LAST UPDATED: March ,27, 2022
AGE RESTRICTIONS. IF
YOU ARE UNDER SIXTEEN (16) YEARS OF AGE, YOU ARE PROHIBITED FROM ACCESSING OR
USING THE PLATFORM OR PARTICIPATING IN ANY HUNTS. IF YOU ARE SIXTEEN (16)
MoneyHunter Corp has the right, but not an obligation, to at any time require proof of a person’s age and proof of parental or legal guardian consent to ensure eligibility to participate in a Hunt, or otherwise access or use the Platform.
1.2 NOTICE OF BINDING ARBITRATION; WAIVER OF CLASS ACTION. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 13.1 WHICH PROVIDES THAT YOU AND MONEYHUNTER CORP WILL RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION, UNLESS YOU OPT OUT THROUGH THE MECHANISM PROVIDED IN THESE TERMS OR ARE IN A PROVINCE, STATE, OR COUNTRY IN WHICH THE COURTS WILL NOT PERMIT YOU TO CONSENT TO BINDING ARBITRATION. THIS MEANS THAT, IN THE EVENT OF A DISPUTE WITH MONEYHUNTER CORP, YOU WILL NOT BE ABLE TO HAVE THAT DISPUTE RESOLVED BY A JUDGE OR A JURY. ADDITIONALLY, IN SECTION 13.2 OF THESE TERMS, YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST MONEYHUNTER CORP. PLEASE CAREFULLY READ SECTIONS 13.1 AND 13.2.
1.3 Location. MoneyHunter Corp is a British Columbia corporation.
1.5 Modifications. We reserve the right to amend these Terms and any document referred to herein, or any part thereof, at any time, by posting the amended version on our Platform and providing you notification via the Platform or at the email address linked to your account on the Platform (“Account”). Such amendment will become effective seven days after such notice. If prior to such amendments taking effect you terminate your Account in accordance with section 12.1, such amendments will not apply to you; provided that thereafter you do not access or use the Platform. Your continued use of the Platform after such seven day notice period confirms your consent to and acceptance of such amendment, even if you terminated your Account. The most current version of these Terms will govern your use of the Platform, including without limitation any content made available on the Platform. These Terms may not be amended in any other way except through a written agreement by authorized representatives of each party.
1.7 Location Restrictions. This Platform, including the ability to participate in a Hunt, is only intended for and directed to residents of jurisdictions where offering and use of the Platform is lawful. If you open an Account and/or participate in any Hunt offered on the Platform while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms, and subject to having your Account suspended or terminated and all winnings (if any) voided.
2. THE SITE & SERVICES
2.1 Summary. In a nutshell, the Platform is an online platform that sells skill-based treasure-hunt and brain teaser Hunts (each, a “Hunt”). If you are a user of our Platform (each such user of the Platform, a “User”) and you are eligible, the Platform gives you the ability to purchase Hunts. Multiple Hunts may be operated on our Platform at any given time, but all Hunts are separate from each other. Among other things, this means that your purchase of one Hunt will not earn you purchase of any other Hunts.
2.2 Hunt Participation. In summary, to participate in a Hunt, you must:
(a) register an Account on our Platform;
(c) as posted on the applicable Hunt page, pay the applicable Hunt purchase fee (the “Purchase Fee”).
This summary is subject to the Hunt Rules. For full instructions and rules on how to participate in a Hunt, please read and comply with the Hunt Rules which you can find posted on our Platform.
3.1 Restricted Participation.
(a) Jurisdiction. You are prohibited from participating in a Hunt if you reside in a jurisdiction where participation in the Hunts is unlawful.
(b) Age. You are prohibited from participating in a Hunt if you are under the age of sixteen (16). If you are under the age of majority in your jurisdiction but are sixteen (16) or older you may not participate in a Hunt unless you have received parental or legal guardian consent.
You acknowledge and agree that depending on your age, you may not be eligible to participate in certain Hunts. MoneyHunter Corp reserves the right to set age restrictions and ban or disqualify any person from any Hunt if Money Hunter believes, in their sole and arbitrary discretion, that such person has not met the age threshold restriction for such Hunt. Violation of age restrictions may result in suspension or deletion of your Account.
3.2 Skill-Based Hunts. You acknowledge that the outcome of the Hunts offered on the Platform are related to the number of players participating, and the skill levels of each player participating. MoneyHunter Corp does not comment or have knowledge of the probability of one player winning a Hunt compared to another player, and makes no representations about an individual player's chances of winning.
