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Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully. This agreement affects your rights.
Ebates Canada, Inc. dba Rakuten Rewards Canada (“Company” or “we”) makes available shopping programs (“Programs”) through www.rakuten.ca and related mobile and software applications (“Company Properties”) under these Terms and Conditions. Company is part of the Rakuten Group, which includes the affiliates and subsidiaries of our parent company, Rakuten Group, Inc., based in Tokyo, Japan.
This Agreement constitutes a legally binding agreement between each individual who enrolls in any of the Programs (“Member”) or otherwise uses any one of the Company Properties. If you are a Member or use any of the Company Properties, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE PARTICIPATION IN AND USE OF THE PROGRAM(S) AND TERMINATE YOUR PROGRAM ACCOUNT IMMEDIATELY.
YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 4 BELOW, TO RESOLVE ANY DISPUTES WITH THE COMPANY, EXCEPT FOR THOSE MATTERS THAT MAY BE TAKEN TO SMALL-CLAIMS COURT IN THE EXCLUSIVE VENUE AS PROVIDED IN SECTION 23.2.
1.1 Company may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. Each such modification will take immediate effect upon notification to you. Company may provide you with notices, including those regarding changes to these Terms and Conditions, by website, email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed.
1.2 Your continued use of the Company Property following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to terminate your Account by accessing your Account’s Privacy Preferences. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions.
2.1 Our Programs are not available to and should not be accessed or used by residents outside of Canada. To become a Member, you must be at least 18 years old and provide your email address and password for Company to create your Program account (“Account”). Each person is limited to one Account. To redeem certain offers and promotions and use services offered by our other Programs, you may elect to provide us additional information. Information that you submit through one of our Programs may be saved and available for your use in our other Programs, including, without limitation, any saved payment card information. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference.
3.1 We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against Company, You agree to try to resolve the dispute informally by submitting your request through our Member Services page. Please be sure to select “Other” under Email Topic in your request. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this form, you or Company may bring a formal proceeding.
4.1 You and Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Company’s business, any of the Programs or the Company Properties, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Company’s employees, agents or any subsidiaries of Company. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in provincial or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
4.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the law of the province or territory in which you reside shall govern the interpretation and enforcement of this agreement to arbitrate.
4.3 CLASS ACTION WAIVER: YOU AND COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor Company can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the Company further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
4.4 To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures (“Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, Company will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. Unless you and company expressly agree otherwise, the arbitration will be conducted in English, in the United States of America (U.S.), in the State of California and County of San Francisco.
4.5 Notwithstanding any provision in this Agreement to the contrary, you agree that if we make any future, material change to this arbitration provision, you may reject any change by sending us written notice within thirty (30) calendar days of the change to Rakuten Rewards Canada, 800 Concar Drive, Suite 175, San Mateo, CA 94402, United States of America, Attn: Legal. Your decision to reject changes in a new arbitration provision, however, does not affect any prior arbitration provisions to which you have already agreed, which would still remain in effect.
4.6 This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to Rakuten Rewards Canada, 800 Concar Drive, Suite 175, San Mateo, CA 94402, United States of America, Attn: Legal within thirty (30) calendar days of enrolling as a Member or accessing a Company Property for the first time.
4.7 Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
5.1 Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Company Properties for your personal use to access the Program(s). You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. Company reserves the right to change, upgrade or discontinue the Program, any Company Property, and any feature of the Program or the Company Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Company or its licensors.
6.1 You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Company Properties; (ii) introduce into the Company Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Company Properties (collectively, “Content”); (iv) access the Program or the Company Properties by expert system, electronic agent, “bot” or other automated means or frame the program or the Company Properties within any applications; (v) use scripts or disguised redirects to derive financial benefit from Company; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Company Property for any reason; (vii) rent, sell or sublicense any of the Company Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access confidential Content through the Company Properties or attempt to circumvent any security, Content protection, or authentication measure associated with the Company Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Company Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Company Properties; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program; (xiv) use the manual or automated software, devices or other processes to "scrape," "crawl," "spider" or index any page of Content from the Company Properties; (xv) attack the Company Properties via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or (xvi) otherwise attempt to interfere with the proper working of the Company Properties.
7.1 Cash Back. We offer the ability for Members to earn cash back (“Cash Back”) on their purchases completed through the Company Properties. Company receives compensation for referring buyers to the retailers, brands, merchants and other partners participating in this Program (“Affiliate Stores”). Company gives a portion of this fee to its Members as Cash Back. Compensation received by Company may play a part in whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in this Program and the opportunity to earn Cash Back are offered at the sole discretion of Company and subject to your compliance with this Agreement.
(a) Online Cash Back. In order to earn Cash Back online, you must register for an Account, be signed in to one of the Company Properties use the shopping links within the Company Properties, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link. If you visit other sites before completing your purchase or use coupons not provided by Company, your purchase might be associated with a service other than Company and you might not earn Cash Back on your purchase. If you disable “cookies” on your computer so that the cookies are not operational when you complete your purchase transaction, you will not be able to earn Cash Back because cookies are used to authenticate the user and verify whose Member Account is eligible for the Cash Back.
