Effective date: 05/02/2021
Bitback Inc., (“Bitback,” “Company”, “us,” “we,” “our,” ), has created the following terms of service (the “Terms of Service” or “Agreement”) to apply to all users of [bitbackapp.com] (the “Site”), the Bitback mobile application(the “App”), and all digital assets contained or offered therein (collectively, with the Site and App, our “Services”).
1. Accepting the Terms
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.BY ACCESSING OR USING THE SITE, APP OR THE SERVICES FOR YOUR PERSONAL,NON-COMMERCIAL USE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DONOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE, APP OR THE SERVICES. You may not use the Site, App, or the Services, or accept these Terms of Service, if (a) you are not of the legal age of majority under applicable law to form a binding contract with Bitback; or (b) you are prohibited by law from receiving or using the Services.
Bitback may modify, in our sole discretion, any aspect of these Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on the Site and apply to all access to and continued use of our Services. The Terms of Service will always indicate the date it was last revised. You agree to periodically review the Terms ofService in order to be aware of any such changes and when you use the Services after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.
2. Privacy and your Personal Information
3. Description of the Services
Bitback is a loyalty rewards platform that enables merchants, such as online retailers and/or retailers with brick-and-mortar store locations who sell goods and services, to create promotional campaigns that incentivize customer loyalty both online and in-store. Bitback users can discover offers through the Services, activate offers, link a payment method, earn cashback and redeem rewards. Bitback is designed to enable consumers to earn cash back when they shop at participating merchants and redeem cashback and rewards for relevant goods and services.
4. Your Registration Information
In order to use the Services, you will need to sign up for an account with Bitback by providing your phone number and other requested information (the “LoginID”).Once you submit the required registration information, Bitback will determine whether or not to approve your account. We may use the information you provide to verify your identity when you contact us. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not provide the requested information or Bitback cannot verify your identity, we may refuse your use of the Services. For so long as you use the account, you shall ensure that such account information provided by you is true, accurate, current, and complete. Any change in your information should be made promptly by logging into your account and making relevant changes.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID, allows you to access the Services. Your LoginID and password, together with other information you provide form your “Registration Information.” By using the Services, you agree to receive all required notices electronically, either through the Services by displaying links to notices or via notices sent to yourLoginID. It is your responsibility to update or change your LoginID, as appropriate. These communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You must maintain all equipment and services needed for access to and use the Services as well as to pay any related charges. It is also your responsibility to maintain the confidentiality of your account. If you become aware of any unauthorized use of your Registration or AccountInformation for the Services, you agree to notify Bitback immediately at the email address firstname.lastname@example.org. In addition, if you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission has occurred, you must notify Bitback immediately at the email address email@example.com.Bitback will not be liable for any loss or damage caused by or arising from a failure by you to maintain the security of your account and passwords.
5. Account Information from Third PartySites
Users may direct Bitback to retrieve the transaction-related information that is maintained online by third parties with which they have a relationship, maintain an account or engage in financial transactions (“Account Information”),including, without limitation, mobile money account information. Bitback works with one or more partners or online service providers to access this Account Information.
Bitback cannot always foresee or anticipate technical or other difficulties that may result in a failure to obtain data or loss of data, personalization settings or other service interruptions. Bitback is not responsible for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Information may be more up-to-date when obtained directly from the relevant third-party sites. You can update your Account Information through the Services, in the manner prescribed in the Bitback Help Center.
6. Cashback and Bitback Offers
To begin earning cashback and other rewards, you must download the App and follow the enrollment instructions, including signing up using a valid phone number. Once you have downloaded the App and created an account, you may link a valid qualifying mobile money account to your Bitback account in order to be eligible to earn rewards. Bitback reserves the right to determine, in its sole discretion, whether or not a linked mobile money account qualifies to participate and earn cashback. Only individuals who are legal residents in Ghana (the “Territory”), who are at least 18 years old, and who provide valid and accurate personal information when enrolling are eligible to earn cashback and other rewards. Corporations and other legal entities are not eligible. Individuals under the age of 18 are not eligible. Cashback and other rewards are not available to residents outside of the Territory. Bitback Inc. is a Canadian corporation; users located outside of Canada acknowledge that they access the Bitback website and App at their own risk.
