Customer Terms and Conditions

Last Revised: 20 August 2017

KISSGC SOLUTIONS INC., KISSGC (“us”, “our”, “we”) offers an application, which allows consumers to load and spend monies on Merchant cards and to send e-gifts and to receive loyalty plans, rewards, coupons or points from specified Merchants through a mobile device application (the “Application”). These Terms and Conditions (“Terms”) govern your download and use of the Application and your access and use of the Application. “You” or “Customer” means any individual or entity that downloads or uses the Application. Please read these Terms carefully. These Terms govern your download and use of the Application. You must accept these Terms prior to downloading or using the Application. By clicking “ACCEPT” or in any other way downloading or using the Application, you signify your assent to these Terms. If you do not accept these Terms, do not click “ACCEPT” and do not use the Application. If you do not agree to any of these Terms, please do not download or use the Application.

License. Subject to the terms and conditions hereof, KISSGC grants you a non-exclusive license to use the Application, including any documentation files accompanying the Application (“Documentation”) and any upgrades, modified versions or updates of the Application which may be provided to you. The use of the Application and Services is currently free of charge. KISSGC may, however, begin charging for the Application or the Services by providing you with reasonable advance notice.
Application. The Application allows you to load your merchant’s card via credit card, send and receive e-gifts and receive loyalty plans, rewards, points and coupons as well as other promotional, marketing and advertising content (all of the foregoing, “Content”) to your mobile device (a “Device”). KISSGC makes no warranties regarding the Application or the availability thereof, and KISSGC may choose to modify the Application or cease provision thereof at any time, in its sole discretion, in which event any loyalty plans, rewards, coupons or points which you have collected may cease to be available or valid. You understand that KISSGC is making the Application available to you without charge and, as such, you shall have no claims against KISSGC for the temporary or permanent unavailability of any Content.
KISSGC Account. To use the Application, you must create an account. KISSGC reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish. Your account username is your identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms or applicable law. All information provided in creating an account must be truthful and accurate, and you represent and warrant that you have all rights necessary to provide such information, including any information in respect of the Device. KISSGC may, for any reason in its sole discretion, terminate or suspend your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) KISSGC’ reasonable belief that the letter or spirit of these Terms have been violated, (iii) KISSGC’ reasonable belief that fraudulent or illegal behaviour has occurred, or (iv) KISSGC’ reasonable belief that behaviour that is harmful to other users, third parties, or our business interests has occurred.
Security. You represent and warrant that you have full rights to register any Device for which you have submitted registration information to KISSGC. You should ensure that your KISSGC username and password (or other login information) are secure. Your balance, loyalty plans, rewards, coupons and points are at risk if you let someone use your account inappropriately. KISSGC will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to immediately notify KISSGC of any unauthorized use of your account or password. KISSGC WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE ARISING FROM UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, and you agree to indemnify and hold KISSGC harmless for any improper or illegal use of your account.
Payments. KISSGC uses a third party to process all payments to Merchant. 100% of the monies go directly to the Merchant stripe account. Merchant and Customer will be bound by the terms of use set forth on stripe’s website. Merchant must have an account with stripe in order to collect monies from Customers through the Application. KISSGC is not liable for any transactions between Consumer and Merchant. ALL disputes in regards to monies are to be handled by the Merchant. KISSGC is exempt from any money disputes between Merchant and Customer since KISSGC never collects any money from the Customer. KISSGC is only a portal from the Customer to the Merchant’s stripe account.

