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These Terms of Use (“Terms”) govern your use of the DealNear website, merchant tools and API (together, the “Service”), operated by MIRI IO INC. (“DealNear”, “we”, “us”). By creating an account or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, please do not use the Service.

1. Who can use DealNear

You must be at least 16 years old to create an account, and you must have reached the age of majority in your province or territory to use DealNear on behalf of a business. You are responsible for keeping your password and API keys confidential and for everything done with your account. Tell us right away at [email protected] if you think your account has been used without permission.

2. How coupons work

• DealNear lets businesses publish offers and lets you claim coupons for them for free. DealNear does not sell the products or services offered. Any purchase is made directly between you and the business, which is solely responsible for its products and services, its prices, taxes, refunds and for honouring the offer as described.
• Each coupon is personal, has no cash value, cannot be sold or exchanged for money, and can be used once. Offers may have a limited quantity, a per-person limit, start and end dates and other conditions shown on the deal page (“fine print”).
• A coupon can no longer be used once the deal has ended. You can cancel an unused coupon, which makes it available to someone else.
• We may cancel coupons obtained through fraud, multiple accounts, automated means or in breach of these Terms.
• If a business refuses to honour a valid coupon, please tell us. We will follow up with the business and may remove it from DealNear, but the business remains responsible for its offer.

3. Businesses

If you register a business, you also agree that:

• the information about your business and your offers is accurate, complete and lawful, including Canada’s Competition Act, consumer protection and advertising laws, and the laws on the sale of regulated products;
• you will honour every valid coupon according to the offer and its fine print until the deal ends, including coupons claimed before you pause or edit a deal;
• you have the rights to the names, logos, text and images you upload, and you grant DealNear a non-exclusive, royalty-free licence to host, display, adapt (for example resize or translate) and promote them on the Service and in DealNear’s marketing while your content is on the Service;
• you will use customer information from DealNear (such as display names and coupon codes) only to redeem coupons and run your offer, and protect it as privacy laws require;
• we review businesses and offers before they are published and may reject, edit for formatting, pause or remove any offer or business that does not meet these Terms or our standards, and changes to an offer’s text, prices or images may require a new review.

Listing on DealNear is currently free. If we introduce fees, we will tell you in advance and they will apply only if you accept them.

4. API and webhooks

If you use the DealNear API or webhooks, you must keep your API keys secret, use them only for your own business, respect the documented rate limits, and not attempt to access other businesses’ data. We may change the API as described in the developer documentation, and may suspend or revoke keys that are misused or put the Service at risk.

5. Acceptable use

You agree not to:

• break the law or infringe anyone’s rights, including privacy and intellectual property rights;
• post false, misleading, offensive or illegal content, or impersonate anyone;
• create multiple accounts to get around limits, or collect coupons for resale;
• scrape, copy or harvest the Service or its data by automated means, except through the official API within its limits;
• interfere with the security or operation of the Service, or try to access accounts or systems without permission;
• send spam, or use information from DealNear to contact people who have not agreed to it.

6. Our content

The Service, including its design, software, text, logos and the DealNear name, belongs to MIRI IO INC. or its licensors and is protected by law. You may use it only to use the Service as intended. If you send us suggestions, we may use them freely and without obligation to you.

7. Links, third parties and affiliate disclosure

DealNear contains links to websites and services of third parties, including businesses and social networks, which we do not control and for which we are not responsible. Some links on DealNear are affiliate links: if you make a purchase after following them, DealNear may earn a commission from the seller, at no extra cost to you. This does not affect the price you pay, and we label affiliate offers where they appear.

8. Disclaimers

We work to keep the Service accurate and available, but offers are provided by businesses and may change or end, and the Service may sometimes be interrupted. To the extent permitted by law, the Service is provided “as is” and “as available”, and we do not guarantee the quality, safety or legality of any business’s products, services or offers.

9. Limitation of liability

To the extent permitted by law, MIRI IO INC. is not liable for indirect, incidental, special or consequential damages, or for loss of profits or data, arising from the use of the Service or from any transaction with a business. Where liability cannot be excluded, our total liability to you is limited to the greater of the amounts you paid us in the 12 months before the claim and CA$100. Nothing in these Terms limits rights you have under consumer protection laws that cannot be waived by contract, including Québec’s Consumer Protection Act.

10. Indemnity

If you use DealNear for a business, you agree to compensate MIRI IO INC. for claims, losses and reasonable costs (including legal fees) arising from your offers, your products or services, your content, or your breach of these Terms or of the law.

11. Suspension and closing your account

You can stop using the Service at any time and ask us to delete your account. We may suspend or close an account, or remove content, if it breaches these Terms, creates risk for others or is required by law; where reasonable, we will tell you why. Sections that by their nature should continue (such as 6 to 10 and 13) survive the end of your use of the Service.

12. Changes to these Terms

We may update these Terms to reflect changes to the Service or the law. The effective date at the top shows the latest version. For significant changes we will notify you by email or on the site at least 30 days before they take effect; if you continue to use the Service after that, the new Terms apply. If you do not agree, you may close your account.

13. Governing law and language

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. If you are a consumer living in another province, you also keep the protection of the mandatory laws of your province, and you may bring a claim before the courts of your place of residence. These Terms are available in English and in French; you can choose the version you read. In the event of a difference between them, the version in the language you chose applies.

14. Contact

Questions about these Terms: [email protected].