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Effective as of April 1st, 2016

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our Privacy Policy. We hope you’re sitting comfortably and sipping some delicious coffee. Here we go…

1 Introduction

Thanks for choosing Th3rdwave (“Th3rdwave”, “3W”, “we”, “us”, “our”). By signing up or otherwise using the Th3rdwave service, websites, and software applications (together, the “Th3rdwave Service” or “Service”), or accessing any content or material that is made available by Th3rdwave through the Service (the “Content”) you are entering into a binding contract with the Th3rdwave entity indicated at the bottom of this document.

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Th3rdwave’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Th3rdwave Service or consume any Content.

Please read the Agreements carefully. They cover important information about Th3rdwave Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, limitations of liability, and privacy information.

Any information that you provided during sign-up can be accessed in the setting to correct erroneous information.

In order to use the Th3rdwave Service and access the Content, you need to be 13 or older. For Discovery Service, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent. You also promise that any registration information that you submit to Th3rdwave is true, accurate, and complete, and you agree to keep it that way at all times.

2 Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.

3 Enjoying Th3rdwave

Here’s some information about how you can enjoy Th3rdwave.

3.1 Our Directory Service

Th3rdwave provides primarily a directory of establishments which serves and specializes in coffee beverages, tea, and other beverages, referred to as “Coffee Shop”. Th3rdwave may list other type of venues as additional content and will be identified accordingly to avoid providing misleading information. Th3rdwave directory does not require payment and is currently referred to as the “Directory Service”.

3.2 Our Discovery Service

Th3rdwave provides a premium concierge service referred to as the “Discovery Service”. The Service require payment before you can access it. You can learn more about our services by visiting our website.

3.3 Codes

If you have received a code on behalf of Th3rdwave for access to the Discovery Service (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

4 Right we grant you

The Directory Service and the Content are the property of Th3rdwave. We grant you a limited, non-exclusive, revocable licence to make use of the Th3rdwave Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Th3rdwave. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Th3rdwave Service or the Content.

The Th3rdwave software applications and the Content are licensed, not sold, to you, and Th3rdwave retains ownership of all copies of the Th3rdwave software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All Th3rdwave trademarks, service marks, trade names, logos, domain names, and any other features of the Th3rdwave brand (“Th3rdwave Brand Features”) are the sole property of Th3rdwave. The Agreements do not grant you any rights to use any Th3rdwave Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Th3rdwave Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements.

Third party software (for example, open source software libraries) included in the Th3rdwave Service are licensed to you either under the Agreements or under the relevant third party software library’s licence terms.

5 Third Party Applications

The Th3rdwave Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Th3rdwave does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

6 User-Generated Content

Th3rdwave users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, comments, information, and/or other types of content) (“User Content”).

You promise that, with respect to any User Content you post on Th3rdwave you have the right to post such User Content.

Th3rdwave may, but has no obligation to, monitor, review, or edit User Content. In all cases, Th3rdwave reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Th3rdwave’s sole discretion, violates the Agreements. Th3rdwave may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. Th3rdwave is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Th3rdwave RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Th3rdwave HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

7 Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Th3rdwave Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, and (2) to provide advertising and other information to you. In any part of the Th3rdwave Service, the Content you view.

If you provide feedback, ideas or suggestions to Th3rdwave in connection with the Th3rdwave Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Th3rdwave to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant Th3rdwave a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

8 User Guidelines

We’ve established a few ground rules for you to follow when using the Service, to make sure Th3rdwave stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

using the Th3rdwave Service to import or copy any local files you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Th3rdwave Service, Content or any part thereof unless permitted by applicable law;
circumventing any technology used by Th3rdwave, or any third party to protect the Content or the Service;
selling, renting, sublicensing or leasing of any part of the Th3rdwave Service or the Content;
manipulating the Services by using a script or other automated process;
providing your password to any other person or using any other person’s username and password;
“crawling” the Th3rdwave Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Th3rdwave;

Please respect Th3rdwave, the owners of the Content, and other users of the Th3rdwave Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

is offensive, abusive, defamatory, pornographic, threatening, or obscene;
includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
is intended to or does harass or bully other users;
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
uses automated means to artificially promote content;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Th3rdwave; links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Th3rdwave;
interferes with or in any way disrupts the Th3rdwave Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Th3rdwave’s computer systems, network, usage rules, or any of Th3rdwave’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or conflicts with the Agreements, as determined by Th3rdwave.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Th3rdwave account. You also agree that Th3rdwave may also reclaim your username for any reason.