Promotional Material. By specifying any individual Merchant (a “Merchant”) through the Software, you consent to receiving Content from such Merchant. All Content is provided by Merchants that you have selected and, as such, KISSGC disclaims all responsibility and liability for Content. Specifically, you acknowledge that KISSGC is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, and is no way is KISSGC responsible to provide any loyalty plans, rewards, coupons or points on behalf of any Merchant. MERCHANTS ARE THE SOLE PARTIES RESPONSIBLE FOR CONTENT AND FOR PROVIDING ANY LOYALTY PLANS, REWARDS, COUPONS OR POINTS. Further, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against KISSGC in this respect. You agree to abide by the terms and conditions that any Merchant may impose on any loyalty plans, rewards, coupons or points provided by such Merchant, and you shall fully indemnify KISSGC for your violation of any such terms and conditions.
Privacy. KISSGC does not share any of your personal information without your consent. KISSGC’ privacy policy sets forth all of KISSGC’ policies regarding the use of your information. Without limiting the foregoing, by using the Services or selecting any Merchant to provide Content to you, you acknowledge and agree that KISSGC will provide such Merchant with certain information necessary or helpful for the provision of the Services, including information regarding you (e.g. Facebook profile link), your Device, your physical presence in any location of the Merchant, as well as with information regarding your purchases and shopping patterns. KISSGC may also provide you with the opportunity to receive Content from specified Merchants regardless of your physical location and, if you select such opportunities, you fully consent to the receipt of such promotional and commercial messages. As part of providing the Services, KISSGC may at time be required to provide you with service announcements and administrative messages, and you fully consent to the receipt of the foregoing.
Intellectual Property. You have no ownership rights in the Application. Rather, you have a limited license to use the Application subject to these Terms. Ownership of the Application, Documentation and all intellectual property rights therein and thereto shall remain at all times with KISSGC or its licensors. All rights not expressly granted to you herein are reserved to KISSGC. You may not remove any proprietary notice of KISSGC or its licensors from the Application, Documentation, or Content or any copy or component thereof. All copyright notices must be retained at all times.
Restrictions. You shall maintain all copyright and other proprietary notices contained in the Application, including all commercial logos. Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Application; (b) circumvent, disable, or otherwise interfere with security-related features of the Application or any Content; (c) modify the Application or any Content, or insert any code or product, or in any other way manipulate the Application or any Content; or (d) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Application or any Content except as expressly permitted by these Terms. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above.
Usage Restrictions. In making use of the Application or any Content, you may not, directly or indirectly, (a) violate the legal rights of others, including defaming, abusing, stalking or threatening users or infringe our or any third party’s intellectual property rights, moral rights, or other rights; (b) commit an action that is (or we reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or we reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (c) commit any action that does not comply with all applicable laws, rules, or regulations, including not obtaining all necessary permits, licenses, or registrations or that would cause us to be in violation of any law or regulation, or to infringe any right of any third party; or (d) use or access another user’s account or password without permission or under false pretences.
Indemnification. You shall indemnify KISSGC, its affiliates, employees, officers, directors and agents from and against any and all third party allegations (even though such allegations may be false, fraudulent or groundless) asserted in any claim, action, lawsuit, investigation or proceeding, whether actual or alleged, arising out of or related in any way to (i) a breach by you of these Terms; (ii) your use of the Application or any Content in a manner that may violate any third party intellectual property, moral or contractual rights; or (iii) your use of the Application or any Content in violation of any law, regulation or court order. Your choice of counsel retained for purposes under this section must be reasonably satisfactory to KISSGC. You may not settle or compromise claims that impose any obligation on KISSGC or that may affect KISSGC’ rights in any way without KISSGC’ prior written consent. KISSGC’ may participate in the defence of all claims with counsel of its own choice at its own expense.
No Warranty. THE APPLICATION, DOCUMENTATION AND ALL CONTENT ARE PROVIDED “AS-IS”. KISSGC EXPRESSLY DISCLAIMS ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE APPLICATION OR THE SUBSTANCE OF THE CONTENTS) AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE APPLICATION OR THE CONTENT IS AT YOUR OWN RISK, AND KISSGC DOES NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE APPLICATION OR THE CONTENT, INCLUDING WITHOUT LIMITATION THE UNAVAILABILITY OR MODIFICATION OF ANY LOYALTY PLANS, REWARDS, COUPONS OR POINTS, OR THE FAILURE OF ANY MERCHANT TO PROVIDE ANY PROMISED LOYALTY PLANS, REWARDS, COUPONS OR POINTS.
Limitation of Liability. KISSGC IS MAKING THIS APPLICATION AVAILABLE TO YOU WITHOUT CHARGE AND, AS SUCH, KISSGC SHALL NOT HAVE ANY LIABILITY ARISING OUT OF THE LICENSE, SUPPLY OR USE OF THE APPLICATION OR CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL KISSGC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES), INCLUDING ARISING OUT OF THE MANUFACTURE, SUPPLY, SALE OR USE OF THE APPLICATION, EVEN IF KISSGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Termination. KISSGC may suspend or terminate your account, these Terms, and your use of the Application or any Content at any time if (i) you violate these Terms, including by using the Application or any Content in violation of any third party right or law, regulation or court order; (ii) KISSGC is unable to verify or authenticate any information you provide; (iii) such information becomes inaccurate; or (iv) KISSGC decides in its sole discretion to cease offering the Application or any Content. Upon termination, you must immediately cease all use of the Application and Documentation. Sections ‎4 (Security), ‎6 (Privacy), ‎7 (Intellectual Property), ‎8 (Restrictions), ‎9 (Usage Restrictions), ‎10 (Indemnification), ‎11 (No Warranty), ‎12 (Limitation of Liability) and this Section ‎13 shall survive the termination or expiration of this Agreement for any reason.
Miscellaneous. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof, provided that the use of any Content may be subject to additional terms provided by the applicable Merchant. These Terms may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. KISSGC may assign its rights or obligations pursuant to these Terms. Customer agrees not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of these Terms. If any part of these Terms shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the Province of British Columbia, and the competent courts in the city of Vancouver shall have exclusive jurisdiction to hear any disputes arising hereunder.

