Terms of Service

Welcome to Surpriise a one of a kind mobile application downloadable for iOS and Android devices that provides registered users with a fresh and exciting way to surprise friends around town (the "App") . Surpriise is owned and operated by Vouchr Ltd. (operating as "Surpriise","we", "us").

These Terms of Service (the "Terms") constitute a legal agreement between Surpriise and you and applies to all users of the App , and of any other Vouchr tools, resources, or services made available by Surpriise through the App or the website located at www.surpriise.me (the "Services"), ("Users", "you"). If you download the App through Apple Inc.'s App Store or iTunes (the "App Stores") you are subject to the App Stores specific user agreement applicable to that application. Unless otherwise indicated, the use of any Apps made available through the App Store is governed by Apple Inc.'s Licensed Application End User License Agreement, or in the case of Google play, Google's own End User License Agreement. In the event of any inconsistency between these Terms and any license agreement with a third party app provider, the license agreement with the app provider shall govern in relation to the Apps.

We may amend or update these Terms from time to time. Any change to these Terms will become effective on the earlier to occur of: (i) 30 days following the date that notice of the change is posted on the Website or (ii) the date that you click-accept the revised version of the Terms. Any new features that may be added to the Website from time to time will be subject to these Terms, unless stated otherwise.

1. Using Surpriise.

1.1 How it Works. Surpriise acts as a platform to allow registered users to exchange money via third party payment processors such as PayPal ("Processor") with friends in a fun and unique way. Vouchr Users can make surpriises ("Offers") to their contacts through third-party social networking services, including, but not limited to, Facebook and Twitter (collectively, "SNS") whereby the offering User (the "Sender") agrees to pay a monetary award via the Processor or other payment methods selected by Surpriise from time to time to a certain pre-designated number of the Sender's such SNS contacts, contingent upon such contacts (the "Claimer") arriving at a particular, pre-designated location, or otherwise fulfilling conditions set out by Surpriise and/or the applicable User who has created the Offer.

1.2 Limited License. All information, data or other materials contained in the Services belong to us or our licensors and service providers. Subject to Your compliance with these Terms, we grant you: a) a non-exclusive right to access and use the Services solely for your personal, non-commercial entertainment purposes; and b) a non-transferable, non-exclusive, license to download, install and use one copy of the App from Google Play (if you have an Android device) or from the App Store on an iPhone, iPod or iPad device that you own and control for your own use. Apps are licensed to you; not sold.

1.3 Registration. In order to access certain features of the Website and Services and to post any Offers or receive any Offers, you must register to create a Surpriise account. You must register with Surpriise through your account with one of the SNS which are supported by Vouchr. When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. Creating an Account for the first time via an SNS will prompt you to merge your Vouchr and SNS accounts. By creating an Account via your account with an SNS, you are allowing Vouchr to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. If you are not currently a registered Surpriise User and you click to login with an SNS, you will first be asked to enter your SNS credentials and then be given the option to register and join Surpriise. Registered Users can automatically post recent activity back to the applicable SNS. Users also have the option to disable the connection between their Surpriise Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services. If you do this you will not be able to use the Services offered through the App.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Surpriise reserves the right to suspend or terminate your Surpriise account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Surpriise of any unauthorized use of your Account.

1.4 Acceptable Use. You shall not (a) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your own User content) from the Website or the Services, (b) alter or modify any part of the Website, (c) upload, post, email, transmit or otherwise make available through the Services any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable, (d) upload, post, email, transmit or otherwise make available any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; (e) impersonate any person or entity or misrepresent their affiliation with a person or entity; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Services (g) interfere with or disrupt the Services or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (h) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or (i) violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to the Website.

1.5 User Content. Users may upload certain user content, including text and photos (the "User Content"), to the App (either directly or using a third party application, such as Facebook) and make such Content available for viewing by other Users. You agree that you shall not upload, post, email, transmit or otherwise make available:

  1. any material that you do not have a right to make available under any law or under a contractual relationship;

  2. any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy and publicity rights);

  3. any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or

  4. any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Services or that compromises a User's privacy.

1.6 Prohibited Use. Without limiting the foregoing, you shall not:

  1. use our App or Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Website or Services;

  2. use the Servicesto sell products or services or for any commercial purpose whatsoever;

  3. fail to deliver payment offered by you; or

  4. circumvent or manipulate our fee structure, the billing process, or fees owed to Surpriise or the Processor.