Please be thoughtful about how you use the Th3rdwave Service and what you share. The Th3rdwave Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Th3rdwave or across the web, so please use Th3rdwave carefully and be mindful of your account settings. Th3rdwave has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

9 Infringement and reporting User Content

If you believe that any Content does not comply with the User guidelines, please Contact us.

10 Service limitations and modifications

Th3rdwave will make reasonable efforts to keep the Th3rdwave Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Th3rdwave reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Th3rdwave Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Th3rdwave Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Discovery Services that Th3rdwave permanently discontinues prior to the end of the Expiration Date (defined in the Payments, refunds, and expiration), Th3rdwave will refund you the prepaid fees equivalent to the unclaimed Discovery Service. You understand, agree, and accept that Th3rdwave has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Th3rdwave and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

11 Merchant Accounts

If you establish a Th3rdwave account on behalf of a company, organization, entity, or merchant (a “Merchant”, and such account a “Merchant Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable. If you open a Merchant Account, you represent and warrant that you are authorized to grant all permissions provided in the Agreements and to bind the Merchant to the Agreements.

12 Customer Support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please contact our customer service department as indicated in section 25 or the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

13 Payments, refunds, and expiration

Discovery Service can be purchased directly from Th3rdwave only.

When you purchase the Discovery Service, you agree to the mechanic and outcome of the service. Make sure you understand the service before proceeding to payment.

Once you purchase the Discovery service you may change your mind for any or no reason and receive a partial refund of all monies paid within 24 hours of the purchase. If you wish to receive partial refund of the money paid for a Discovery service, you must contact Customer Support. Partial refund will not, however, be provided if you have used partially or entirely the Discovery service. The refund method will depend upon the payment method. Th3rdwave may change the price for the Discovery Service, or Codes from time to time, and will communicate any change to you.

Discovery Service has a duration of 30 weeks from the day of purchase (“Expiration Date”). We’ll provide you with prominent notice by email and through Th3rdwave software application before Expiration Date. All unclaimed service at Expiration Date will automatically be invalid. You are responsible for the entire use of the service and agree to the expiration terms of the Discovery service.

14 Term and expiration

The Agreements will continue to apply to you until terminated by either you or Th3rdwave. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Th3rdwave may terminate the Agreements or suspend your access to the Th3rdwave Service at any time, including in the event of your actual or suspected unauthorized use of the Th3rdwave Service and/or Content, or non-compliance with the Agreements. If you or Th3rdwave terminate the Agreements, or if Th3rdwave suspends your access to the Th3rdwave Service, you agree that Th3rdwave shall have no liability or responsibility to you and Th3rdwave will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Th3rdwave account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

15 Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE Th3rdwave SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Th3rdwave SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Th3rdwave AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Th3rdwave NOR ANY OWNER OF CONTENT WARRANTS THAT THE Th3rdwave SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Th3rdwave MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Th3rdwave SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT Th3rdwave IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE Th3rdwave SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Th3rdwave SHALL CREATE ANY WARRANTY ON BEHALF OF Th3rdwave IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

16 Limitations

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Th3rdwave SERVICE IS TO UNINSTALL ANY Th3rdwave SOFTWARE AND TO STOP USING THE Th3rdwave SERVICE. WHILE Th3rdwave ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Th3rdwave, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Th3rdwave, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE Th3rdwave SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Th3rdwave HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Th3rdwave SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Th3rdwave DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. Nothing in the Agreements removes or limits Th3rdwave’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

17 Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Th3rdwave, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Th3rdwave only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

18 Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Th3rdwave, the Agreements constitute all the terms and conditions agreed upon between you and Th3rdwave and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that other aspects of your use of the Th3rdwave Service may be governed by additional agreements. That could include, for example, access to the Th3rdwave Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Th3rdwave’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

19 Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Th3rdwave or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Th3rdwave’s or the applicable third party beneficiary’s right to do so.

20 Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) shall be governed by and constructed in accordance with the laws of the Province of Quebec.