By using the Services, you will have the opportunity to earn cashback and other rewards based on actions that you may take or transactions that you may conduct as described in a particular offer (a“Bitback Offer”) made by Bitback, by a Bitback merchant or by another third party via the Site or App. Bitback Offers and rewards may be subject to additional terms, conditions and restrictions that are set by us, a merchant or third party. Such terms, conditions and restrictions may be updated, modified, suspended, or cancelled at any time without notice to you. If there is a conflict between these Terms of Service and the terms and conditions of any Bitback Offer, unless explicitly provided for in these terms, the Bitback Offer terms and conditions will control and prevail. Bitback Offers are non-transferable. Bitback Offers may not be made available to all users.
The applicable merchant determines if you have satisfied the terms and conditions of the applicable Bitback Offer. These Terms of Service only govern your use of the Services and your relationship with Bitback and not any relationship between you and the merchant and Bitback does not control and acts or omissions made by the merchants. If you disagree with a merchant’s decision, you may dispute that issue directly with the merchant but acknowledge and agree that Bitback and its technology partners have no liability to you for such a claim or with respect to any other dispute or interaction between you and the merchant in regards to a Bitback Offer.
Cashback or other rewards are earned as described in a Bitback Offer and when made on an eligible purchase are based on your net purchase amount, which exclude taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and any extended warranties as listed and offered by a merchant. No cashback or other rewards will be earned for any purchases made prior to creating an account with Bitback and linking your applicable mobile money account to your Bitback account. Cashback, rewards, user accounts, and benefits are non-transferrable. You cannot earn additional cashback or other rewards if you redeem a cashback or a reward. Purchases of some categories of products and/or services may not qualify for rewards as determined by Bitback in its sole discretion and as required by law (and notwithstanding any inconsistent terms and conditions contained in a Bitback Offer). Reward amounts may vary by merchant, store and product category and may contain exclusions in the terms of the offer and/or the applicable store page. Please review these terms carefully.
Cashback and other rewards will only be issued for bona-fide completed transactions as described in a Bitback Offer. Unless otherwise expressly stated in a Bitback Offer, each Bitback Offer is limited to one (1) per user/account. You may not set up multiple accounts for yourself, your family members and other affiliates, impersonate or use another person’s account, or use any manual or automated means (for example, a macro, script,‘bot, use of a ‘click farm’, etc.), or engage in any other behaviour or use of our products that is inconsistent with their normal and intended use, to circumvent these restrictions. Separate Bitback accounts cannot be combined and no joint accounts are permitted. If we or a merchant determine that you attempted to earn cashback or other rewards using such methods or any other fraudulent or deceptive means, we reserve the right to cancel any and all of your cashback and rewards, and/or terminate your user account, and/or enforce the terms of this agreement through legal action. We reserve the right to investigate any transaction or activity that we believe, in our sole discretion, is abusing or has abused any Bitback Offer, reward, or other promotion that we or any third party may provide through us.
We do not warrant the accuracy of timeliness of the information displayed via the Site, App or the Services. Descriptions of Bitback Offers may include inaccuracies or typographical or other errors. You agree that neither we nor the merchant/partner(s) are responsible for such errors and that both we and the merchant reserve the right to correct them when they are discovered. We and our merchants/partners reserve the right to cancel all transactions affected by such errors, refund all amounts paid, and cancel all cashback or other rewards associated with such transactions, without any liability to you.
7. Qualifying Transactions
Bitback needs to protect the Service for all users by ensuring that rewards are earned for legitimate consumer transactions. Bitback users are only permitted to earn rewards with Bitback in connection with spending activity for non-commercial, personal and household purposes (the“Qualifying Transactions”). Bitback users are not permitted to earn rewards in connection with spending for commercial purposes (e.g. in connection with a business). Bitback reserves the right to review the accrual of rewards and to determine, in Bitback’s absolute discretion, if certain transactions qualify for Bitback Offers. Bitback may reverse rewards accruals that have already been processed if a transaction is deemed by Bitback, upon review, to not constitute a Qualifying Transaction. Bitback may also disable accounts that engage in repeated non-Qualifying Transaction activity. Not all Qualifying Transactions may be eligible for cashback or other rewards if we are unable to obtain certain transaction information from the mobile money network associated with your Account Information or if we are notable to verify the transaction with the merchant/partner in the case of affiliate sales.