3.3 Void. Hunts are void where prohibited by applicable law.
4. REGISTRATION OBLIGATIONS
Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify MoneyHunter Corp if you know or suspect that your Account or Credentials have been used by any other person. You shall not use or access an Account which is not your own.
4.2 Registration Data. During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Platform's registration form (such information being the "Registration Data"). You will also maintain and promptly update the Registration Data and your Account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or if MoneyHunter Corp has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, MoneyHunter Corp has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof) by you.
4.3 Credentials. MoneyHunter Corp may act upon any communication that is given through your Account or by using your Credentials. MoneyHunter Corp is not required to verify the actual identity or authority of a person using your Account or Credentials, but MoneyHunter Corp may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if MoneyHunter Corp is not satisfied with the verification. If MoneyHunter Corp, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then MoneyHunter Corp may immediately cancel the Account or Credentials without any notice to you. We may require you to change your Credentials from time to time.
4.4 Suspension or Termination of Account. We may suspend or terminate your Account at any time and for any reason or no reason whatsoever in our sole discretion without notice to you. Without limiting the generality of the foregoing, your breach of these Terms may result in the suspension or termination of your Account.
5. USE OF THE PLATFORM
5.1 Materials. Except with respect to third-party materials, MoneyHunter Corp authorizes you to view, download and print a single copy of materials and content provided on our Platform for your personal, non-commercial use only and only in connection with your use of the Platform. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of the Platform's materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Platform or this Platform’s materials or content without the prior written permission of MoneyHunter Corp is strictly prohibited. MoneyHunter Corp reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and MoneyHunter Corp reserves the right to suspend or terminate your access to any part of this Platform immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of our Platform.
5.2 Lawful Use. You agree that your use this Platform and materials on this Platform will be for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet or participation in Hunts by their residents.
5.3 Restricted Users. Potential users of this Platform or any of its Hunts, in any jurisdiction of the world, whose laws would: (i) void these Terms in whole or in part; or (ii) render accessing this Platform or any of its Contents illegal; are not permitted to use this Platform or participate in any Hunts. You are responsible for ensuring that your participation in a Hunt is compliant with all applicable laws, regulations, by-laws, rules, and orders of your jurisdiction.
5.4 Restrictions. You agree not use this Platform in any manner that:
(a) infringes, violates or misappropriates the intellectual property rights of any third party;
(b) may be considered defamatory, discriminatory, fraudulent, or otherwise malicious or harmful to any person or entity; or
(c) violates applicable law or would constitute a tort.
5.5 Rules. As a condition of your use of the Platform, you agree:
(a) not to use the Platform for any purpose that is prohibited by these Terms;
(b) not to participate in any Hunt if doing so is unlawful under applicable law, or prohibited by these Terms;
(c) not to use the Platform if doing so is unlawful in your jurisdiction;
(d) not to use or access, or attempt to use or access, an Account which is not your own;
(e) not to transfer, assign, or rent out your Account to any other person;
(f) not to falsely state or misrepresent the origin of any User Content (defined below) provided by you;
(g) not to use the Platform or participate in any Hunt if you are below the age of sixteen (16);
(h) not to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
(i) not to use scrapers, indexing tools, or other automated tools for the purposes of data mining or surveying on the Platform;
(j) not to use bots or automated tools on the Platform (for example, you are prohibited from automating entries into Hunts);
(k) not to mirror, frame, or link to any part of the Platform;
(l) not to harvest or otherwise collect, use or disclose personal information about Users, including email addresses, without their prior consent and then only in compliance with applicable data protection and privacy laws;
(m) not to inhibit any person’s use or access of the Platform or impair any element of the Platform or its underlying infrastructure;
(n) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Platform or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(o) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Platform or its content except as permitted by us under these Terms or as expressly provided under applicable law;
(p) not to use the Platform to distribute viruses or malware or other similar harmful software code;
(q) not to represent or suggest that we endorse any other business, person, product, or service unless we have separately agreed to do so in writing;
(r) not to use the Platform to harass, inconvenience, annoy, cause nuisance, occasion violence on any person, or cause property damage;
(s) not to use the Platform to infringe any person’s intellectual property rights, including without limitation copyright, trademark, trade secret, and patent rights, or rights of publicly or privacy;
(t) not to rent out, stream, distribute, lease, publicly perform, publicly display, transmit, broadcast, resell, modify, reproduce, prepare derivative works based upon, or otherwise exploit or commercialize the Platform except as expressly permitted by MoneyHunter Corp;
(u) not to remove any intellectual property or proprietary property notices, including copyright and trademark notices, from the Platform;
(v) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform or in relation to any Hunt; and
(w) to comply with any additional posted guidelines or rules applicable to specific services or features relating to the Platform which may be posted by MoneyHunter Corp from time to time (such additional guidelines or rules are hereby incorporated by reference into these Terms);
5.6 Availability. While we make commercially reasonable efforts to ensure that the Platform is available, we do not represent, warrant or guarantee in any way the Platform’s continued availability at all times or uninterrupted use by you of the Platform. You acknowledge that access and use of the Platform may be subject to bugs, malfunctions, delays, and downtime. You recognize that, due to the nature of the internet and electronic devices, your access and use of the Platform may be inhibited or affected by factors outside of our control. Availability of the Platform is subject to your continued access to sufficient internet and/or data services.
