, you will need to sign up for an account with Lunar. We may use this information to verify your identity when you contact us. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not provide this information or Lunar cannot verify your identity, we can refuse to allow you to use the Services. You agree to keep your registration information up to date.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Site and Services. That LoginID and password, together with any mobile number or other information you provide form your "Registration Information." By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Lunar immediately at the email address - [email protected].
If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission has occurred, you must notify Lunar immediately in order to minimize your possible losses.
Your right to access and use the Site and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Services for lawful purposes. Accurate records enable Lunar to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our "link account" setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Lunar, in its sole discretion, may elect to take. In no event will Lunar be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Lunar to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Lunar may include new and/or updated pre-release features and trial use ("Preview" features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Preview features is voluntary and Lunar is not obligated to provide you with any Preview features. Furthermore, if you decide to use the Preview features you agree to abide by any rules or restrictions Lunar may place on them. You understand that once you use the Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Preview feature back to the earlier version. The Preview features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Preview features is at your sole risk.
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Lunar MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Lunar may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Lunar may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Lunar may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Lunar shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts.
The contents of the Services, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under Canada, United States, and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Lunar or its software or content suppliers. Lunar grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
You agree that you will not:
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. Lunar, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER Lunar OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Lunar OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 OF THIS PROVISION MAY NOT APPLY TO YOU.
Lunar SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF Lunar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Lunar and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to reasonable legal fees, in whole or in part arising out of or attributable to your breach of this Agreement, the Site or your use of the Services.
This Agreement will continue to apply until terminated by either you or Lunar as set out below. If you want to terminate your legal agreement with Lunar, please contact sa[email protected].
Lunar may at any time, terminate its legal agreement with you and access to the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
b. if Lunar in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
c. for any reason and at any time with notice to you.
You acknowledge and agree that Lunar may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Lunar shall not be liable to you or any third party for any termination of your access to the Services.
Lunar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services with or without notice. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s).
Lunar may modify this Agreement from time to time. Changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
These Terms of Service, and your relationship with Lunar under these Terms of Service, shall be governed by the laws in effect in the Province of Ontario without regard to its conflict or choice of laws provisions. Any dispute with Lunar, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service shall be resolved exclusively through the courts within the city of Toronto, Ontario, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Lunar may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Lunar is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Service.