Merchant Terms and Conditions

Last Revised: 20 August 2017

Merchant terms and conditions

KISSGC SOLUTIONS INC., [KISSGC] (“us”, “our”, “we”) offers an application which allows Merchants to collect and load monies and to provide loyalty plans, rewards and coupons directly to consumers through a mobile device application (“Services”), and provides Merchants with programs and applications to track consumers’ use and collect monies directly from consumers thereof (the “Applications”). These Merchant Terms and Conditions (“Terms”) govern your access and use of the Services and the Applications. “Merchant” means any Merchant entity and its agents that makes use of the Application or provides Services to its customers.

Please read these Terms carefully. These Terms govern your use of the Applications and your provision of the Services to your customers. You must accept these Terms prior to signing up your business on KISSGC using our website (e.g. www.KISSGC.com). By clicking “ACCEPT” or in any other way downloading the Applications or making any Services available to your customers, you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not accept these Terms, do not click “ACCEPT” and do not download the Applications or make any Services available to your customers. We will make reasonable commercial efforts to notify you of any updates to these Terms. Notwithstanding the foregoing, your continued use of the Applications or provision of the Services to your customers will be deemed acceptance to amended or updated Terms. As such, you should check frequently to see if we have updated these Terms. The most current version of the Terms is available here. If you do not agree to any of these Terms, please do not use the Applications or make the Services available.

  1. Definitions. In these Terms, the following terms when capitalized have the meanings set forth in this Section.
  2. “Customer” means an end user that has been granted a license by KISSGC to use the Services, and who has accepted the KISSGC User Terms and Conditions.
    2. “KISSGC User Terms and Conditions” means KISSGC’ standard end user license agreement, which may be amended by KISSGC in its sole discretion, a current version of which is available www.KISSGC.com/legal.
    3. “Promotional Content” means any advertising, promotional or marketing content provided by Merchant for provision to any Customer (including, without limitation, any loyalty plans, rewards, coupons or points) and including any logos, trade names, trademarks or other content of Merchant included in such content.
  3. License. Subject to the terms and conditions hereof, during the period these Terms are in effect KISSGC hereby grants Merchant a limited, revocable, non-exclusive, non-transferable, non-sub licensable, license solely to use the Applications and to provide the Services to its Customers.
  4. Restrictions. Merchant shall maintain all copyright and other proprietary notices contained in the Applications and in the Services. Except as set forth expressly herein, Merchant shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Application or the Services; (b) modify the Application or Services, or insert any code or product, or in any other way manipulate the Application or Services; or (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Applications or Services except as expressly permitted by these Terms. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, Merchant shall inform KISSGC in writing in each instance prior to engaging in the activities set forth above. KISSGC reserves the right to make modifications to the Applications and the Services at any time without prior notice.
  5. Promotional Content. Merchant may provide Promotional Content to Customers through the Services as permitted by KISSGC. Merchant shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Promotional Content. Merchant represents and warrants that no Promotional Content infringes the intellectual property rights or moral rights or any third party. KISSGC reserves the right, at its sole discretion, to remove any Promotional Content that violates these Terms at any time, without prior notice, or require Merchant to do so. Merchant shall remain solely liable for any loyalty plans, rewards, coupons or points offered to Customers, and shall fully indemnify KISSGC for its failure to satisfy any of its obligations pursuant to such plans, rewards, coupons or points. KISSGC does not claim ownership of Promotional Content. However, Merchant grants KISSGC a non-exclusive, royalty-free, worldwide license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce Promotional Content for the purposes of these Terms, including the right to exercise this license through independent contractors.
  6. Intellectual Property.
    1. KISSGC Property. Title to and ownership of and all proprietary rights in or related to (a) the Application, Services and related documentation and all enhancements, derivatives, bug fixes or improvements to the foregoing; (b) all trade names, trademarks, and logos of KISSGC; and (c) all data collected by KISSGC’ server side software with regard to the foregoing] (collectively, “KISSGC Property”) shall at all times remain solely with KISSGC or its licensors.
    2. Merchant Property. Subject to Section 6.1, title to and ownership of and all proprietary rights in or related to Promotional Content and all the trade names, trademarks, and logos of Merchant shall at all times remain with Merchant and its licensors (collectively, “Merchant Property”).
    3. No Sale. Any references in these Terms to sale, resale or purchase of the KISSGC Property or Merchant Property and related documentation or references of like effect will be deemed to mean the license thereof pursuant to the terms and conditions of these Terms.
  7. Customer Data. KISSGC will provide Merchant with certain specified data regarding Customers, including the name of the Customer and certain mutually agreed data regarding the Customer’s activities at Merchant’s business location (“Customer Data”). Merchant agrees that it shall at all times comply with KISSGC privacy policy and all applicable law, rules and regulations with respect to all Customer Data and all uses thereof. Merchant shall fully indemnify KISSGC (and its officers, directors, employees and consultants) for all breaches of its obligations under this provision. Customer Data may include: customer’s name, phone number, email, number of visits, visits details, offers usage, Facebook profile link (if provided by the customer)