5.7 Accuracy of Content. Although MoneyHunter Corp reserves the right to monitor, edit, review or remove content from the Platform, we do not represent, warrant or promise (whether expressly or by implication) that any content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on the Platform is at your own risk and we may suspend or terminate operation of the Platform at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Platform does not constitute technical, financial, tax, medical or legal advice or any other type of professional advice and should not be relied on for any purposes.
5.8 Responsibility for Expenses. You are solely responsible for all costs, expenses, and liabilities connected to your access and use of the Platform. Without limiting the generality of the foregoing, you are responsible for (a) your internet, wireless, and data costs incurred in connection with your use or access of the Platform, participation in a Hunt; (b) obtaining and maintaining any device or other hardware or software you use to access and use the Platform or any Hunt.
5.9 Limitations. We do not guarantee that the Platform will work on all hardware. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use the Platform, as updated from time to time.
5.11 MoneyHunter Corp Initiated Bans. MoneyHunter Corp may, in MoneyHunter Corp’s sole arbitrary discretion, permanently or temporarily ban any User from any or all Hunts, or the Platform as a whole. In such a circumstance, until the ban is lifted, the banned User is prohibited from purchasing any Hunts from which they have been banned.
6.1 Charges. You acknowledge and agree that your use of certain services on the Platform, such as purchasing a Hunt, may result in charges to you, plus applicable taxes (“Charges”). For example, if you enter a Hunt by paying the Purchase Fee, you will be charged the amount of the Purchase Fee. When you purchase a Hunt with a Purchase Fee, you agree to pay the applicable Charges without delay. Unless otherwise specified, the Purchase Fee must be paid in full and received by MoneyHunter Corp prior to our acceptance of your purchase of a Hunt.
6.2 Payment. By providing a payment method, such as a credit card, that is accepted by us, you represent and warrant that you are authorized to use such payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all applicable Charges. If we, or our third-party payment processor, are unable to verify your payment method, or if it is otherwise invalid or not acceptable, your Hunt purchase may be suspended or cancelled. You remain responsible for any uncollected amounts related to any failure to properly charge your payment method.
6.3 Accurate Information. When incurring a Charge on Platform, you must provide accurate and complete personal information as requested by us, such as your name, address, telephone number, e-mail address, credit card information, and billing and shipping address.
6.4 Payment Processor. We may use third-party payment processors to process your payments. In that case, your payments will be subject to the terms and conditions and privacy policies of such third-party payment processors. These terms and conditions and privacy policies will be made available to you before you pay an Purchase Fee or otherwise incur a Charge on the Platform. We recommend that you read these terms and conditions and privacy policies before paying the Purchase Fee.
7. TRADEMARKS AND COPYRIGHT
7.1 Trademarks. MoneyHunter Corp and related words and logos are trademarks or trade-names of MoneyHunter Corp in Canada and other jurisdictions. MoneyHunter Corp is also the owner in Canada as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Nothing in these Terms or on this Platform will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of MoneyHunter Corp. The names of other companies, products, and services referred to on this Platform may be trademarks or trade-names of their respective owners. Any unauthorized use of the trademarks or trade-names of MoneyHunter Corp or of third parties is strictly prohibited.
All third-party trademarks referred to on the Platform belong to their respective owners.
