PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING YOUR TOM CARD YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE YOUR TOM CARD.
These terms and conditions of use apply to your use of the TOM card. By using this card, you represent, warrant and covenant that you are over the age of 14 and lawfully able to accept these terms and conditions of use (the “Terms”). Anyone between the ages of 14 and 18 years old should be using the TOM card under the supervision of a parent or legal guardian, who also agrees to be bound by these Terms. These Terms are a legal agreement between Concept TOM Montréal Inc. (“Time Out Market MTL”) and you (the “Agreement”). Some of the concessionaires at Time Out Market MTL sell alcoholic beverages, so you may be prevented from using the TOM card to buy such products if you are under 18. Your use of the TOM card is subject to all applicable laws.
You may only use your TOM card at the Authorized Concessionaires of Time Out Market MTL and/or at the Time Out Market Bar.. The Authorized Concessionaires are all the concessionaires open and operating at the Time Out Market MTL location, from time to time (collectively, the “Authorized Concessionaires”).
Should you have any general questions about TOM cards, wish to contact us or wish to make a complaint, please speak to a staff member from any Time Out Market Bar at the Time Out Market MTL location (“Time Out Market Bar”).
- Description of TOM card. The TOM card is a stored value, prepaid card that can be used as cash for the payment of goods and services from Authorized Concessionaires of Time Out Market MTL in accordance with this Agreement. The card can be used to pay the full amount of any purchase plus applicable taxes as long as the balance remaining on the card is sufficient at the time of purchase. The card is and will remain the property of Time Out Market MTL. The TOM card is not a credit card, charge card, or debit card and its usage will not enhance or improve your credit rating. No interest, dividends or other earnings or returns will be paid on the card. Neither the TOM card nor the balance is a deposit account. TOM cards may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
- Use of TOM card. You may only use your TOM card at the Authorized Concessionaires located at the Time Out Market MTL location. Each time you use your TOM card to purchase goods or services from Time Out Market MTL’s Authorized Concessionaires, you authorize Time Out Market MTL to debit the amount from the available fund on your card. Hand your TOM card to the cashier at the time of purchase and the TOM card’s balance will be applied to your purchase. For each transaction, the amount of the transaction will be debited from the balance of your TOM card and will reduce such balance. You should ask for a receipt at the time you make the transaction. You should retain the receipt as a record of the transaction. You should treat your TOM card as cash. You are solely responsible for the possession, use and control of your TOM card. You are liable for all transactions arising from the use of your TOM card. Your TOM card cannot be used to obtain cash (over the counter cash) from Time Out Market MTL’s Authorized Concessionaires.
- Personal Information. No personal information will be requested or asked of you for the use of the TOM card.
- Registering Your TOM card. There is no need to register your TOM card. Once bought and activated, you may use it as allowed by this Agreement.
- Activating Your TOM card. Your TOM card has no value until it is activated by a cashier at the time of the purchase. Due to possible limitations of Time Out Market MTL’s systems, please note that funds may not be readily available after loading your TOM card for immediate use.
- Fees. No fee will be charged for activation, transaction service, dormancy or inactivity in connection with your TOM card.
- Load and Reload. You can only spend as much money as you already have loaded on your TOM card. You can load your TOM card with any amounts between $5 and $1,000. The reload of your TOM card may be done anytime within the limits hereof. The total value you may load onto all your TOM cards, together with the value of any new TOM cards that you may purchase, may not exceed $20,000 on any given day. No more than $2,000 will be associated with any TOM card in a single day. Only credit cards or debit cards are accepted as payments for the loading or reloading of your TOM card.
- Expiration of TOM cards. Your TOM card has no expiration date. The remaining balance on your card will remain valid at all times.
- Balance Refund. Your TOM card cannot be redeemed for cash, unless the balance is $5.00 or less. It is your responsibility to request this refund to a staff member from any Time Out Market Bar. There will be no refund or reimbursement of any kind in case of a lost or stolen TOM card nor for any unauthorized card use of a TOM card. There will be no refund or reimbursement of any kind in the event that Time Out Market MTL ceases its activities or becomes dissolved or liquidated.