7.Customer Payments. KISSGC allows Customers to add monies to their Merchant card in their Application on their mobile device using Credit Cards. Customer can pay by credit card through STRIPE. 100% of the monies go directly to the Merchant’s connected STRIPE account. Merchant and Customer will be bound by the terms of use set forth on STRIPE’s website. Merchant must have an account with STRIPE in order to collect monies from Customers through the Application. Merchant will pay all fees, taxes and levies charged by STRIPE. KISSGC is not liable for any transaction fees or any transactions between Consumer and Merchant. ALL disputes in regards to monies are to be handled by the Merchant. KISSGC is exempt from any money disputes between Merchant and Customer since KISSGC never collects any money from the Customer. KISSGC is only a portal from the Customer to the Merchant’s STRIPE account.

  1. Support. Customers may contact KISSGC with regard to the support for the Application using email at admin@KISSGC.com or using other forms of communication as described on our website.
  2. Confidentiality. Merchant acknowledges that KISSGC may disclose to Merchant certain confidential information belonging to and relating to KISSGC, the Application or the Services. Merchant may disclose to KISSGC certain information regarding its business and operations. Either party (the “Receiving Party”) receiving information from the other party (the “Disclosing Party”) which the Disclosing Party has marked or identified as confidential or proprietary, or which should clearly be considered confidential proprietary (collectively, “Confidential Information”), agrees to keep such Confidential Information confidential during and after the Term and not disclose or use except in performance of the Receiving Party’s obligations hereunder. Confidential Information shall not include information (i) already lawfully known to or independently developed by the Receiving Party without access to or use of the Confidential Information of the Disclosing Party, (ii) received by the Receiving Party from any third party without restrictions, (iii) publicly and generally available, free of confidentiality restrictions; or (iv) required to be disclosed by law, provided that the Receiving Party provides prompt notice of such requirement. The Receiving Party shall restrict disclosure of Confidential Information to those of the Receiving Party’s employees and officers with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. Merchant will not disclose any information regarding the results of any testing or evaluation of the Application or Services to any third party without KISSGC prior written consent.
  3. Warranties; Indemnification; Disclaimer.
    1. Merchant Warranties. Merchant represents and warrants that the Promotional Content: (a) does not contain material that is obscene, defamatory, libellous, racially or ethnically insensitive, harassing, threatening or otherwise offensive; (b) does not contain pornography or material that may be harmful to a minor; (c) does not contain material that violates or infringes the intellectual property, moral or contractual rights of any third party; (d) does not contain any virus, worm, Trojan horse, or other harmful or disruptive component; and (e) complies with all applicable law, regulations and rules, including all applicable law regarding advertising, marketing and promotional content and services.
    2. Merchant Indemnification. Merchant shall defend, indemnify and hold harmless KISSGC from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which KISSGC may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to (i) a claim that the Promotional Content infringes or violates any third party intellectual property rights, provided however, that Merchant shall have no obligation to indemnify KISSGC where such claim of infringement relates solely to the KISSGC Property incorporated in the foregoing; (ii) use of any Customer Data not in compliance with KISSGC then-current privacy policy or in violation of applicable law, rule or regulation; or (iii) any other breach of these Terms, including the representations and warranties set forth in Section ‎11.1.
    3. DISCLAIMER. THE APPLICATION, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS-IS”. KISSGC EXPRESSLY DISCLAIMS ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE APPLICATION OR SERVICES AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE APPLICATION OR THE SERVICES IS AT MERCHANT’S OWN RISK, AND KISSGC DOES NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MISTAKES OR INACCURACIES IN LOYALTY PLANS, REWARDS, COUPONS OR POINTS CREATED OR MADE AVAILABLE THROUGH THE APPLICATION OR SERVICES.
  4. LIMITATION OF LIABILITY. IN NO EVENT SHALL KISSGC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SHAREHOLDERS, BE LIABLE TO MERCHANT, ANY CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE APPLICATION OR SERVICES. IN ANY CASE, KISSGC’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT RECEIVED FROM MERCHANT HEREUNDER, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE GROSS NEGLIGENCE OF KISSGC TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.