7.2 Copyright. The materials provided on the Platform including, without limitation, all portions of the Platform, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to MoneyHunter Corp materials remains with MoneyHunter Corp and any unauthorized use of such materials is strictly prohibited. MoneyHunter Corp reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.
7.3 App License. Subject to and conditional on your compliance with these Terms, MoneyHunter Corp hereby grants you a limited non-exclusive, non-sublicensable, non-transferable, revocable license to: (a) access and view the Platform and User Content; and (b) download, install, and use the Application on your mobile device for the limited purpose of facilitating your personal use of the Platform.
7.4 Infringement Reports. As copyright holders ourselves, we respect copyright holders’ rights and will quickly respond to any claims of copyright infringement reported on our Platform. If you find anything on our Platform that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement to us at firstname.lastname@example.org.
8.1 User Content. Portions of this Platform may allow Users to post and exchange information and content (such information and content, "User Content"), such as images, text, audio, video, and ideas for Hunts, but MoneyHunter Corp does not screen, edit or review any User Content before it is posted or transmitted. Subject to these Terms, you retain the copyright and any other rights you already hold in User Content. By submitting or otherwise posting User Content on our Platform, you grant MoneyHunter Corp a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) licence to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, sublicense, create derivative works from, and distribute your User Content, subject to these Terms, without any notice or compensation to you or any other person (the “User Content Licence”). You confirm, represent, and warrant to MoneyHunter Corp that you have all the rights, power, and authority necessary to grant the User Content Licence and that any User Content you submit to us or otherwise post on the Platform is and shall be your own original work or work which you are authorized to supply to us. When you submit or post any User Content on our or through our Platform, and you are the author of such User Content, you irrevocably and unconditionally waive all moral rights you may now or in the future have in any such User Content. Please note that User Content on the Platform does not necessarily reflect the views of MoneyHunter Corp, and MoneyHunter Corp disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Platform.
8.2 Responsibility. You understand that all User Content, whether publicly posted or privately transmitted when posting, sharing, displaying, sending or submitting material using the Platform, is the sole responsibility of the person from whom it originated. This means that you, and not MoneyHunter Corp, are entirely responsible: (i) for all User Content that you upload, post, email, transmit, or otherwise make available via the Platform; and (ii) for ensuring that all User Content is accurate, lawful, and does not include misleading information or infringe or violate anyone’s rights. MoneyHunter Corp does not control the User Content posted via the Platform and, therefore, does not guarantee the accuracy, integrity, or quality of any User Content. You therefore agree that you will not hold MoneyHunter Corp responsible or liable for any inaccuracies or for any errors or omissions in any User Content, or for any loss, injury or damages of any kind incurred as a result of the use of or reliance upon any User Content posted, emailed, transmitted, or otherwise made available via the Platform.
8.3 Removal of Content. You acknowledge that MoneyHunter Corp does not pre-screen, monitor, or modify User Content, but that MoneyHunter Corp has the right (but not the obligation) to refuse, remove, modify, or delete any User Content that is available via the Platform that violates these Terms, or is otherwise objectionable, in our sole and arbitrary discretion. You acknowledge and expressly consent to MoneyHunter Corp accessing, preserving, and disclosing your Account information and User Content if required to do so by law or if in good faith MoneyHunter Corp believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of MoneyHunter Corp, or our affiliates, staff, users, or the public.
8.4 Ownership of Derivative Content. MoneyHunter Corp owns all data, information, materials, works, and content derived or created from User Content (“Derivative Content”). For greater certainty, and without limiting the generality of the foregoing, if you submit an idea for Hunt (an “Idea”) to MoneyHunter Corp through the Platform, and MoneyHunter subsequently incorporates the Idea, or part of the Idea, into a future Hunt (the “Future Hunt”), MoneyHunter Corp will be the sole owner of the data, information, materials, works, and content comprising the Future Hunt, and you will have no right, title, or interest in or to the Future Hunt, or the proceeds thereof, whatsoever.
8.5 Feedback. We value your visit to this Platform and welcome any questions, comments or feedback you might have about this Platform, these Terms, the Hunts or any of the products or services offered by MoneyHunter Corp ("Feedback"). That said, the Platform is not a secure means of communication and any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions. You agree we are free to use your Unwanted Submissions as we see fit without any liability owed to you.
