Last Revised: September 31, 2011
PURCHASE OR USING OUR VIRTUAL PRODUCTS, SERVICES OR Credits, YOU AGREE TO BE BOUND
BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL
OF THESE TERMS, DO NOT PURCHASE OR USE OUR VIRTUAL PRODUCTS, SERVICES OR Credits.
For certain services on Hitch.me you will have to purchase virtual Credits. Your
purchases and uses of Virtual Credits is governed by these Virtual Goods and Credits
your purchase and use of our Virtual Goods and Hitch.me Credits and may be modified
Service. Such changes shall apply to any purchases made after such changes are posted.
will understand the terms applicable to such transaction.
to us at: Attn: Virtual Goods Terms/Hitch.me 13-3120 Rutherford Road Suite #175
VAUGHAN, ON, CANADA L4K0B2.
To purchase any of our virtual products or services, you must be a registered user
of Use). You acknowledge that you are responsible for maintaining the security of,
and restricting access to, your account and password, and you agree to accept responsibility
for all purchases and other activities that occur under your account. We reserve
the right to refuse or cancel orders or terminate accounts at any time in our sole
By submitting an order for our Virtual Goods or Hitch.me Credits through our Services,
you authorize Hitch.me, or its designated payment processors, to charge the account
you specify for the purchase amount. All prices we show on our Services are subject
to change without notice. When you provide your payment information, including any
credit card number, to us or our designated payment processors, you authorize us
or our designated payment processors to store payment information and other related
You will be responsible for any applicable sales or use taxes, duties, or other
governmental taxes or fees payable in connection with your purchase of Virtual Goods
or Hitch.me Credits. If you do not pay such sales or other tax or fees on a transaction,
you will be responsible for such taxes or fees in the event that they are later
determined to be payable on such purchases, and we reserve the right to collect
such taxes or other fees from you at any time.
In our sole discretion, we may offer you the opportunity to obtain and redeem Hitch.me
Credits for use with our Services. We may charge fees for the right to use Hitch.me
Credits, or we may distribute the Hitch.me Credits without charge, each in our sole
discretion. We have no obligation to continue offering any feature or function through
the Services, including any feature or function that enables the use or redemption
of Hitch.me Credits.
Your Hitch.me Credits will be stored in an account for you. The Hitch.me Credits
may be redeemed solely by Hitch.me through our Services, cannot be transferred to
any other user or third party, cannot be redeemed for cash and are non-refundable
except (i) as required by law or (ii) at our sole and absolute discretion. We may
further restrict your ability to redeem your Hitch.me Credits based on your place
of residence. For clarification, although you may buy Hitch.me Credits via mobile
services, the Hitch.me Credits are not redeemable for content or services offered
by any carrier.
While the Hitch.me Credits you purchase do not expire, you acknowledge and agree
that if your account becomes Inactive (as defined below) or is deactivated (as described
below), your Hitch.me Credits will be immediately ceased. For purposes of this Section
4, the term "Inactive" means that, based on our records: (a) for a period of two
(2) years, or more, you have not logged into your Hitch.me account; or (b) we have
been unable to reach you to verify that you intend to continue use of your account.
ability to redeem Hitch.me Credits may be terminated, without any right to refund
or any other compensation for you. When we cancel or terminate access to your Hitch.me
of Use, your right to use your Hitch.me Credits account balance immediately ceases.
Further, we may suspend or otherwise limit your access to your Hitch.me Credits
if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity
associated with your account. When we suspend or limit access to your Hitch.me Credits
account balance, your right to use your Hitch.me Credits account balance immediately
We may limit your use of the Hitch.me Credits service by applying limits to: the
number of Hitch.me Credits you may have credited to your Hitch.me Credits account
balance at one time; the number of Hitch.me Credits you may redeem within a given
time period (for example, one day); the number of promotional Hitch.me Credits you
may obtain in a single event; and other features and uses determined by us in our
If we post Hitch.me Credits to your account for an activity that is subsequently
voided or cancelled or that involves a returned item, then we will remove those
Hitch.me Credits from your account. You must ensure that we properly post your Hitch.me
Credits to your Hitch.me Credits account. If you believe that you have validly acquired
Hitch.me Credits that we have not posted to your Hitch.me Credits account, you must
contact us within one hundred twenty (120) days after the date you claimed to have
acquired those Hitch.me Credits. We may require reasonable documentation to support
While we attempt to be as accurate as possible and eliminate errors associated with
our Services, we do not warrant that any product, service or description, photograph,
pricing or other information is accurate, complete, reliable, current or error-free.
In the event of an error, whether on our Services, in an order confirmation, in
processing an order, delivering a Virtual Good or Hitch.me Credits or otherwise,
we reserve the right to correct such error and revise your order accordingly if
necessary (including charging the correct price) or to cancel the order and provide
you with a merchandise or service credit (including issuing, at our option, Hitch.me
Credits as described above), with a value at least equal to the amount charged to
you. We reserve the right to determine and modify from time to time the exact nature
of any such merchandise or service credit, including conversion into one or more
different types of merchandise or service credits. Your sole remedy in the event
of such error is to cancel your order and obtain a credit as set forth above. To
request a credit please contact us through our Contact Us Page.
You release us from all liability and claims of loss resulting from any error that
you do not report to us within 120 days after the error first occurs. If you do
not tell us within this time, we will not be required to correct the error.
ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE OUR SERVICES, INCLUDING Hitch.me
Credits AND VIRTUAL GOODS, ARE PROVIDED "AS-IS" AND Hitch.me, ON BEHALF OF ITSELF
AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE
CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR
SERVICES. WE DO NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF,
ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES
THAT ARE DOWNLOADED THROUGH OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT
OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Hitch.me OR
ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR
ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR
PURCHASE OR USE OF ANY VIRTUAL GOODS OR Hitch.me Credits, OR OTHER PRODUCTS OR SERVICES,
INCLUDING VIRTUAL GOODS, EVEN IF Hitch.me IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Hitch.me AND ITS LICENSORS’ AND SUPPLIERS' TOTAL CUMULATIVE LIABILITY
IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL
NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS OR SERVICES AND SHALL IN NO EVENT
EXCEED $100. 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,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Hitch.me, its subsidiaries and affiliates, and each
of their directors, officers, managers, agents, contractors, partners and employees
harmless from any loss, liability, claim, damages, costs, expenses or demand, including
reasonable attorney's fees, due to or arising out of your purchase or use of any
Virtual Goods or Hitch.me Credits, or other products or services made available
through Services, any termination or suspension of your account or right to use
regarding the subject matter set forth herein, and supersede all prior and contemporaneous
illegal, void, invalid or unenforceable, such provision will be changed and interpreted
to accomplish the objectives of the provision to the greatest extent possible under
any applicable law and the remaining provisions will continue in full force and
effect. The failure of Hitch.me to exercise or enforce any right or provision in
Other than any entities that Hitch.me owns a 50% or greater interest in, there are
not a party to this agreement shall have any right to enforce any term of these