Promotion; Publicity. All promotion, advertising and distribution of the Application and Services shall be consistent with KISSGC’ standard policies and reputation. Both parties may agree in writing to include a reference to the other party and its logo on its website, marketing and promotional materials (in any medium) subject to the compliance by each party with the applicable trademark guidelines of the other party. The Parties may agree to issue a joint press release in a form mutually agreeable to the Parties announcing the formation of the relationship between the Parties. The text of such press release and announcements, and any future announcement or publication concerning the existence or terms of this agreement, shall be mutually agreed to by the Parties prior to publication, except that either Party may re-publish information contained in a previously approved press release, including on a Party’s website and in marketing materials.

  1. The term of this agreement (“Term”) shall commence on the date Merchant accepts these Terms and shall continue for a period of 6 months, and shall thereafter automatically renew for subsequent terms of 6 months, unless otherwise terminated in accordance with these Terms.
    1. Termination. Either party may terminate this agreement with advance notice of 30 days., provided, however, that KISSGC may terminate these Terms and all rights granted hereunder without notice if Merchant shall use or market the Application or Services in violation of any applicable law, rule or regulation.
    2. Effect of Termination. Upon expiration or termination of these Terms for any reason, (a) Merchant shall immediately cease the use of the rights licensed hereunder, and shall immediately cease all provision of the Services to its customers; (b) each party shall make payment to the other of all amounts due hereunder as of the date of termination; and (c) Merchant shall cease the use of all KISSGC Property and shall promptly return to KISSGC all copies of KISSGC Confidential Information or destroy same, at KISSGC discretion.
    3. Survival. Sections 3 (Restrictions), 7 (Intellectual Property), 8 (Customer Data), 10 (Confidentiality), 11 (Warranties; Indemnification; Disclaimer), 12 (Limitation of Liability) any accrued and unpaid payments, and this Section 12.4 shall survive the termination or expiration of these Terms for any reason.
  2. Merchant agreement (“You” refers to a customer as defined in clause 1 of this document). In order to manage your loyalty program, you will be provided with access to the online dashboard, from where you can track and modify the various features of your program. b) A merchant login for an Android or Apple device (handset or tablet). These applications will serve as your on-site tools to interact with your program members. By signing below, you agree to the following: a) To run your loyalty program in a fair and non-abusive manner. You understand that while KISSGC grants you access to its platform, the responsibility for managing your loyalty program lies with you. Pricing: You agree to the KISSGC pricing plans as presented and selected online, or as presented to you by a sales representative or any authorized representative of KISSGC.
  3. Miscellaneous. KISSGC and Merchant are and intend to remain independent parties. Nothing contained in these Terms shall be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party shall hold itself out as an agent, legal representative, partner, subsidiary, joint venturer, servant or employee of the other. Neither party nor any officer or employee thereof shall, in any event, have any right collectively or individually, to bind the other party, to make any representations or warranties, to accept service of process, to receive notice or to perform any act or thing on behalf of the other party, except as authorized in writing by such other party in its sole discretion. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof. These Terms may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. KISSGC may assign its rights or obligations pursuant to these Terms. Merchant agrees not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of these Terms. If any part of these Terms shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the Province of British Columbia, and the competent courts in the city of Vancouver shall have exclusive jurisdiction to hear any disputes arising hereunder.
    Some of the Services offered on the Website require payment of fees (“Charged Services”). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. KISSGC reserves the right to change its prices at any time. You authorize KISSGC directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services. Please note that according to internal agreements, KISSGC is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to KISSGC. All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If KISSGC does not receive a request by the user, through email or phone for Charged Services termination you acknowledge and understand that KISSGC will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services. Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. KISSGC expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION KISSGC WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH KISSGC THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS KISSGC IN RELATION TO THE DISCONTINUATION OF THE SERVICES.

