Terms and Conditions

Effective Date:  February 22, 2010.
Revision:  July 6, 2011.

1.  Conditions of Use
Welcome to www.grooster.com (‘grooster.com'). The services on grooster.com are offered to you by Grooster subject to the following conditions. If you visit or purchase from grooster.com, you accept these conditions. Please read them carefully.  By using grooster.com and the services offered through it, you are bound by these conditions of use and all related policies, conditions and guidelines.  If you do not agree with any of these conditions of use, you may not use grooster.com.

2.  Definitions

  • "Grooster" means Grooster Canada Inc., whose registered office is at 1221 Keith Road, West Vancouver, BC V7T 1N1.
  • "Client(s)" means the third party supplier whose product or services are being offered for sale.
  • "Buyer" means those who purchase a Product and whose name is printed on the Order.
  • "Product" means the Product or services which Grooster endeavors to sell in accordance with these Terms and Conditions.
  • "Contract" means the Order and Order confirmation (including any Special Conditions)
  • "Order" means the Buyer's order for products.
  • “Order Confirmation” means the electronic correspondence indicating that the order has been accepted and processed and a Grooster Pass has been issued.
  • "Grooster.com" means the collection of related web pages, images, videos or other digital assets that are associated with www.grooster.com.
  • "Special Conditions" any terms and conditions in relation to the Product set out and designated as such in the Order Confirmation.
  • "Terms and Conditions" means the standard Terms and Conditions set out in this document.
  • “Grooster Pass” means a certificate of confirmation of an Order.
  • “Your Content” Any posts made by you on grooster.com, including reviews and comments, suggestions, ideas, questions or other information.


3.  Modifications to the Terms and Conditions
Grooster reserves the right to alter, add to, delete, modify or change the Terms and Conditions or the Privacy Policy at any time. We will post any changes of the Terms and Conditions on grooster.com and update the revision date at the beginning of this policy.  You should periodically review the Terms and Conditions to see recent changes. By continuing to access or use grooster.com, you understand and agree to be bound by the Terms and Conditions and any modifications.

4.  Privacy
Please read our Privacy Policy to understand our practices, as it also governs your use of grooster.com.

5.  Basis of Sale
These Terms and Conditions and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.  Any proposed change of these Terms and Conditions or the Special Conditions, as documented herein or on any Grooster Passes, will only bind Grooster if first agreed in writing and signed by an authorized representative of Grooster and the Buyer. Grooster's employees are not authorized to make any representations concerning the Products unless confirmed by an authorized representative of Grooster. In entering into any Contract, the Buyer acknowledges that they do not rely on representations concerning the Products which are not confirmed in an officially authorized manner.

6.  Orders and Specifications
All Products are offered for sale subject to availability and subject to Grooster's acceptance of the order.  Grooster reserves the right to cancel the Buyer's order if, for any reason, the conditions of the Client’s offer are not met or if the Product is unavailable due to unforeseen circumstances.  No order shall be deemed accepted by Grooster unless and until it is unconditionally confirmed by Grooster in writing.

7.  Terms of Sale, Ordering, Payment
Product Description:  
Orders for Products sold are for promotional purposes and are sold to buyers for less than face value.  Orders will be confirmed by printable Grooster Passes.  Grooster attempts to be as accurate as possible when describing products on this site; however, Grooster does not warrant that product descriptions or other content available on grooster.com are accurate, complete, reliable, current, or error-free. If a product offered on grooster.com is not as described, please contact us support@grooster.com.

Terms of Sale

  • Grooster Passes are prepaid obligations for a Client that has agreed with Grooster to honor the Grooster Pass for the full amount. Grooster sells only the Grooster Pass; Grooster is not responsible to ensure any Client will honor any Grooster Pass. The Client is solely responsible for honoring the Grooster Pass.  Buyers shall not make any claim against Grooster in respect of any Grooster Pass that is not honored by the Client.
  • Grooster does not warrant or guarantee that any goods or services provided by Grooster or by any Client will satisfy your requirements, or will be uninterrupted or error free.
  • Neither Grooster nor any Client is responsible for any lost or stolen Grooster Pass.
  • A Grooster Pass is valid only by the Client as stated on the Grooster Pass.
  • Any attempted redemption not consistent with these Terms and Conditions will render a Grooster Pass void.
  • Reproduction, sale or trade of a Grooster Pass is prohibited unless done in compliance with applicable law.
  • Any applicable Special Conditions are listed on grooster.com and printed on the Grooster Pass.
  • Grooster Passes have no cash value.  If the Grooster Pass is redeemed for less than the full amount, you are not entitled to any cash back, credit or replacement Grooster Pass for the remaining value.
  • If the Client is a food and beverage provider, Grooster Passes are valid for dine in only unless otherwise stated.
  • Grooster Passes cannot be used for taxes, tips, prior balances, shipping or handling unless permitted by the Client.
  • Only one Grooster Pass can be used per order unless otherwise specified by the Client.  Grooster Passes cannot be combined with other offers, promotions, coupons, or third party certificates unless otherwise specified by the Client.
  • Grooster is not responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by a participating Client.


