General

By registering for your Banana Mobile account, you agree that you have read and accept these Terms of Service and Use including any future amendments (collectively, the "Agreement"). Banana Mobile (hereafter, the "Service") may attempt to notify you via your email address or by other means when major changes are made, you should visit our web page periodically to review the terms.

Banana Mobile may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the service. In the event of an inconsistency among different language versions of this or other documents, the English language version shall control.

Nothing in this Agreement shall be deemed to confer any third party rights or benefits. You understand and agree that the Service may include permission-based content-targeted promotions or other related targeted information, as further described below. In addition, you understand and agree that the Service is provided on an AS-IS and AS-AVAILABLE basis. Banana Mobile also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

Terms of Service for Users

The Service will enable you to receive savings and gift vouchers from venues through your mobile phone. We do not accept any liability for the use made by you of the Information, nor do we warrant that the supply of the Information will be uninterrupted.

Any use made of the Service by you is on an "as is" and an "as available" basis. Without limiting the above, Banana Mobile does not control telephones, third party communications networks (including your telecommunications and/or Internet service providers) or the Internet or the acts of third parties. You must remember that any Information you access via the Service, whether or not it is classified as "real time", may have ceased to be current by the time it reaches you, your computer or mobile phone. This is outside of our control.

• Privacy: Any information that you submit or we collect when you are using the Service is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Service.
• Equipment: You are responsible for obtaining, updating and paying for all telecommunications equipment, computer equipment, software or other access devices necessary to access the Service and for all amounts payable in respect of connection to all and any parts of the Service including any telecommunications charges for time spent using the Service. If you wish to use some parts of the Service you will be required to provide Banana Mobile with your own mobile telephone number. If you provide Banana Mobile with the mobile telephone number of a telephone belonging to your employer (or other party) then you are warranting that you are entitled to access the Service on that telephone and agree that Banana Mobile may terminate or suspend your use of the Service if requested by that employer, or other owner of the mobile telephone, without notifying you.
• Electronic Communications: By using the Service, you consent to receiving electronic communications and notices from Banana Mobile. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
• Your Conduct: Banana Mobile does not promote, recommend or condone use of the Service during certain activities, such as automobile driving, where there is a risk of accident. You agree not to use the Service during such activities.
• Charges for Using the Service: Banana Mobile will provide some portions of the Service to you free of charge, and others for a nominal fee from time to time. We will never charge you for any service without notifying you and/or without your consent.We will promptly refund any disputed charges and all fees paid by individuals for any unused memberships. When you use the Service, however, you may be subject to charges imposed by wireless or other applicable carriers. Payment of such charges is solely your responsibility, and Banana Mobile accepts no liability for any such charges.
• Text Message (SMS) Services: Standard carrier rates apply to all text messages sent to or from the text message Service. For more information, check your mobile phone service plan or visit your carrier's website. Banana Mobile will not at any time send broadcast messages (Spam) to which you have not subscribed. After you register for the Service, all text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to unsubscribe at any point thereafter. To obtain help with the text message service, you may email us at any time at support@bananamobile.ca
• Use of Information Submitted: You agree that Banana Mobile is free to use any comments, information or ideas contained in any communication you may send to Banana Mobile without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Service or other products or services.

Terms of Service for Venues

Banana Mobile's member venues understand and acknowledge that in order to access and benefit from the Service, they agree to:

• Prominently display the Banana Mobile member plaque within the restaurant
• Provide Banana Mobile members with a flat discount on all purchases
• Offer a gift voucher usable once per year per customer
• Maintain at all times a basic level of inventory of Banana Mobile membership booklets, such that prospective members may purchase memberships at the venue
• Present all customers with collateral notifying them of the Banana Mobile program at the time of purchase, by way of a name card, table display stand, or some other method mutually agreed with Banana Mobile
• Provide Banana Mobile with all information necessary to publish a web page promoting the venue, including pertinent information regarding the venue such as pictures, menu items, directions, prices, and the like.