Without limiting any of the other terms of this Agreement, if you return, chargeback, cancel, dispute, or otherwise request a refund for a Qualifying Transaction for which you have already received cashback or other rewards, we will reduce the cashback or rewards balance in your account by the value of the cashback or rewards you received for such transaction. If the cashback or rewards balance in your account is less than the value of cashback or rewards you received for the transaction in question, we will offset the applicable cashback or rewards from the cashback or rewards balance you would otherwise receive for future qualifying actions. It is your responsibility to check your account regularly to ensure that cashback and other rewards have been properly credited and that your account balance is accurate. Should you disagree with any adjustments made to your account, your sole remedy is to immediately cease use of the Services.
8. Redemption of Cashback and Rewards
Cashback and other rewards are valid and redeemable via the App. You may use our App to redeem your balance for the rewards that we make available. You may redeem cashback or other rewards in accordance with such terms and conditions and upon payment of such fees as we may determine at any time. You will be responsible for paying all taxes, fees, and any applicable shipping and handling charges or other fees in relation to cashback and/or other rewards received through the app. Cashback and rewards are not transferable and may not be combined with other promotions or other discounts. Once a reward or cashback has been requested or redeemed by a user, no changes, refunds or return of rewards or cashback is permitted for any reason. Bitback is not responsible for lost or stolen cashback or other rewards. All cashback or other rewards are offered subject to availability and restrictions imposed by the cashback or reward suppliers who may be Bitback, merchants or other partners of Bitback. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any cashback, reward or rewards processing or shipment, or for your rewards or cashback not turning out as you expected for whatever reason. If any Bitback cashback or rewards are believed to have been sold, exchanged, or obtained fraudulently, or issued to someone other than the registered user of the applicable account, those cashback values or rewards will be void and will not be honoured.
You can check your Bitback cashback and rewards balance by logging into your Bitback account on the App. A valid LoginID is required to check your cashback and rewards balance. Bitback will attempt to credit accounts with cashback and other rewards on a timely basis. Bitback Offers may indicate that cashback or rewards will be accrued immediately upon aQualifying Purchase or, on the other hand, after additional requirements are satisfied (for example, after a purchased product refund period has expired or after purchased travel has been completed). Bitback cashback or other rewards will accrue as described in a Bitback Offer, and may take several days to be updated to your account upon such accrual. Any claim for cashback or rewards not credited accurately must be received by Bitback within 30 days of the date on which the user claims the cashback or rewards should have been accrued. Bitback will have no liability for any failure, delay, or error in crediting cashback or other rewards to your account.
9. Account Termination and Cancellation
If your account is terminated or disabled for any reason, including but not limited to, multiple attempts at non-Qualifying Transactions or other fraudulent activity, then your existing Bitback cashback and any other rewards will be forfeited and any further transactions which might otherwise earn you Bitback cashback or other rewards will not be deemed to be applicable.
You may cancel your account and participation in the rewards program by contacting Bitback at firstname.lastname@example.org with such a request. All unredeemed cashback and other rewards will be forfeited immediately upon cancellation and may not be reinstated or transferred.
Bitback may cancel your accumulated cashback and other rewards, suspend your benefits, or cancel your account at any time with immediate effect and without written notice, for any reason and in Bitback’s sole discretion, including in instances where Bitback believes that you have (i) acted in a manner inconsistent with applicable laws or regulations,(ii) failed to pay Bitback or its merchants any amounts due, (iii) acted in an inappropriate, fraudulent, abusive, or hostile manner, (iv) breached or violated any of these Terms of Service, or (v) engaged in any misconduct or wrongdoing in connection with the Services. Nothing contained in these Terms ofService will limit Bitback from exercising any of its legal or equitable rights or remedies.
Whether you may re-enroll in the Services after a termination is at Bitback’s sole discretion. In any event, previously earned cashback and other rewards that were forfeited will not be credited to you upon creation of a new account.