- Verification of the Balance. It is your responsibility to keep track of the balance remaining on your TOM card. For questions about this Agreement, or to obtain the current balance amount, or to request information on previous transactions made with your TOM card, please ask a staff member from any Time Out Market Bar. Said staff member will inform you of the balance of your TOM card by using its identification number. You must bring your TOM card with you, or have your identification number.
- Lost or Stolen Card / Unauthorized Activities. You must take all reasonable precautions to protect your TOM card against loss, theft, or unauthorized use. If your card has been lost or stolen, or if you have reason to believe that someone has made an unauthorized transaction with your TOM card, or may attempt to use your TOM card without your permission, or has become aware of your TOM card identification number without your permission, you must notify Time Out Market MTL by communicating with a staff member from any Time out Market Bar. Always keep a secure record of your TOM card identification number and your TOM card transactions since the staff member of any Time Out Market Bar will only have access to your account by said identification number. All transactions carried out on your TOM card before you notify Time Out Market MTL shall be deemed to have been authorized by you. Time Out Market MTL may proceed to the cancellation of your TOM card upon request. Time Out Market MTL or any of its affiliates, subsidiaries, branch offices, related persons or representatives (collectively, “Time Out Market MTL’s Affiliates”) will not be responsible for lost or stolen cards or unauthorized activities on your card. No refund will be issued and no reimbursement of the remaining balance will be issued in case of cancellation, unless the balance on your cancelled TOM card is $5.00 or less. If Time Out Market MTL reasonably believes that the use of a TOM card is unauthorized, fraudulent or otherwise unlawful, Time Out Market MTL reserves the right to refuse or to limit the use of such TOM card. The only way to have a valid TOM card is to purchase the TOM Card directly from Time Out Market MTL. You should not share or compromise your TOM card by providing its identification number to anyone else. Consequently, Time Out Market MTL and Time Out Market MTL’s Affiliates has no liability to you for any third party fraud or unlawful activity associated with any TOM card. If Time Out Market MTL suspects or discovers that any TOM card was sourced, derived from fraud or other unlawful means, in its sole discretion, Time Out Market MTL may cancel all affected TOM cards and retain all related TOM card balances without notice to you. Time Out Market MTL may also decline to process a transaction if it suspects it may be illegal, unauthorized, fraudulent, or otherwise not permitted under this Agreement. Funds on your TOM card are not insured by the Canada Deposit Insurance Corporation, nor do they earn interest.
- Disputes and Refunds. If you have a question or a problem about a past transaction (for example: a transaction that appears to be a duplicate transaction) you must notify Time Out Market MTL within sixty (60) days from the date of the said transaction by submitting the question or problem to a staff member from any Time Out Market Bar, or else you will be deemed to have accepted such posted transaction. When making said inquiry, you must have the following information with you: your TOM card identification number, the date of the said transaction and the dollar amount of the said transaction in question. If there is any dispute with regard to purchases you made using your TOM card, you agree to settle such disputes with the Authorized Concessionaire from whom the purchase was made. Time Out Market MTL shall not be held liable for any problems that you may have with any goods or services that you purchase with your TOM card nor with regard to quality, safety, legality, or any other aspect of your purchase. If you are entitled to a refund for any reason for goods and services purchased with TOM card, you agree to accept credits to the balance on your TOM card in place of cash.
- Split Tender Transaction. If you do not have enough funds available on your TOM card to cover the full price of a given transaction, you may request the Authorized Concessionaire with whom the transaction is made to conduct a split tender transaction. In such a case, you will use your TOM card as partial payment for goods and services and then pay the remainder of the amount with another method of payment allowed by Authorized Concessionaires within Time Out Market MTL of (e.g. credit or debit cards).
- Modification of this Agreement. Subject to the limitations of applicable law, Time Out Market MTL may from time to time amend or modify any term or condition of this Agreement or add new terms and conditions.
- Governing law / Jurisdiction. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Québec and the laws of Canada applicable hereto. Subject to Section 19 of this Agreement, you irrevocably agree and submit to the exclusive jurisdiction of the courts of the Province of Québec, Judicial District of Montréal, with respect to any and all disputes and disagreements arising out of or in connection with the use of the TOM card and with this Agreement.