8.6 License to Feedback and Submissions. If you provide Feedback, or Unwanted Submissions, you grant MoneyHunter Corp a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback or Unwanted Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant MoneyHunter Corp the right to use the name you submit with the User Content or Feedback, if any, in connection with MoneyHunter Corp's rights hereunder.
8.7 Third Party Rights Warranty. You represent, warrant, and covenant to MoneyHunter Corp that your User Content, Feedback, and Unwanted Submissions do not violate the privacy rights, intellectual property rights, personality rights, or any other rights, of any person.
9. THIRD PARTY SERVICES AND CONTENT
10.1 Your Representations and Warranties. In addition to and not in derogation of any other representations and warranties you provide to us in these Terms, you represent and warrant to us that:
(a) You are no younger than sixteen (16) years old;
(b) If you are not yet at the age of majority in your jurisdiction, your parents or guardians have authorized your use of the Platform;
(c) All information in your Account, and any other information you provide us (including via a Third-Party Site login), is true, accurate, current, and complete, including, without limitation, your age and residency information;
(d) you are using the Platform in a jurisdiction where access to, and use of, the Platform (or any part thereof) is not prohibited or illegal;
(e) your User Content does not violate the privacy rights, personality rights, intellectual property rights, or any other rights, of any person;
(f) you have all authorizations and licenses necessary to post your User Content on the Platform and to grant us the license thereto;
(g) you understand the contents of these Terms and have had the opportunity to obtain legal advice with respect to these Terms before agreeing to it;
(h) you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your User Content to use his/her name and/or likeness;
(i) you have the capacity and authority to enter into, execute, and perform your obligations under, these Terms;
11. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
11.1 DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOU USE THE PLATFORM (WHICH INCLUDES WITHOUT LIMITATION THE HUNTS) AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THESE TERMS, MONEYHUNTER CORP HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MONEYHUNTER CORP SPECIFICALLY DISCLAIMS ALL IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, MONEYHUNTER CORP MAKES NO WARRANTY OF ANY KIND THAT THE PLATFORM, SERVICES, HUNTS, MONEYHUNTER CORP MATERIALS, CONTENT, USER CONTENT, THIRD-PARTY CONTENT, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, BE ORIGINAL, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRDPARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY MATERIALS. WE CANNOT GUARANTEE THAT THE PLATFORM WILL FUNCTION WITHOUT ERRORS, INTERRUPTION, OR DOWNTIME.
11.2 LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONEYHUNTER CORP OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF MONEYHUNTER CORP, OR MONEYHUNTER CORP’S REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR GREATER CERTAINTY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONEYHUNTER CORP, AND IT’S REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANYTHING WHICH ARISES OR RESULTS FROM:
(b) YOUR INABILITY TO ACCESS OR USE THE PLATFORM DUE TO ANY CAUSE;
(c) ANY HUNT;
(d) ANY TRANSACTION, CONTRACT, RELATIONSHIP OR ENGAGEMENT YOU HAVE WITH ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, OTHER USERS);
(e) ANY SERVICES OR GOODS YOU REQUEST OR RECEIVE THROUGH THE PLATFORM;
(f) YOUR RELIANCE ON CONTENT, THIRD-PARTY CONTENT, USER CONTENT, OR INFORMATION MADE AVAILABLE ON THE PLATFORM;
(g) PRODUCTS OR SERVICES SOLD OR MADE AVAILABLE THROUGH THE PLATFORM;
(h) THE ACTS OR OMISSIONS OF ANY USERS;
(i) ANY ACT YOU MAKE OR FAIL TO MAKE AS A RESULT OF YOUR USE THE PLATFORM; OR
(j) ANY OTHER MATTER RELATING TO THE PLATFORM.
11.4 Security Breach. MoneyHunter Corp strives to keep your personal information, User Content, and Account safe from security breaches; however, we cannot guarantee the safety or security of your personal information, User Content, or Account. BY USING THE PLATFORM OR THE SERVICES, OR PARTICIPATING IN A HUNT, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE MONEYHUNTER CORP AND ITS REPRESENTATIVES FROM ALL AND ANY LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGES SUFFERED BY YOU AS A RESULT OF A SECURITY BREACH, FAILURE, OR SHORTCOMING OF THE PLATFORM. If you believe that a security breach is occurring, or will occur, you must notify us immediately.
11.5 Limitation. Notwithstanding any other provision of these Terms, if applicable law limits or prohibits the application of sections 11.1 to 11.4, then MoneyHunter Corp and it’s Representatives’ liability will be limited and excluded to the maximum extent permissible.