10. Modification and Termination of the Cashback and Rewards Program and Benefits
Bitback may change or terminate the cashback or other rewards program, associated cashback or rewards and other benefits at any time, for any reason and without notice. Bitback may make changes that affect, without limitation, processes, benefits, levels, rules for earning and redeeming cashback or other rewards, cashback and reward redemption levels, rules for the use of cashback and other rewards, availability of cashback or rewards, cashback and reward types, availability of Bitback Offers, and participation in the cashback and other rewards program and program benefits.
Bitback may terminate the cashback or other rewards program with two weeks’ advance notice to all Users. At Bitback’s sole discretion, Bitback may choose to substitute a similar cashback or rewards program at any time immediately upon notice to active users. Users may not accumulate or redeem cashback or rewards or any other benefits after the termination of the program. If the program is terminated, upon termination, all unredeemed cashback or rewards will be forfeited without any obligation or liability, and rewards claims will no longer be honoured. Bitback may terminate the program in whole or in part, in any jurisdiction, on less than two week’s notice if required to do so by applicable law, as determined by Bitback in its reasonable discretion.
By accepting cashback and/or rewards program benefits, offers, rewards, and services, each user acknowledges that he or she is responsible for determining whether he or she is eligible to receive the benefits, offers, rewards, or services under applicable laws, gift policies, and incentive policies. At any time and at Bitback's sole discretion (including where a user was not eligible to earn certain rewards according to these Terms of Service), Bitback may correct the cashback or other rewards credited to a user’s account.
11. Third-Party Links
Some parts of the Services are supported by sponsored links from third party sites and display Bitback Offers that may be custom matched to you based on information stored in the Services, queries made through the Services, or other information.
Bitback may, in connection with Bitback Offers and otherwise, provide links from the Services to other websites belonging to Bitback advertisers and other third parties. If you use these links, you may leave Bitback’s Services. Bitback provides these links to you as a convenience, and we do not verify, make any representations or take responsibility for such third party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such third party sites. Bitback does not endorse or guarantee the products or services available through Bitback Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Bitback is not an agent or broker or otherwise responsible for the activities or policies of those websites. Bitback has no control over the contents of any such third party sites, content, resources or email content and accepts no responsibility for such sites, content, resources or email content or for any loss or damage that may arise from your use of them.
12. Your Use of the Services
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes. If you do not provide true, accurate, current and complete information about your accounts, the accuracy and effectiveness of the Services will be affected and you may not be able to use the Services. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration andAccount Information and other information necessary to facilitate your use of the Services.
Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Bitback, in its sole discretion, may elect to take. In no event will Bitback be liable to you for: (a) any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime, or (b) interruptions in the Services or other website downtime caused by circumstances beyond Bitback’s control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer or telecommunications failures, or delays involving hardware of software not within Bitback’s control or network intrusions
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Bitback to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
13. Fees and Taxes
Bitback does not currently charge fees for access and use of the Services, but reserves the right to charge such fees for the Services at any time. We will notify you before charging any fees for the Services by SMS and/or email, by posting information about such fees on the Site, as applicable, or by any other method permitted by applicable law. If you continue accessing or using the Site, App and/or Services after such notice, you must acknowledge and agree to pay all applicable fees.
You may be taxed on your receipt or redemption of cashback, rewards, and other considerations (merchandise, travel, prizes from a contest, etc.) depending on applicable tax laws. You acknowledge and agree that you are solely responsible for any and all tax liability arising out of your use of the Site, App and Services and any consideration you receive asa result thereof. You are also responsible for making all applicable disclosures to third parties.
Any unspecified expenses related to the enrollment or use of the Services, including without limitation, the cashback or other rewards program, are solely your responsibility. Bitback will not be liable for any tax liability, duty, or other charges in connection with the issuance of rewards or any other Service or rewards program benefits. For clarity, Bitback is solely responsible for taxes assessable against it based on its income, property and employees.
14. User Content
You are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material (the “User Content”) that you submit, upload, post or otherwise make available on or through use of Services. We do not guarantee that you will be able to edit or delete any of the UserContent that you have submitted.