- Entire Agreement / Severability / Construction. This Agreement completely and exclusively states the entire agreement between you and Time Out Market MTL regarding your TOM card. This Agreement supersedes and replaces all prior or contemporaneous understandings, representations, agreements or other communications between you and Time Out Market MTL, whether oral or written, regarding your TOM card. In the event that any provision of this Agreement is found to be invalid, illegal or unenforceable, such provision shall be considered eliminated in this Agreement to the minimum extent necessary so that the validity, legality and enforceability of any and all of the remaining provisions of this Agreement will not, in any way, be affected or impaired, and a valid, legal and enforceable provision of similar intention and economic impact will be substituted therefore. The headings and captions of this Agreement are inserted only for convenience and identification and are in no way intended to define, limit or expand the scope and/or intention of this Agreement.
- Assignment and Waiver. At Time Out Market MTL’s sole discretion, its rights and obligations under this Agreement may be assigned at any time and without any notice to you. Your TOM card and this Agreement cannot be assigned or transferred to another person and your TOM card is not refundable. This Agreement shall remain binding on you and your respective executors, administrators, successors and representatives, should any assignment of this Agreement by Time Out Market MTL to another entity be made.
- Disclaimers and Limits of Liability. Except as is expressly provided otherwise in this Agreement, your TOM card is provided on “as is/where is” basis, without warranty, representation or condition of any kind, and the entire risk as to the results and performance of your TOM card is assumed by you. Time Out Market MTL and Time Out Market MTL’s Affiliates expressly disclaim any liability with regard to access to or use of the TOM card being uninterrupted or error-free. Time Out Market MTL does not represent or warrant that your TOM card shall always be accepted or funds accessible. You agree that Time Out Market MTL and Time Out Market MTL’s Affiliates shall not be liable for any loss, damages or expenses whatsoever, due to: any instruction not being sufficiently clear, any failure due to events beyond Time Out Market MTL reasonable control, any system failure, failure to provide you with accurate information, Time Out Market MTL taking any action required by any governmental, federal or provincial law, regulation or court order, Time Out Market MTL declining an authorization for any particular transaction, regardless of its reason or any breach or violation of this Agreement by you. To the maximum extent permitted by law, you agree to limit any claims for damages against Time Out Market MTL to monetary relief for the actual damages sustained by you as a direct result of any proven failure imputable to Time Out Market MTL, provided that such damages shall not exceed the last balance held on your TOM card at the time the imputed event occurred. Therefore, you undertake not to claim any indirect, special, consequential or punitive damages from Time Out Market MTL and Time Out Market MTL’s Affiliates, exceeding the above limitation. The limitations set forth in this section shall apply to the maximum extent permitted by applicable law, rule and regulation, notwithstanding the failure of the essential purpose of any limited remedies set forth in this Agreement. You acknowledge and agree that you have fully considered the foregoing allocation of risk and find it reasonable, and that the limitations set forth in this section are an essential basis of the Agreement between you and Time Out Market MTL for the provision of goods and services through TOM cards. You acknowledge that by using your TOM card you have no greater risk of loss than the amount you pay to Time Out Market MTL directly.
- Arbitration. As a condition of use of your TOM card, you and Time Out Market MTL both agree that in case a dispute arises from or relates to your TOM card, this Agreement or any breach thereof, and if said dispute cannot be settled through direct discussions with a staff member from any Time Out Market Bar, the dispute shall be settled through a process of arbitration in accordance with the applicable provisions of the Code of Civil Procedure (Québec), excluding any other remedy. The dispute shall be submitted to a single arbitrator mutually appointed by both of you and Time Out Market MTL or if no arbitrator is mutually chosen within seven (7) days, the arbitrator shall be appointed by a Judge of the Superior Court of the District of Montréal at the request of any of you or Time Out Market MTL. The arbitration sessions shall be held in Montréal, Québec. The decision of the arbitrator shall be final and not subject to appeal, except in the event of manifest error, and shall be binding on you and Time Out Market MTL. The arbitrator will have the authority to allocate the costs of the arbitration process at its discretion.