Privacy Statement

Last Revised: 8 November 2017

This Privacy Statement (“Statement”) applies to the website located at kissgc.com, KISSGC Mobile App (CA market), and any other websites owned and operated by KISSGC SOLUTIONS INC. that direct the viewer or user to this Statement. In this Statement, the terms “KISSGC,” “we,” and “us” refers to KISSGC SOLUTIONS INC., KISS Gift Cards and their respective subsidiaries and affiliated companies. Websites that are owned and operated by KISSGC may contain links to websites that are owned and operated by other companies. This Statement does not apply to websites and services that are owned and operated by third parties.

Information We Collect

As you use our services, we collect certain information about you and the services you use. The information we collect falls into three different categories: (1) information you give us; (2) information we collect from you automatically when you use our services; and (3) information we collect from other sources.

Information You Give Us

We collect information you give us when you use our services. Some examples of using our “services” are when you visit one of our merchants, visit one of our websites, create a KISSGC account, buy a gift card online, or participate in a survey or promotion. The information you give us may include your first or last name, username, password, email address, postal address, phone number, financial account information such as a credit card number, birthday, demographics information, and any other information you choose to give us.

Information We Collect When You Use Our Services

When you use our services, we may collect information about the services you use and how you use them. This information includes:

  • Purchasing Information– We may collect information about the products you buy, including where you buy products, how frequently you buy products, and the rewards earned due to a purchase.
  • Device and Website Use Information– When you install one of our mobile applications or use a computer, tablet, smartphone or another device to access our websites or purchase products or services via our online properties, we may collect information about the device and how you use it.

This information may include the type of device, your operating system, your browser (for example, whether you used Internet Explorer, Firefox, Safari, Chrome or another browser), your internet service provider, your domain name, your internet protocol (IP) address, your device identifier (or UDID), the date and time that you accessed our service, the website that referred you to our website, the web pages you requested, the date and time of those requests, and the subject of the ads you click or scroll over. To collect this information, we use cookies, web beacons and similar technologies.

Location Information – When you use a smart phone or another mobile device to access our services, use a computer to access our website or use our mobile application, we may collect information about your physical location.

We may combine this information with other location-based information, such as your IP address and billing or postal code, to give you information about stores near you and to provide you with other services on your mobile device. We share your location information only with companies that help us provide you with services and help us understand how the services are being used. If you want to opt-out of the collection of this location information, please see the section below titled, “Your Choices .”

 

Information We Collect From Other Sources

We also collect information that is publicly available. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Twitter or Google+. We may also collect information about you from other companies and organizations. By gathering additional information about you, we can correct inaccurate information and give you product recommendations and special offers that are more likely to interest you.

How We Use the Information We Collect

We may use the information we collect about you in a variety of ways, including:

  • to process your purchases of products and services;
  • to communicate with you about orders, purchases, services, accounts, programs, contests, and sweepstakes;
  • to respond to your customer service inquiries and requests for information;
  • to post your comments or statements on our websites;
  • to send you personalized promotions and special offers;
  • to inform you about our brands, products, events, or other promotional purposes;
  • to maintain and improve our sites and the products and services we offer;
  • to detect, prevent, or investigate security breaches or fraud; and
  • to maintain appropriate records for internal administrative purposes.