By submitting any User Content through your use of the Services, you accept that:
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;
- Your User Content do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all "moral rights" that you may have in your User Content;
- Any information contained in your User Content is not known by you to be false, inaccurate, or misleading;
- Your User Content does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Content is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Content;
- Your User Content does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your User Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Content does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
We may pre-screen User Content or monitor any area of the Services through which User Content may be submitted. We are not required to host, display, or distribute any User Content on or through the Site, App or Services and may remove at any time or refuse any User Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Content.
15. The Bitback App
Bitback distributes mobile applications that permit you to access Services via the App. To use the App you must have a mobile device that is compatible with the Application. We do not warrant that the Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You acknowledge that we may from time-to-time issue upgraded versions of the App and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms ofService will apply to all such upgrades. The license granted to you by theseTerms of Service to use the Services under these Terms of Service does not grant a sale of the App or any copy thereof to you, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the App(and any copy of the App). Standard carrier data charges may apply to your use of the App and you agree that you are solely responsible for such charges, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. BITBACK MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EXPRESS,STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
16. Online and Mobile Alerts
Bitback may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Bitback may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion. Each alert has different options available, and you may be asked to select from the provided options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Bitback may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. BITBACK SHALL NOT BE LIABLE FOR: (i) ANY DELAYS; (ii) FAILURE TO DELIVER, OR MISDIRECTED DELIVERY OF ANY ALERT; (iii) FOR ANY ERRORS IN THE CONTENT OF AN ALERT; OR (iv)FOR ANY ACTIONS TAKEN OR NOT TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE ON AN ALERT.
Electronic alerts will be sent to the phone number you have provided as your primary phone number for the Services. If your phone number changes, you are responsible for informing us of that change. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts.
17. Intellectual Property Rights
The contents of the Services, including its“look and feel” (e.g., text, graphics, images, logos and button icons),photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under the laws of Canada and the Province of Ontario, and other applicable jurisdictions. Bitback owns and shall retain all right, title, and interest (including without limitation all patent rights, copyrights, trademark rights, trade secret rights and all other intellectual property rights) in and to the Services any copies, corrections, bug fixes, enhancements, modifications or new versions thereof, all of which shall be deemed part of the Services and subject to all of the provisions of these Terms of Service. grants you the right to view and use the Services subject to these Terms of Service. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any other distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site, App or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
As between you and Bitback, all right, title and interest in the User Content and all intellectual property rights therein, belong to and are retained by you. You grant Bitback a royalty- free, perpetual and irrevocable and worldwide right to collect, store, retain, analyze and process User Content relating to you for the purposes of performing our and our merchants’ obligations with respect to the Services and in connection with the provision of the Services to other users.
In addition, we may monitor your use of the Services and use data and information related to such use and User Content in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). You hereby grant Bitback a non-exclusive, transferable, assignable, irrevocable, worldwide, perpetual license to collect and process the Aggregated Statistics and all modifications thereto and derivatives thereof to improve the Services, develop new products and services, to understand usage, and for any other business purpose. ThisAggregated Data is no longer associated with you and is not considered UserContent
The Site, App and Services include registered and unregistered trademarks that belong to Bitback. Other trademarks, names and logos found in the Site, App and Services are the property of their respective owners.
Bitback welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services (collectively, the “Feedback") to Bitback be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Bitback (whether submitted directly to Bitback or posted on any Bitback hosted forum or page), you grant Bitback a fully paid-up, royalty-free, worldwide, assignable, transferable, sub-licenseable, irrevocable, perpetual license to use or implement the Feedback in any other Bitback services, or for any other purposes.
18. Acceptable Use, Access and Interference
Subject to these Terms and Conditions, Bitback permits you to use the Services use of the for personal and non-commercial purposes.Any other use of the Services is prohibited and, therefore, constitutes an unauthorized use under these Terms of Service.
Unauthorized use of the Services may result in violation of various Canadian and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Services or any part thereof in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
- In conjunction with any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Bitback’s express written consent, which may be withheld in Bitback’s sole discretion;
- In conjunction with any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available commercially available web browsers;
- To post or transmit any file which contains viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
- To attempt to translate, modify, decipher, decompile, disassemble, create derivative work based on the software, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of the Services;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To interfere with or disrupt the Services or the servers or networks connected to the Services; or
- To attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.
