Terms of Use

Terms of Use for Mobile App Users

YOU (THE “SUBSCRIBER”) HAVE DOWNLOADED THE MOBILE APPLICATION DIRECTLY OR INDIRECTLY FROM THE ORGANIZATION (“SPONSOR”) THAT SUBSCRIBER PERMITTED TO SEND INFORMATION OR PROMOTIONAL OFFERS TO SUBSCRIBER.  SPONSOR HAS LICENSED MULTI-CHANNEL MESSAGING AND MARKETING AUTOMATION SOFTWARE FROM GENTRAF AND BRANDED THE APPLICATION USING THEIR CUSTOM LOGO AND COMPANY INFORMATION. SPONSOR IS ALSO REFERRED TO AS GENTRAF USER ON GENTRAF’S WEBSITE. THIS TERMS OF USE APPLIES TO SUBSCRIBER’S ACCESS AND USE OF THE MOBILE APPLICATION, WHICH IS POWERED BY GENTRAF OR ITS RESELLER PARTNER (“SERVICE”).  BY DOWNLOADING THE APPLICATION OR USING SERVICE, SUBSCRIBER IS AGREEING TO RECEIVE ALERTS, MESSAGES, OR SOLICITATIONS FROM SPONSOR THROUGH SERVICE. IF SUBSCRIBER SUPPLIES SUBSCRIBER’S CONTACT INFORMATION DURING THE COURSE OF USING SERVICE, SUBSCRIBER IS ALSO CONSENTING TO RECEIVING ALERTS, MESSAGES, OR SOLICITATIONS THROUGH OTHER FORMS OF COMMUNICATION SUCH AS EMAIL, MOBILE TEXT, OR PHONE CALL. SPECIFIC OFFERS, COUPONS, REWARDS, OR PROMOTIONS ARE CREATED AND ADMINISTRATED BY SPONSOR.

BY DOWNLOADING AND USING THE MOBILE APPLICATION, SUBSCRIBER INDICATES THAT SUBSCRIBER HAS READ, UNDERSTANDS, AND AGREES TO THIS TERMS OF USE. IF SUBSCRIBER DOES NOT ACCEPT THIS TERMS OF USE, PLEASE DISCONTINUE USE AND UNINSTALL THE MOBILE APPLICATION IMMEDIATELY. ALSO PLEASE READ THIS TERMS OF USE CAREFULLY FROM TIME TO TIME. CHANGES MAY HAVE BEEN MADE SINCE SUBSCRIBER’S LAST VISIT. SUBSCRIBER’S CONTINUED USE OF THE MOBILE APPLICATION AFTER CHANGES INDICATES SUBSCRIBER’S ACCEPTANCE OF THE CHANGES.

  1. Mobile Application Terms of Use

The mobile application is used by Sponsor to display business information, issue and redeem coupons, implement a loyalty program, and communicate with its subscribers via push notifications and two-way messaging (“Program”).  Generally, coupons and loyalty reward points have no cash value and are only redeemable for offered rewards. Sponsor reserves the right to discontinue the participation privileges of any subscriber who engages in any fraudulent activity or uses Sponsor’s promotional program in a manner inconsistent with the terms & conditions of offered promotions or with any federal, state, or local, laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated points. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary at its sole discretion.

Points are not the property of Subscriber and may be revoked at any time by Sponsor as set forth herein. Points may not be transferred or assigned by Subscriber. All questions or disputes regarding eligibility, collection or redemption of points, or Subscriber’s compliance with the terms & conditions will be resolved by Sponsor at its sole discretion. Subscribers are responsible for the payment of all taxes which may result from the points or reward(s) received as part of Program.

 

  1. General Terms of Use for Subscriber

Please refer to the general terms described for subscribers who receive informational or promotional messages from Sponsor by clicking http://gentraf.com/main/termsofuse_subscribers.php.

 

  1. Acceptable Use Policy

Service is powered by Gentraf, who may, at its sole discretion, determine whether any subscriber is in violation of its Acceptable Use Policy. Services may be used only for lawful purposes and may not be used for any illegal activities. Using Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of Service is prohibited.

  1. Warranty Disclaimer

GENTRAF PROVIDES ITS SERVICE AND ALL RELATED CONTENT AND MATERIAL ON AN “AS IS” BASIS. GENTRAF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, GENTRAF DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. GENTRAF DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA WITHIN SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

 

  1. Limitation of Liability

Sponsor, its parents, subsidiaries, affiliates, related companies, Gentraf, its subsidiaries, affiliates, resellers, related companies, software licensors, technology platform providers, technology resellers, advertising and promotion agencies and suppliers and each of its and their respective officers, directors, employees, shareholders and agents (collectively the “Released Parties”) are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment, software programming, or their data center operation associated with the promotion utilized by subscribers, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone, wireless or internet networks, cellular network, or electronic transmission, for problems relating to computer equipment, software, data, inability to access customer service, technical support or online service, or for any other technical or non-technical error, omission, or malfunction.

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROMOTIONAL PROGRAM OR REWARDS OFFERED THROUGH THE COUPON, LOYALTY, OR OTHER PROMOTIONAL PROGRAMS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES A SUBSCRIBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS OR DUE DISCOUNTS. BY PARTICIPATING IN PROGRAM, SUBSCRIBERS WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
SUBSCRIBERS ACKNOWLEDGE THAT REWARDS ARE AWARDED AS-IS. RELEASED PARTIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS OR NON-INFRINGEMENT AS REGARDS TO THE REWARDS OR ANY COMPONENTS THEREOF. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.