Terms of Service for both Users and Venues

• Personal and Corporate Use: The Service is made available to you for your personal use only, and/or for use by your corporation. You must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Banana Mobile reserves the right to refuse service to anyone at any time without notice for any reason.
• Proper Use: You agree that you are responsible for your own communications and use of the Service and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, provincial, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
  • use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Banana Mobile
  • upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations
  • prevent others from using the Service
  • use the Service for any fraudulent or inappropriate purpose
  • act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to provincial and federal penalties and other legal consequences. Banana Mobile reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
• Content of the Service: Banana Mobile takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Banana Mobile have any obligation to monitor such third party content. Banana Mobile reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Banana Mobile also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Banana Mobile, its users and the public. Banana Mobile will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
• Intellectual Property Rights: Banana Mobile's Intellectual Property Rights. You acknowledge that Banana Mobile owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Banana Mobile Rights"), and such Banana Mobile Rights are protected by Canadian and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

  You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Banana Mobile Rights include rights to (i) the Service developed and provided by Banana Mobile; and (ii) all software associated with the Service. The Banana Mobile Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.Your Intellectual Property Rights. Banana Mobile does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your account. We will not use any of your content for any purpose except to provide you with the Service.

• Representations and Warranties: You represent and warrant that (a) all of the information provided by you to Banana Mobile to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
• Account Inactivity: After a period of inactivity, Banana Mobile reserves the right to disable or terminate an account. For more information on how Banana Mobile deals with account inactivity, please contact support@bananamobile.ca
• Publicity: Any use of Banana Mobile's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Agreement.
• Termination or Cancellation: You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to Banana Mobile at support@bananamobile.ca; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Banana Mobile may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Banana Mobile has previously canceled or terminated your use of the Services, if you have provided an alternate email address, Banana Mobile will notify you via email of any such termination or cancellation, which shall be effective immediately upon Banana Mobile's delivery of such notice. All relevant sections of this Agreement, along with applicable provisions of the general Terms of Service and Use (including the section regarding limitation of liability), shall survive expiration or termination.
• Indemnification: You agree to hold harmless and indemnify Banana Mobile, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Banana Mobile will provide you with written notice of such claim, suit or action.
• Disclaimer of Warranties: Banana Mobile disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the bananamobile.ca search results. Banana Mobile disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Banana Mobile disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Banana Mobile Services.THE Banana Mobile SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE Banana Mobile SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Banana Mobile AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES , INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Banana Mobile AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Banana Mobile SERVICES. Banana Mobile AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Banana Mobile SERVICES . Banana Mobile AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Banana Mobile SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Banana Mobile SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Banana Mobile SERVICES.YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Banana Mobile SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
• Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL Banana Mobile OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE Banana Mobile SERVICES . ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY , CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Banana Mobile OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Banana Mobile SERVICES, FROM INABILITY TO USE THE Banana Mobile SERVICES , OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Banana Mobile SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Banana Mobile SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Banana Mobile SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Banana Mobile SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Banana Mobile SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Banana Mobile SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON , OR IS LINKED OR RELATED IN ANY WAY TO, THE Banana Mobile SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, under no circumstances shall Banana Mobile or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
• Choice of Law and Jurisdiction: These Terms of Service and Use will be governed by and construed in accordance with the laws of Ontario and Canada, without giving effect to its conflict of laws provisions or your actual province or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Ontario, Canada, and you consent to the jurisdiction of such courts.

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Our Code of Conduct

Our business thrives on many happy users, and we conduct ourselves according to the following rules:

• We believe that spamming puts all the actors in the wireless industry at risk. Banana Mobile does not accept nor send spamming traffic; evidence of any user or venue sending spam messages will result in immediate suspension of the service and/or termination of the contract (actual or implied) between that person(s)/business and Banana Mobile.
• No SMS, EMS or MMS message should be sent to a mobile subscriber without having previously obtained her/his consent.
• There should be a simple and opt-out procedure allowing mobile subscribers to stop receiving SMS, EMS, and MMS messages when they no longer wish to. This can be done simply by sending the keyword "STOP" to the number 226262 (The word "BANANA" spelled out on your keypad).
• Banana Mobile complies with applicable laws and regulations concerning the collection, processing, and use of personal data.
• We do NOT allow any of our 3rd-party partners access to our members list without explict concent from the member. This concent is controlled through a member's profile or direct-confirmation via text-message.
• We do not knowingly do business with any company or person that sends spam.

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Questions, Suggestions, or Comments

If you have questions or suggestions, please email us at support@bananamobile.ca or call for support at 905.731.4916, When you hear a message, please leave us a call-back number and we will return your call as soon as possible.

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