Special Conditions

  • The expiration date for each Grooster Pass is specified on the Grooster Pass, and is relevant to the promotional value of the Grooster Pass.  As may be required by applicable laws, a Client may honor the original cash value paid for a Grooster Pass, if the Grooster Pass is presented to the Client after the expiry date.  The Client is solely responsible for maintaining compliance with any statutory limitations regarding expiry dates for Grooster Passes.
  • Any restrictions regarding the timing of redemption are determined by the Client and will be contained in the offer on grooster.com and included on the Grooster Pass.
  • Any restrictions of specific products (specials, alcoholic beverages, etc.) offered by Clients are determined at the sole discretion of the Client and will be contained in the offer on grooster.com and printed on the Grooster Pass.  Clients are responsible for complying with applicable laws that may limit the amount of the Grooster Pass value that can be redeemed for alcoholic beverages.


8.  Cancellation of Order
The Buyer shall have the right to cancel any order for any reason, within 48 hours beginning at the time the Buyer receives the Order confirmation.  Notice of the wish to cancel must be made by leaving it at or posting it to the address of Grooster shown below or by sending it by email to the email address of support@grooster.com. In the case of cancellation under this condition, Grooster shall refund to the Buyer only those sums already paid in respect of the Product in question.

9.  Refunds
All sales are final and refunds are not permitted.  Grooster will not provide any refund if you are not satisfied with the Product provided by a Client, or if you purchase a Grooster Pass for a Client that is no longer in business.  Grooster, in its sole discretion, may choose to refund the purchase price of your order if the Product is unredeemable or is materially different than what was shown on the original Grooster offer.  Contact us at support@grooster.com and we will review any requests for refunds on a case by case basis.  It is the aim of Grooster to ensure the highest level of customer service possible.

10.  Currency
All purchases are charged in Canadian dollars and your credit card will be charged in Canadian Dollars.

11. Governing Law and Jurisdiction
Grooster Headquarters are located in Vancouver, British Columbia, Canada.  This agreement and your use of grooster.com shall be interpreted and governed in accordance with the laws of the Province of British Columbia, Canada.  You agree that jurisdiction over and venue of any legal proceeding directly or indirectly arising out of or relating to grooster.com, shall be held in the provincial or federal courts located in British Columbia, first under the Arbitration Act in the Province of British Columbia, Canada.  In the event that arbitration is sought, the parties hereby agree to share any associated costs subject to the findings of arbitrator.

11.  Miscellaneous

  • If Grooster does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power at a later time. When it does exercise a right or power it may do so again in the same or a different manner. Grooster's rights and remedies under the Terms and Conditions are additional to and not in derogation of, any other rights and remedies it may have at law.
  • Severability: If any term or provision in the agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the agreement in its entirety, and the remainder of this agreement shall survive with the said offending provision eliminated.
  • Website Availability: Because public networks, such as the internet, occasionally experience disruptions, Grooster cannot guarantee its website, grooster.com, will be available 100% of the time. Although Grooster strives to provide the most reliable website possible, interruptions and delays in accessing grooster.com are unavoidable and Grooster disclaims any liability for damages resulting from such problems.
  • License: Grooster grants you a personal, non-exclusive, and non-transferable right to access and use the content on the Grooster.com website. All use must be in accordance with all Grooster Terms and Conditions, including the Privacy Policy. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Grooster, so long as the link does not portray Grooster, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Grooster logo or other proprietary graphic or trademark as part of the link without express written permission from an authorized Grooster representative.
  • Headings: Condition and section headings are for convenience of reference only and shall not affect the interpretation of this agreement.
  • Equipment: User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of grooster.com and all charges related thereto. Grooster shall not be liable for any damage to User's equipment resulting from use of grooster.com.


13.  Third Party Content
In an attempt to provide increased value to our visitors, Grooster may link to sites operated by third parties.  Grooster has no control over the linked third party sites, all of which have separate privacy and data collection practices. This linked sites are for your convenience and you access them at your own risk. Grooster does not endorse or accept responsibility for the content, or the use, of third party sites. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Grooster.