11.6 General Indemnification. You agree to defend, indemnify, and hold harmless MoneyHunter Corp and its Representatives from and against any and all third party claims, proceedings, suits, disputes, demands, threats, actions, obligations, liabilities, costs (including legal and accounting fees), damages, losses, penalties, fees, expenses, and injuries arising or resulting from:
(a) your use of the Platform;
(b) your participation in or ability to participate in a Hunt;
(c) your breach of these Terms;
(d) any violation of any right of, or harm or loss of, any person caused by you;
(e) your violation of any law, regulation, order, or by-law.
MoneyHunter Corp reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of MoneyHunter Corp. You will co-operate as fully as reasonably required in the defense of any indemnified claim.
11.7 Local Laws. You are subject to all laws of the province, state, and/or country in which you reside and from which you access the Platform, and are solely responsible for obeying those laws. You agree MoneyHunter Corp and its affiliates cannot be held liable if laws applicable to you restrict or prohibit your participation. MoneyHunter Corp and its affiliates make no representations or warranties, implicit or explicit, as to your legal right to participate in any Hunt offered on the Platform nor shall any person affiliated, or claiming affiliation, with MoneyHunter Corp and its affiliates have authority to make any such representations or warranties.
MoneyHunter Corp and its affiliates reserve the right, but not the obligation, to monitor the location from which you access the Platform and to block access from any jurisdiction in which participation is illegal or restricted.
11.8 Reliance. You understand and agree that we are making the Platform available to you in reliance upon the limitations and exclusions of liability, indemnities, release, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination, suspension, or cancellation of your Account or suspension or termination of use of, or access to, Platform.
12.1 Termination of Your Account. You may terminate your Account at any time by selecting the “Forget Me” button from the dropdown menu on the Platform. We may terminate your Account if you breach these Terms or for any other reason whatsoever in our sole discretion.
12.2 Effect of Account Termination. If we or you terminate your Account, you will lose access to all information and materials that were stored in your Account. Additionally, you will lose the ability to use certain features of the Platform, including the ability to participate in Hunts. If you are a player in any active Hunt, and your Account has been terminated, you will immediately be disqualified from such Hunt. Although your Account is terminated, we reserve the right to retain information and content associated with your Account for purposes of archive, back-up, audit, and investigation, and also for legal compliance. To completely delete your Account, you must make a specific deletion request to techsupport@MoneyHunterCorp.com Deleting your Account will not release you from any prior obligations incurred hereunder.
12.3 Termination of Platform. MoneyHunter Corp may terminate these Terms or stop providing the Platform to you at any time in its sole discretion.
13.1 Arbitration. If the courts in your province, state, or country will not permit you to consent to binding arbitration, then any legal suit, action, or proceeding arising out of or related to these Terms will be instituted exclusively in the courts of the Province of British Columbia, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Otherwise, you agree that in the event of any dispute between you and MoneyHunter Corp arising out of or relating to these Terms (which includes, without limitation, the Hunt Rules), the Platform, Hunts, or the relationship between MoneyHunter Corp and you, that you and MoneyHunter Corp shall consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both you and MoneyHunter Corp. If you and MoneyHunter Corp do not reach settlement within a period of 60 days, then such dispute shall be referred to and finally resolved by mandatory and binding arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The number of arbitrators shall be set to one unless otherwise required by the Rules. The language of the arbitration will be English. The existence and content of the arbitration proceedings, including documents submitted by the parties, correspondence to and from the British Columbia International Commercial Arbitration Centre, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party (except for professional advisors) without the express written consent from the other party unless: (a) (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; or (b) such disclosure is required by applicable law or court order. Notwithstanding the foregoing, MoneyHunter Corp may seek injunctive or other equitable relief to protect its rights, and for any other purpose, in any court of competent jurisdiction.
You may opt out of the above arbitration clause. If you opt out, then neither you nor we will be able to require the other to participate in arbitration for the purposes of resolving any dispute, claim or controversy between you and MoneyHunter Corp arising out of or relating to these Terms, the Platform, Hunts, or the relationship between MoneyHunter Corp and you. To opt out, you must, within 30 days of accepting these Terms, deliver to MoneyHunter Corp a clear written statement indicating that you wish to opt out of the arbitration provisions in these Terms. The statement must contain: (a) your name; (b) your address; (c) your telephone number; (d) your email address; and (e) your Account name (if any). The opt-out statement must be delivered to the following address:
MoneyHunter Corp Inc.