 

  1. Disputes

As a condition of participating in this Program, each subscriber agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with Program, including but not limited to rewards, discounts, loyalty points, and unsolicited messages, be resolved individually, without resort to any form of class action, and exclusively in Toronto. Ontario, Canada. (ii) any and all claims, judgments, and awards shall be limited to actual, direct out-of-pocket costs incurred, but in no event attorneys’ fees; and (iii) under no circumstances will subscribers be permitted to obtain awards for and subscriber hereby waives all rights to claim punitive, incidental, indirect, special and consequential damages and any other damages, other than for actual, direct out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of the terms & conditions, or the rights and obligations of Subscriber and Sponsor in connection with Program, shall be governed by, and construed in accordance with the without giving effect to any choice of law or conflict of law rules.

 

  1. Entire Agreement

The terms & conditions constitute the entire agreement between Program participants or subscribers and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these terms & conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these terms & conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the terms & conditions, which will otherwise remain in full force and effect.
Program is in no way sponsored, endorsed or administered by, or associated with, Facebook, Google Inc., wireless carriers, phone manufacturers, or Apple, Inc.

If you are registering contact information on an Online Sign-up page or if you are signing up for a distribution list via mobile keyword.

Terms of Use

Mobile Text Summary Terms & Conditions: Our mobile text messages are intended for recipients over the age of 13 and are delivered via Short Code 76000. You will receive 30 messages per month. Message & Data Rates May Apply. This service is available for subscribers on Aliant Mobility, Bell Mobility, Fido, Mobilicity, MTS, NorthernTel Mobility, Rogers Wireless, Sakstel Mobility, Telebac Mobilite, TELUS Mobility, Videotron, Virgin Mobile Canada, WIND Mobile. The list of US carriers include AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, U.S. Cellular®, Boost, and others in the US. Many international carriers are also supported. For help in Canada, text HELP to 76000. You may also email customercare@gentraf.com or call + 1 4168480059. You may stop mobile subscription at any time by sending text message STOP to Short Code 76000 in the Canada. Your phone must have text messaging capability.

Terms on this page apply to subscribers who sign up for distribution lists managed by users of the Gentraf service.

Information Collection

Your contact information (belonging to you, the subscriber) is collected by a Gentraf user on an opt-in basis and can be collected in different ways:

  • Gentraf users can collect your first name, last name, phone number, instant message (“IM”) screen name, email address and other custom data when you willingly subscribe to the Gentraf user’s Online Sign-up Page (“OSP”). A verification message will be sent to the email address, mobile phone number, and/or IM screen name that you have provided. You must verify each piece of contact information to begin receiving messages via the listed communication channels. If you do not verify the contact information you have provided on the OSP, you will not receive messages from that channel.
  • Gentraf user can also collect your mobile number when you text the Gentraf user’s mobile keyword to Gentraf’s short code. Certain SMS text features enable the collection of name, IM screen name, email address, or other customized information by asking you to reply via SMS texts with specific information. NOTE: Message and data rates may apply.
  • Gentraf user may have previously collected your contact information on an opt-in basis outside of the Gentraf system. The user states that your contact information was collected with your permission and you have prior express written consent to receive messages from the user.

Process to Unsubscribe From Gentraf

All subscribers have the ability to unsubscribe or change their personal subscription settings at any time.

To unsubscribe for:

  • Email: Click the ‘Unsubscribe’ link located at the bottom of each email.
  • Mobile Text: Text STOP to the short code that you do not wish to receive messages from.
    NOTE: Message and data rates may apply.
  • IM: Click the ‘Unsubscribe’ link located at the bottom of each instant message.
  • Voice Broadcasts: Follow the voice instruction/prompt when you receive a broadcast call, asking you to press 7 to unsubscribe from voice broadcast messages. You may also call 1-800-764-3090 to unsubscribe from prerecorded calls.

You may also call the Gentraf Unsubscribe Hotline at 1-866-866-0009 to unsubscribe at any time.

If you believe that your contact information was collected by a Gentraf user without your consent and would like to report spam, please click here or call 1-866-866-0009. When reporting the offending organization, please include the contact address or number that sent you the spam, the username of the sender, and the message or first few sentences of the message that you consider spam. Gentraf has a no tolerance spam policy.

NOTE: The Gentraf service is not intended for children under 13, and Gentraf does not knowingly collect information from children under the age of 13. Some Gentraf users may classify and rate their message content for recipients who are 13 years of age or older. Please observe content rating for intended audience before you sign up for any distribution list or mobile keyword.

Your Privacy

Gentraf may use or disclose information about you, including your personal information, under the following circumstances:

  • To provide you with products and services you request.
  • To anticipate and resolve problems and conflicts with our products and services.
  • For verification and authentication purposes in regards to requests or changes of any personal information or data related.
  • For other purposes communicated to you at the time you provide or authorize the use of your information.
  • To enforce our Terms of Use and Privacy Policy or other legal agreements.
  • To outsource any of the tasks referenced in this Terms of Use and Privacy Policy, such as customer service.
  • In response to a subpoena, court order, or other legal process.
  • To establish or exercise our legal rights or defend against legal claims.
  • To share with a company controlled by, or under common control with Gentraf for any purpose permitted by our Terms of Use and Privacy Policy.
  • When Gentraf believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law