19. Social Media Sites
20. Disclaimer of Representations
THE SERVICES, INFORMATION, DATA, FEATURES, ANDALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ONAN “AS-IS” AND “AS AVAILABLE” BASIS. BITBACK, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, UNDERTAKINGS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
BITBACK DOES NOT MAKE ANY REPRESENTATIONS,WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NEITHER BITBACK OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS ERROR-FREE OR INTERRUPTED OR ALL COMPUTER PROGRAMMING ERRORS IN THE SERVICES CAN BE FOUND IN ORDER TO BE CORRECTED..
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 20 MAY NOT APPLY TO YOU.
21. Your Indemnification of Bitback
You agree to indemnify and hold harmless Bitback and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to reasonable legal fees, in whole or in part arising out of or attributable to your breach of this Agreement or your use of the Services made or brought against Bitback by a third party alleging that your use of the Services is in violation of these Terms of Service or infringes the intellectual property rights of said third party.
Intellectual Property Infringement Indemnity. Subject to these Terms of Service, Bitback shall defend, indemnify and hold you harmless against any loss, damage or costs (including reasonable legal fees)incurred in connection with claims, demands, suits, or proceedings made or brought against you by a third party alleging that the use of the Services as contemplated hereunder infringes the intellectual property rights of a third party (each an “Infringement Claim”); provided, that you (a)promptly give written notice of the Infringement Claim to Bitback; (b) give Bitback sole control of the defense and settlement of the Infringement Claim(provided that Bitback may not settle or defend any Infringement Claim unless it unconditionally releases you of all liability); and (c) provide to Bitback, at Bitback’s cost, all reasonable assistance and information.
22. Termination of Services
This Agreement will continue to apply until terminated by either you or Bitback as set out below. If you want to terminate your legal agreement with Bitback, you may do so as follows:
To close your account for Bitback, please email email@example.com. Once your account has been deleted, your Bitback cashback and rewards balance will be forfeited and will no longer be accessible.
Bitback may at any time, terminate its legal agreement with you and your access to the Services:
a. if you have breached any provision of thisAgreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
b. if Bitback, in its sole discretion, believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
c. for any reason and at any time with notice to you.
You acknowledge and agree that Bitback may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Bitback shall not be liable to you or any third party for any termination of your access to the Services.
Participation in Services and benefits are offered at the sole discretion of Bitback. Bitback reserves the right, at its sole discretion, to limit, suspend, cancel, discontinue, terminate, change, amend, or modify the cashback or other rewards program, in whole or in part, at any time and without notice to users (including Bitback’s right to suspend cashback or rewards, adjust the amount of cashback or rewards earned for each whole net dollar in purchases made, or modify cashback or reward levels or benefits). Bitback reserves the right to terminate or suspend participation or accumulated cashback or other rewards due to fraud or misuse, breach of these Terms of Service, and for any other reason identified in these Terms of Service. The cashback and other rewards programs are void where prohibited by law.
24. Governing Law
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision, principle or rule or any other jurisdiction) and notwithstanding your domicile, residence or physical location. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention of Contracts for the International Sale of Goods does not apply to these Terms of Service and is hereby expressly excluded.
25. App Store Requirements
If you download any the App designed for use on an Android-powered mobile device, the following terms also apply to you:
- You acknowledge that these Terms of Service are between you and Bitback only, and not with Google, Inc. (“Google”).
- Your use of our App must comply with Google’s then-current Google Play Terms of Service.
- Google is only a provider of the marketplace where you obtained the App. We, and not Google, are solely responsible for our App and the services and content available thereon. Google has no obligation or liability to you with respect to our App or these Terms of Service.
- You acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as they relate to our App.
26. Privacy & DataProtection
27. Contact Us.
If you have any questions about these Terms of Service, the Service, or otherwise need to contact us for any reason, you can reach us by mail: Bitback, Inc., 800-515 Legget Drive, Ottawa, ON K2K 3G4, CANADA, or by email: firstname.lastname@example.org.