If you opt out of the arbitration clause in the manner provided above, then, unless the first sentence of this section 13.1 applies to you, you irrevocably agree that the courts of British Columbia will have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or related to these Terms, the Platform, Hunts, or your relationship with MoneyHunter Corp.
13.2 Waiver. You agree to waive any right you may have to commence or participate in any class action against MoneyHunter Corp related to any claim and, where applicable, you also agree to opt out of any class proceedings against MoneyHunter Corp. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to that dispute.
14.1 Survival. Articles and Sections 1.7, 5.7, 5.8, 5.10, and 6 to 14 and all other provisions of these Terms which must survive termination of these Terms to fulfill their purpose will survive termination of these Terms or the termination or deletion of your Account.
14.3 Supplemental Contracts. Notwithstanding section 14.2 of these Terms, your use of the Platform is subject to any other written and duly executed contracts you may have with MoneyHunter Corp (a “Supplemental Contract”). In the case of any conflict between these Terms and a Supplemental Contract, the terms of such Supplemental Contract shall prevail.
14.4 Assignment. We may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These Terms are personal to you and you may not assign these Terms nor your rights, interests, or obligations under these Terms to any person.
14.5 Governing Law. The courts in some countries or provinces will not apply the law of British Columbia to some types of disputes. If you reside in one of those countries or provinces, then where British Columbia law is excluded from applying, your country or province’s laws will apply to such disputes related to these Terms. Otherwise, these Terms are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
14.6 No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. No waiver of a breach of these Terms will constitute a waiver of any other breach of these Terms.
14.7 Waiver & Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. If any provision of these Terms is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction.
14.8 Headings. Headings are for convenience only and shall not affect the interpretation of these Terms.
14.9 Currency. All transactions on the Platform are displayed and charged in Canadian dollars, unless specifically states otherwise. If monetary amounts are expressed in another currency, those amounts will be converted using the applicable exchange rate on the day payment is made.
14.12 Notice. MoneyHunter Corp may give notice to you by email, letter, or SMS to the applicable address or number you provide on your Account or by notice posted on the Platform. You may provide notice to us by email to email@example.com.
14.13 Further Assurance. You agree to provide such further documents or instruments, and take such further actions, reasonably requested by MoneyHunter Corp, to effect the purposes of these Terms and carry out its provisions.
14.14 Force Majeure. In no event will MoneyHunter Corp be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent that such failure or delay is caused by any circumstances beyond MoneyHunter Corp’s reasonable control, including acts of God, flood, fire, public health emergency, earthquake, tsunami, explosion, war, terrorism, invasion, pandemic, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms, national or regional emergency, strikes, labour stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including restrictions passed as a result of a public health emergency, imposing an export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.
Last updated: March 27, 2022
What Personal Information We Collect
Personal information is information about an identifiable individual (“Personal Information”). We collect Personal Information when you voluntarily provide it through our Services, or when you provide it to us through other means. For example, we may collect Personal Information when you:
The Personal Information we collect will depend on the service you request. The Personal Information we collect might include:
When you interact with us or other users of the Services we collect certain information. This information might include:
We also collect information about you from other sources. We obtain this information from sources such as:
How MoneyHunter Corp Collects Information Through Technological Means
When you visit our Website, we may collect information that is automatically sent to us by your web browser. This information may include your domain name, and your numerical IP address. We may also collect other information, such as the type of browser you use, which pages you view, and the files you request. Additionally, we may also collect other technical and system log information from you, such as:
We use this information to improve our understanding of how users use our Services, to improve our Services, and attract more users. We may also use the information collected for our own research and development purposes.
The amount of information that is sent to us by technological means depends on your browser or device and settings you use. Please refer to the instructions provided by your browser or device if you want to learn more about what information it sends to Services you use, or how you may change or restrict this.
Cookies also help to avoid delivering the same advertisements to you too many times and to measure the usefulness of advertisements you have been delivered. Information gathered by Cookies may be shared with third parties, including advertisers. This means that sometimes you’ll see our Services advertised elsewhere on the internet.
Please be aware that if you disable or remove Cookies some parts of our Services will not work and that when you revisit our Services your ability to limit cookies is subject to your browser settings and limitations. You can also find out more information about managing, disabling, and deleting cookies at www.allaboutcookies.org.