1.7 Neighbourhood Sharing. Users can opt-in to "neighbourhood sharing" which is a feature which takes your last seen location and shares it with any of your friends using the Services and those using 3rd party apps. Your exact location is never shared, just the general neighbourhood or part of town you were last seen in. This feature enables your friends to leave an Offer for you in areas they know you go.



2. Termination of Access. Without limiting other remedies, we may limit, suspend or terminate the Services and/or User accounts, prohibit access to our Website and content, Services and tools, delay, suspend, or remove hosted content, including, but not limited to, User Content, and take technical and legal steps to keep Users off the Website if we think that they are in violation of any law, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies, including these Terms. Additionally, we may, at our discretion, suspend or terminate accounts of Users who we deem, in our sole discretion, to have infringed intellectual property rights of third parties. We also reserve the right to modify or discontinue the Website or Services.

3. TERMS RELATING TO THIRD PARTY APP STORE PROVIDERS. IN DOWNLOADING THE APP FROM THE APP STORES, YOU ACKNOWLEDGE AND AGREE THAT APPLE OR GOOGLE PLAY (AS APPLICABLE) (EACH AN ‘APP PROVIDER') HAS NO OBLIGATION WHATSOEVER TO PROVIDE MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO ANY APP. SURPRIISE IS SOLELY RESPONSBILE FOR ANY PRODUCT WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, TO THE EXTENT NOT EFFECTIVELY DISCLAIMED. IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY THE THID PARTY APP STORE PROVIDER, AND THE THIRD PARTY APP STORE PROVIDER WILL REFUND THE PURCHASE PRICE FOR THE APP (IF ANY) TO YOU AND TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE THIRD PARTY APP STORE PROVIDER WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE SURPRIISE'S SOLE RESPONSIBILITY.

4. Fees and Services.

4.1 All Offers are subject to a Surpriise fee (the "Surpriise Fee") in order to cover the cost of providing the Services, the amount of which will be posted or displayed on the in the App at the time of creation of the Offer, as well as the Processor's fees (the "Processing Fee"), calculated in accordance with the processor's transaction fee schedule (as amended by the Processor from time to time). The Processing Fee represents the money transfer fee imposed by the Processor in order to process the transfer of the Offer and becomes payable upon a User claiming the Offer. The total amount of all fees applicable to any Offer will be displayed on the order screen for the applicable Offer.

4.2 Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment, or confirmation of deposits, will result in immediate termination of your account, forfeiture of any Offers to which you are otherwise entitled, and active pursuit of civil litigation and/or referral for criminal prosecution.

4.3 Offers. Unless stated otherwise, all prices are quoted in the currency of the venue where you are located. Surpriise supports many currencies through its Processors and you must have an account in order to initiate an Offer. For a complete list of such currencies, please consult the website(s) of such third-party processors (the applicable payment processor will be indicated to you through the App). If you make a deposit that is denominated in a currency other than US funds, please be aware that the funds may be converted into US dollars by our Processors or your financial institution and you may be charged a service fee for such conversion. Please also be aware that the Processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of Surpriise and we recommend that you contact your financial institution directly for more information.

4.4 The price of the Offer made is payable in full at the time one or more Users "check in" via GPS-enabled mobile device at the location pre-designated in the Offer. Surpriise shall use GPS technology in order to verify, in Surpriise's sole discretion, when an Offer has been completed and to whom the Offer(s) is/are payable. The Offer will be awarded to the first designated of the Users who complete the necessary prerequisites as indicated in the Offer. Offers may be withheld at any time in Surpriise's absolute discretion (eg. Surpriise will exercise this discretion if investigating breaches of these Terms of Service such as inappropriate conduct, content, complaints or fraud). Without limitation of the foregoing, Surpriise may not award Offers if the User is not physically at the required location; if the User is not properly logged in at time of check-in; if the User in any way fails to meet the requirements of the Offer; or if the User includes any unacceptable user content in responding to the Offer. Vouchr shall have no liability to You or anyone for the exercise of such rights. By creating an Offer using the Service, each user grants an irrevocable authority to Surpriise to pay the claimant of the Offer the amount associated with such Offer. Any Offer which is not awarded to a Claimer, the Offer will remain until the User who generated it chooses to delete or remove it from their account.