How We Share the Information We Collect

We may share your information in the following circumstances:

  • When We Work Together– We may share the collected information between KISSGC, and their respective subsidiaries, and affiliated companies for proper management and analysis and decision making, including decisions regarding the expansion and promotion of our product and service offering, order or customer request fulfillment, and for use by those companies for the other purposes described in this Statement.
  • When We Work with Service Providers– We may share your information with service providers that provide us with support services, such as credit card processing, website hosting, email delivery, location mapping, postal mail processing and delivery, and analytics services. We require the companies to refrain from collecting, using and disclosing your information except when they are performing work for us or when the disclosure of your information is required by law.
  • When We Work on Business Transactions– If we become involved with a merger or another situation involving the transfer of some or all of our business assets, we may share your information with business entities or people involved in the negotiation or transfer.
  • When Sharing Helps Us Protect Lawful Interests– We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of KISSGC or our customers or partners.
  • When We Share with Other Companies for Marketing Purposes– We may share your information with service providers to use your information to provide you with promotions and special offers. We also may share anonymous, aggregated statistics about your use of our websites and services with other companies.
  • When You Give Consent– We may share information about you with other companies if you give us permission or direct us to share the information.
  • When the Information Does Not Identify You– We may share your information in a way that does not directly identify you. For example, we may combine information about you with information about other people and share the combined information in a way that does not link your information to you.
  • When You Post on Our Websites– If you post information on a blog or another part of our websites, the information that you post may be seen by other visitors to our websites, including your post information and your user name.

How We May Allow Others to Collect Your Information

When you use our websites or other services, we may allow third parties to collect information about you by setting their own cookies, web beacons and other similar technologies on our websites. The information collected by third parties may include the type of device, your operating system, your browser, your internet service provider, your domain name, your internet protocol (IP) address, the date and time that you accessed our service, the website that referred you to our website, the web pages you requested, the date and time of those requests, and the subject of the ads you click or scroll over.

We allow third parties to collect this information on our websites for the following purposes:

  • To Display Ads for Products or Services– We allow some advertising companies to collect information in order to display ads on our websites that are most relevant to you. These third parties may also collect anonymous information about visitors to our websites to place them into market segments to display ads on other websites believed to be relevant to each market segment. This is known as “online behavioral advertising.” Please see “Your Choices ” below for more information about opting out of these targeted display ads and controlling the use of cookies, web beacons, and similar technologies.
  • To Collect Information on How Our Websites and Services Are Used– We allow certain service providers to use the information collected on our websites and services to help us learn about our audience and how people use our websites. The companies that use this information for this purpose do not match the information to individual users. In other words, statistical information collected by third parties regarding website usage or performance is not matched or linked to you.
  • To Make the Services of Other Companies Work on Our Websites– We allow companies to use special technologies to make certain parts of our websites work. For example, we allow Adobe to set and enable special cookies that are necessary to deliver video content for Adobe Flash Player. These cookies are called Flash cookies.
  • To Link Your Activity on Our Websites to Your Social Networks– We have added certain features to our websites that allow social networks (such as Facebook, Twitter, and Google+) to track the activities of their members or collect certain information about website visitors. These features may include technologies called “plug-ins” and “widgets.” Plug-ins create a direct link between two websites, and widgets are interactive mini-programs that provide other companies’ services on our websites. If you are concerned about the way a social network is tracking your activity, please contact the social network or review its privacy policy. For example, you can review Facebook’s data-use policy at https://www.facebook.com/about/privacy/.

Cookies, Web Beacons, and Similar Technologies

We and others may use a variety of technologies to collect information about your device and use of our services. These technologies include cookies and web beacons:

Cookies – Cookies are small data files that are sent from a website’s server and are stored on your device’s hard drive either for only the duration of your visit (“session cookies”) or for a fixed period of time (“persistent cookies”). Cookies contain information that can later be read by a web server. Most web browsers automatically accept cookies, but you can change your browser settings to give you the choice to accept a cookie or reject cookies altogether. For more information about changing your browser settings, please see the section of this Statement titled, “Your Choices .”

We mainly use cookies for the following purposes:

  • Website Functionality– Some cookies (considered “strictly necessary”) are required to allow you to access and use our websites. Without these cookies, our websites do not work properly.
  • Performance Monitoring– Some cookies (considered “performance” cookies) help us analyze and estimate traffic on our website. They show us how visitors interact with our website, whether there are any errors, which pages are not used often, which pages take a long time to load, which pages users tend to visit and in what order. These cookies do not collect any information that could identify you and are only used to help us improve how our website works and understand user interests.
  • User Convenience– Some cookies (considered “functionality” cookies) remember information to save you the trouble of entering information every time you visit or use a particular website. For example, a cookie may remember your username to save you time when you log in to your account.
  • Marketing– Some cookies (considered “targeting or advertising” cookies) are used to tailor your experience on our website by controlling the promotions, advertisements and other marketing messages that may appear when you visit or use our website and help us learn which services you are using and how you are accessing information about us. We may use this information to personalize your visit to a website or to send you relevant promotions.
  • Web Beacons– Web beacons are small, transparent images that are embedded in web pages, applications, and emails that are sometimes called “clear gifs,” “single-pixel gifs”, “page tags” or “web bugs.” We use web beacons to track the web pages you visit, to test the effectiveness of our marketing, and to find out if an email has been opened and acted on.