Information We Collect Through Google Analytics
Categories of Information we Collect
This section lists the categories of personal information we have collected through our Services in the past 12 months. This list is likely to be overinclusive for any one user of the Services.
How MoneyHunter Corp Uses and Discloses Personal Information
If you win a Hunt, we may publicly disclose on our Website and App and in any other publicity: (a) your username or Linked-Account username; (b) your profile picture or Linked-Account profile picture; (c) your name; (d) your approximate location; and (g) your photo.
We also combine, analyze, process, and store information we collect from you for the purposes of facilitating and improving our Services. We may transfer information we collect from you to third party service providers that assist us with carrying out any of these purposes.
We work with payment services providers to collect payments and disburse funds from and to users of our Services. As a result, we will share your Personal Information and other payment information with third party payment service providers, to the extent necessary to make such payment collections and fund disbursements.
We reserve the right to transfer Personal Information to a third party in the event that we merge with or are acquired by a third party, or as part of the negotiations leading up to such merger or acquisition. We also may disclose your Personal Information for any other purpose permitted by law or to which you consent.
We may also disclose your Personal Information for legal compliance purposes, to cooperate with or carry-out investigations, and in compliance with any court order or subpoena.
We do not sell your Personal Information for monetary or other consideration.
How Personal Information is Transferred Internationally
MoneyHunter Corp is headquartered in Canada. If you are located outside Canada, your information is collected in your country and then transferred to Canada— or to another country in which we (or our affiliates or service providers) operate.
If we transfer your data out of the European Economic Area (E.E.A.), we implement at least one of the three following safeguards:
In certain situations, the courts, law enforcement agencies, regulatory agencies or security authorities in those countries might be entitled to access your personal information.
How We Protect Personal Information
The security of your Personal Information is important to us. We protect your Personal Information by maintaining administrative, physical, and technological safeguards appropriate to the sensitivity of such Personal Information. Personal Information may only be accessed by persons within our organization who require such access to provide you with the services indicated above. We also use encryption of your data to keep your Personal Information secure.
We retain Personal Information that we collect only as long as necessary for the purposes for which it was collected or to meet legal requirements. We destroy Personal Information when it is no longer needed.
Third Party Collection of Information
Do Not Track
Do Not Track is a privacy option that people can set in certain web browsers. Do Not Track is a way for individuals to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or other online services. However, we do not recognize or respond to Do Not Track requests, and we have no special monitoring services to identify which browsers are using Do Not Track options and which do not.
THE SERVICES ARE NOT AIMED AT INDIVIDUALS UNDER 16. IF YOU ARE UNDER 16 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS OUR SERVICES AT ANY TIME OR IN ANY MANNER.
We do not knowingly collect or maintain personal information from people under 16 years old. If we learn that personal information of people under 16 years old has been collected on or through our Services, we will take appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 16 years old who uses our Services, then please contact us at the address below to have your child’s account terminated and personal information deleted.
Rights of Access, Deletion, and Updates to Personal Information
In some parts of the world, you have the right to:
You have the right to object to the processing of your Personal Information, unless we demonstrate compelling legitimate grounds for the processing of, or the keeping of, your Personal Information for the establishment, exercise or defense of legal claims.
If you’d like to exercise any of the above rights, contact us via email at firstname.lastname@example.org. In your request, please be specific. State the information you want changed, whether you’d like your information suppressed from our database or whether there are limitations you’d like us to put on how we use your Personal Information. Please use the email address linked to your account. To verify your identity, we will request that you provide a copy of your government-issued identification via email, the name on which must match the name that is associated with your account. In some instances we may also ask for additional information. This is how we verify your identity before complying.
You can designate an authorized agent to make a request on your behalf. In order to do that, please provide the agent with written permission, signed by you, authorizing the agent to submit the request on your behalf. The agent must submit that written permission along with the request. We will contact you to verify your identity — and the authorized agent’s permission — before a response to the request is sent.
We will respond to your request in a manner consistent with applicable law.
We might need to keep certain information for recordkeeping purposes, or to complete a transaction you began prior to requesting a change or deletion (e.g., if you purchased a Hunt prior to the request, you might not be able to change or delete the Personal Information provided until after the completion of that Hunt).
In some cases, your request does not ensure complete removal of the content or information.
How to Contact Us
Right to Request Accessible Alternative Format
Right to Non-discrimination