4.5 We use a Processor in lieu of directly processing your credit card information. By submitting your credit card information, you grant the Processor the right to store and process your information, and you agree that Surpriise will not be responsible for any failures of the third party service to adequately protect such information. All financial matters regarding your information are subject to the conditions of the Processor's terms of service.

4.6 All payment information supplied to the third party payment provider must be valid, authentic and you must be authorized to use the supplied payment method. If the charge is not authorized or accepted, we reserve the right to cancel your Offer and terminate your account without notice and with no further liability or obligation to you.

4.7 Offers are awarded in their entirety, and all federal, provincial, state, and local taxes due in connection with any winnings awarded are the sole liability and responsibility of the User.

4.8 Refunds & Reimbursements. ALL OFFERS AND SURPRIISE FEES ARE NON-REFUNDABLE. We reserve the right to seek reimbursement from a User if we, in our sole discretion provide a refund to another User, if we discover erroneous or duplicate transactions, receive a chargeback from the User's credit card issuer for the User's transaction, or the User otherwise does not act in accordance with these Terms. We may obtain reimbursement of any amounts owed by any User by seeking such reimbursement from the User by any other lawful means, including collections. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting from your Processor account.

5. Dispute Resolution. Surpriise is not responsible for billing disputes arising from Offers. All billing issues should be directed to the applicable Sender, the Processor, or your credit card company, as appropriate. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement.

6. Licenses. Subject to your payment of any applicable fees, Surpriise grants you a non-exclusive, non-transferable, revocable limited license to access, view and use the Website content and the Services (collectively, the "Surpriise Property") solely for your own non-commercial, entertainment purposes. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Surpriise Property. Except as expressly permitted by these Terms, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Surpriise Property, or any portion of the Surpriise Property, is strictly prohibited without the prior written permission of Surpriise.

You agree, and represent and warrant, that your use of the Surpriise Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. If You violate any of these Terms, Surpriise reserves the right to terminate your license without notice.

7. Content

7.1 No False Information. Users shall not provide inaccurate, misleading or false information to Surpriise or to any other User. If information provided to Surpriise or another User subsequently becomes inaccurate, misleading or false, Users shall promptly notify Surpriise of such change.

7.2 Feedback. By submitting ideas, suggestions, documents and/or proposals ("Feedback") to Surpriise via email or through its suggestion, feedback, wiki, forum or similar pages, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) Surpriise is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Surpriise shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; (iv) Surpriise may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from Surpriise under any circumstances.

7.3 Removal & Suspension of User Content. It is our policy to: (i) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our Users; and (ii) remove and discontinue service to repeat offenders. Further information on our copyright infringement policies are set out in Section 11. Surpriise, in its sole discretion, will immediately block the access to any content whose possession or distribution is illegal or violates of the rights of third parties or the terms of these Terms after having been notified of such violation. Surpriise also reserves the right to undertake investigations into possible violations of these Terms by inspecting User content.

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

8.1 THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE AND THROUGH THE SERVICES ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, SURPRIISE DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE AND/OR IN THE SERVICES ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE AND/OR IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE, THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SURPRIISE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SURPRIISE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE OR IN THE SERVICES, AND SURPRIISE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

8.2 Limitation of Liability. You will not hold Surpriise responsible for other Users' Content or actions or inactions, or Offers or Surpriises that they list or accept. Instead, our Services allow anyone to offer Surpriises, at any time, from anywhere, to their existing SNS contacts. We are not involved in the actual transaction between Claimers and Senders. While we may, at our sole discretion, help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of locations or events advertised, the truth or accuracy of User content or Offers, the ability of Senders to fulfill the Offer, the ability of Claimers to actually complete a Surpriise transaction, the accuracy or reliability of mobile devices or GPS technology, or the reliability or quality of our third party payment provider.

8.3 All User Content is made available by third party Senders. You agree that Surpriise is not responsible for examining or evaluating the content or accuracy of Offers and Surpriise does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties and/or Offerors. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Surpriise is not in any way responsible for any such use by you.

8.4 You understand that by using the Services, you may encounter material that you may deem to be offensive, indecent, or objectionable. Nevertheless, you agree to use the Services at your sole risk and Surpriise shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.