14.  User Registration
In registering for a Grooster member name, you acknowledge and represent that you are an individual who can form legally binding contracts under applicable law. You are responsible for keeping your user name and password confidential and agree to accept responsibility for all activities that occur under your account and password. You further guarantee that the information you supply to grooster.com is accurate. Falsifying or omitting contact information such as a member's name, address, and/or telephone number when registering is not permitted. When using grooster.com you must obey all applicable local, provincial, federal and international laws.

15.  User Conduct
Grooster.com and any site of a Client now or hereinafter contained within or otherwise available through external hyperlinks with Grooster's Site are private property. You may post reviews and comments; or submit suggestions, ideas, questions or other information, on grooster.com, in accordance with with these Terms.  Although Grooster welcomes and encourages you to interact with grooster.com, you shall restrict any and all activity in connection with the use of grooster.com to that which is legal and in no way violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.  Any conduct that in Grooster's exclusive discretion restricts or inhibits any others from using or enjoying grooster.com is strictly prohibited. You shall not use grooster.com to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of others who use grooster.com to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Grooster.
The foregoing provisions of this section apply equally to and are for the benefit of Grooster, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.  

16.  Permission to Use Your Content
Any posts made by you on grooster.com, including reviews and comments, suggestions, ideas, questions or other information, is considered ‘Your Content’. We may use Your Content in a number of ways, including displaying it on grooster.com, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant grooster.com's other users and the users of any Other Media the right to access Your Content in connection with their use of grooster.com and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims or statements made by you and any rights of attribution with respect to Your Content.

17.  Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

18.  Monitoring
Grooster shall have the right, but not the obligation, to monitor the content of grooster.com at all times, to ensure compliance with the Terms and Conditions, and to satisfy any applicable law, regulation or authorized government request. We may remove or reinstate Your Content from time to time at our sole discretion.  We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

19.  User Suspension and/or Termination
Grooster, at its sole discretion, may terminate members for violating any Grooster policy. You agree that breach of any of the Terms and Conditions may result in the immediate termination of your account and/or give rise to civil action against you.

20.  Intellectual Property
Grooster.com is owned and operated by Grooster in Vancouver, Canada. Unless otherwise noted in grooster.com, Grooster owns the copyright with respect to all content on grooster.com. Content includes: text, documentation, graphics, logos, audio clips, video clips, trade marks, software, code, software server information, and anything else hosted on grooster.com.  All rights to our content, services, and server information are reserved. Any modification made to the content of grooster.com by a third party is a violation of Grooster's copyright. Additionally, grooster.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Nothing contained on grooster.com should be construed as granting, by implication, or otherwise, any license or right to use grooster.com or any information displayed on grooster.com, through the use of framing or otherwise, except: as expressly permitted by these Terms and Conditions; or with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on grooster.com.

The Grooster logo, name, and other marks indicated on grooster.com are the subject of applications for trademarks or registered trademarks of Grooster Canada Inc. in Canada and/or other jurisdictions. Grooster's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Grooster. Grooster's trademarks and trade dress may not be used in connection with any product or service that is not Grooster's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Grooster. All other trademarks not owned by Grooster that appear on grooster.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Grooster and are used with the express permission of the respective owners.

Any other content or trademarks that appear on grooster.com are the property of their respective owners and have been included with the owner's express permission.

21.  User Indemnification of Grooster
You agree to indemnify Grooster and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, expenses and liabilities (including attorneys fees) which may arise from your use or misuse of grooster.com, including your submissions, your unauthorized use of material obtained through grooster.com, or your breach of these Terms.  

22. Disclaimer of Warranty; Limitation of Liability
In no event shall Grooster (or its affiliates, licensors and suppliers) be liable concerning the subject matter of these Terms, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise), for any matter beyond its reasonable control, direct or indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill even if Grooster has been advised of the possibility of such damages.

Grooster.com is provided on an "as is" and "as available" basis.  Grooster.com and content are provided without warranties of any kind, express or implied, as to the operation of grooster.com or the information, content, materials, or products included on this Site, including implied warranties of merchantability and fitness for a particular purpose.  Grooster does not warrant that grooster.com, its servers, or e-mail sent from Grooster are free of viruses or other harmful components.  You expressly agree that your use of grooster.com is at your sole risk.

The laws of some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

23.  Clause 11, 15, 16, 17, 19, 20, 21 and 22 do hereby survive termination of this agreement for a period of 24 months.

24.  Questions and Comments
If you have any questions regarding these Terms and Conditions or your use of grooster.com, please contact us at support@grooster.com.