Your Choices

Promotional Communication Choices

You can opt out of receiving promotional emails, text messages, telephone calls, and mailings by informing us of your preference at the time you sign up for a KISSGC account, modifying your promotional preferences online in your account’s profile management section, or adjusting your text and notification preferences in your mobile device’s settings or by following the opt-out instructions in the promotional emails we send you.

Alternatively, you may let us know that you do not wish to receive some or all of these promotional communications by emailing us at admin@KISSGC.com, calling us at 866-824-8018 or by writing to us at KISSGC Customer Service, PO Box 30088 Vancouver BC V6P 5A0

Please note that if you opt-out of receiving promotional communications from us, we may still send you non-promotional communications, including emails about your accounts or purchases.

Information Collection Choices

You can also make choices about the information we collect about you:

  • Location Information– When you use a smartphone or another mobile device to access our websites, we may collect information about your physical location only if (a) “location services” for the mobile application is enabled, or (b) the permissions in the mobile device allow communication of this information. If you do not want us to collect your location information, you can opt-out of sharing this information by changing the relevant preferences and permissions in your mobile device.
  • Cookies– If you want to reject cookies, you must take action to select the appropriate settings in your browser. Each browser’s cookie control is a little different, but the most common browsers (Internet Explorer, Chrome, Firefox, and Safari) have a preference or option you can select so the browser notifies you if a site wants to set a cookie and typically provides an option to accept or reject the cookie before the cookie is set. If you choose to remove or reject cookies, it will affect many features or services on our websites. If you want to learn the correct way to modify your cookie settings, please use the Help menu in your browser. For additional information about cookies, including how to refuse cookies, please visit allaboutcookies.org .

In addition to adjusting the appropriate settings in your browser, many advertising companies that may collect anonymous information for advertising targeting purposes are also members of the Digital Advertising Alliance or the Network Advertising Initiative, both of which provide an opt-out of advertisement targeting from their members located at their respective websites at www.AboutAds.info and www.networkadvertising.org.

  • Flash Cookies– We allow Adobe to set and enable special cookies that are necessary to deliver video content for Adobe Flash Player. You cannot remove Flash cookies simply by changing your browser settings. If you would like to limit the websites that can store information in Flash cookies on your device, you must visit the Adobe website: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

“Do Not Track” Technology – Some newer web browsers have a “Do Not Track” preference that transmits a “Do Not Track” header to the websites you visit with information indicating that you do not want your activity to be tracked. We currently do not respond to browser “Do Not Track” signals.

Accessing or Changing Your Information or Deleting Your Account

Under the Personal Information and Electronic Documents Act and related provincial legislation, you have the right, under certain circumstances, to access the information we hold about you. Any such access request must be writing and provided to us at the email or postal addresses described in the “Contact Us” section below. Any such access request may be subject to a small statutory fee to meet our costs in providing you with details of the information we hold about you.

Changing Your Information or Deleting Your Account

If you want to change your information, cancel your account, or stop us from using your information, please contact us as described in the “Contact Us” section, below. We will make every effort to promptly respond to your request. We will retain your information for as long as your account is active or as needed to provide you services. If you ask us to delete your account, we generally retain and use your account information only as long as necessary to fulfill a business or law enforcement need.

How We Protect Your Information

KISSGC protects your information using technical, physical, and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your information. Some of our safeguards include firewalls, data encryption, physical access controls, and administrative informational controls. When you transmit highly sensitive information (such as a credit card number) through our website or in one of our mobile applications, we encrypt the transmission of that information using the Secure Sockets Layer (SSL) protocol. While we have employed security technologies and procedures to assist safeguarding your personal information, no system or network can be guaranteed to be 100% secure.

 

Storing and Processing Your Information

The information you provide us is stored and processed on servers owned by other compan