8.5 UNDER NO CIRCUMSTANCES SHALL SURPRIISE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE, THE SERVICES OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE OR IN THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE OR IN THE SERVICES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICES, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR IN THE SERVICES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF SURPRIISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8.6 PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. SURPRIISE AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH USING THE SERVICES (INCLUDING GOING TO ANY VENUES AS FURTHER DESCRIBVED IN SECTION 8.8 BELOW) OR COMPLETING ANY SURPRIISE OFFERS. SURPRIISE AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS ASSOCIATED WITH THE OFFERS. USERS PARTICIPATE IN THE SERVICES AT THEIR OWN RISK.

8.7 The Third Party App Store Provider , is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

8.8 Location-Based Services. Through the Services Surpriise provides tools that enable users to access the Services using their mobile device at venues that include, but are not limited to, public spaces or private enterprises (such as coffee shops or retail stores) (the "Surpriise Venues"). Surpriise does not supervise these Surpriise Venues and is not involved in any way with the actions of any individuals at these locations. As a result, Surpriise has no control over the identity or actions of the individuals who are present at the Surpriise Venues, and Surpriise requests that users exercise caution and good judgment when participating in location-based Offers.

8.9. Release. Because Surpriise does not supervise or control Surpriise Venues or interactions among or between Users of the Website and the Services and other persons or companies, and because Surpriise is not involved in any way with physical transportation to or from the Surpriise Venues, with the actions of any individuals at the Surpriise Venues, and because Surpriise does not control Processors, SNS, credit card companies and because Surpriise cannot guarantee the true identity, age, nationality of Website users, and because Surpriise has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website you agree that you bear all risk associated with accessing and using the Website and the Services. You agree to release Surpriise (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Website and/or the Services, your third party transactions, Surpriise's resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Surpriise Venue. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

9. Privacy. We use your information only as described in the Privacy Policy (www.surpriise.me/privacy), which is incorporated herein by reference. If you object to your information being transferred or used in this way please do not use the Services or the Website. Please note that any information provided to or through a third party provider, such as an SNS, while using the Services, shall be subject to any Privacy Policy of the applicable third party provider.

10. Indemnity. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

11. Notice of Copyright Infringement. If you discover any content on the Website or the Services that you believe infringes your copyright, please report this to support@surpriise.me

In order to make a valid claim, please ensure that you include the following information:

  • a statement that you have identified content on Surpriise that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;

  • a description of the copyright work(s) that you claim have been infringed;

  • a description of the content that you claim is infringing and the Surpriise and Surpriise URL(s) where such content can be located;

  • your full name, address and telephone number, a valid email address on which you can be contacted, and your Surpriise user name if you have one;

  • a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;

  • and a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:

  • with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and

  • your electronic or physical signature (which may be a scanned copy). Your notice should be sent to us by email to support@surpriise.me

The foregoing process applies to copyright only. If you discover any content that you believe to be in violation of your trademark or other intellectual property rights, which you believe violates your rights of privacy or publicity, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms or applicable law, please report this to us at support@surpriise.me

12. Advertising. You acknowledge and agree that the Website and/or the Services may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website and/or in the Services, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Surpriise shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and the Services acknowledge that such access may involve third-party fees (such as Internet service provider access or mobile phone data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website and/or the Services.

13. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

14 Notices. For purposes of these Terms, any notices will be sent in writing to support@surpriise.me. For you, notices in writing will be sent to the physical and/or email address provided by you to Surpriise at the time you registered, which may be updated by you from time to time. Alternatively, notices may be displayed on the website and it will be your responsibility to check for any new information from time to time.

15. Applicable Law & Jurisdiction. These Terms and the resolution of any dispute related to these Terms, the Website or the Services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law. Any legal action or proceeding between you and Surpriise related to these Terms shall be brought exclusively in a court of competent jurisdiction venued in the Province of Ontario, Canada.

16. Legal Compliance. By downloading the Apps, you are representing and warranting that you are not: (i) located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting' country; and (ii) listed on any US Government list of prohibited or restricted parties.

17. General. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against any or all breaches of these Terms. the Third Party App Store Provider, its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the Third party App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as third party beneficiary thereof.

These Terms sets forth the entire understanding and Terms between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Applicable Law & Jurisdiction.

Last Updated: June 8, 2016