(b) In-Store Cash Back. Company may also offer you the opportunity to earn Cash Back on purchases made in store (“In-Store Cash Back”) at certain physical Affiliate Store locations. In order to be eligible for In-Store Cash Back, you must link your payment card to an “in-store” offer (“Card Linked Offer”) and subsequently using such payment card to complete the purchase transaction in accordance with the terms of the Card Linked Offer. The terms of the In-Store Cash Back Terms & Conditions and the terms accompanying each Card Linked Offer will govern how In-Store Cash Back is earned and paid to the extent they vary from this Agreement.
7.2 Browser Extension. Company may make available a browser extension to enhance your Cash Back shopping experience (“Browser Extension”).
(a) Cash Back Shopping. The Browser Extension is made available to enhance your shopping experience with https://www.rakuten.ca by providing you with relevant offers and references displayed on your browser. When you visit certain sites, the Browser Extension may display Cash Back shopping opportunities and prompt you to start your Cash Back shopping session via www.rakuten.ca. The Browser Extension may also alert you of a deal or offer available through www.rakuten.ca with respect to a product or brand appearing in your search results or on other pages you visit across the web, and prompt you to start a shopping session at one of our merchants. If you start a shopping session using the Browser Extension, it will set a cookie (or other similar tracking technologies) on your device through our affiliate network for the purpose of tracking your shopping session and crediting your Cash Back reward — just as if you had begun your shopping experience via any of our links to merchant sites on www.rakuten.ca. Please note, however, that if cookies or other similar tracking devices from other affiliate marketing companies related to that merchant are already present on your computer, the Browser Extension will not automatically overwrite those cookies or shopping session but may still offer you the ability to start a Cash Back shopping session when you arrive at a merchant’s website.
(b) Data Collection and Usage. When you are interacting with the Browser Extension, we will collect information about the coupons, deals, merchants, products, and offers you click on. The Browser Extension also has some functionality that does not depend upon your interaction with it. By installing our Browser Extension, you enable Rakuten to automatically collect information on the pages you visit on your browser so that we can surface relevant offers, such as when Cash Back or better deals are available with our merchants. Our Browser Extension may also collect information on the results pages of any searches you make so it can surface offers and deals where they are relevant (for example, we may display a Cash Back offer within a search engine results page that is related to those search results). We may also collect information about your shopping behavior for internal testing purposes. Information collected by the Browser Extension for these purposes may include date and time of use, browser type, browser version, URLs of web pages visited, general information about the visited web page, product searches, product search results, information about products added to your shopping cart, and other product information. Any data collected by the Browser Extension will be used, stored, and/or disclosed in accordance with the Rakuten Cash Back Button Privacy Notice and our Privacy Policy.
(c) Your Choices. You may turn off all data collection by uninstalling or disabling the Browser Extension.
(d) Updates. We may update the Browser Extension when a new version is released or when new features are added. These updates occur automatically, but we will update these Terms and Conditions and
(e) Third Party Components. Attribution notices for third party software that may be contained in portions of the Browser Extension are available here.
7.3. Gift Card Shop. Company may offer a gift card purchase site (“Gift Card Shop”) to allow you to purchase and/or reload gift cards from participating retailers, merchants, and other partners (“Gift Card Issuers”). Company is not the gift card issuer or merchant of record for any gift card purchases made through the Gift Card Shop and Company shall not have any liability with respect to any gift cards you purchase through the Gift Card Shop. All gift card purchases made through Gift Card Shop are subject to applicable Gift Card Issuer policies, including, without limitation, applicable shipping, privacy, and return policies. Please review all applicable Gift Card Issuer policies and redemption instructions prior to making your purchase. Your use of Gift Card Shop is subject to the Gift Card Shop Program Terms, the Gift Card Shop Terms of Sale, and the Gift Card Shop Privacy Policy, and any other terms accompanying each gift card offer and will govern to the extent they vary from this Agreement. Gift card purchases are subject to daily limits, as determined by Company in its sole discretion.
8.1 CASH BACK IS EARNED ON YOUR NET PURCHASE AMOUNT, WHICH EXCLUDES TAXES, FEES, SHIPPING, GIFT-WRAPPING, DISCOUNTS OR CREDITS, RETURNS OR CANCELLATIONS, AND EXTENDED WARRANTIES. WITH THE EXCEPTION OF PURCHASES OF GIFT CARDS THROUGH THE GIFT CARD SHOP WHICH QUALITY FOR CASH BACK, PURCHASES WITH GIFT CARDS MAY NOT QUALIFY FOR CASH BACK IF EXCLUDED IN THE TERMS OF OFFER BY AN AFFILIATE STORE. CASH BACK AMOUNTS VARY BY AFFILIATE STORE AND PRODUCT CATEGORY AND MAY CONTAIN EXCLUSIONS IN THE TERMS OF THE OFFER AND THE APPLICABLE STORE PAGE. PLEASE REVIEW THESE TERMS CAREFULLY.
9.1 A product purchased from any Affiliate Store, whether online or in store, is governed by and subject to the applicable Affiliate Store policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Company is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance or withdrawal.
10.1 Company periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. To qualify for a sign-up bonus payment, a new Member must be a located in and be a resident of Canada, establish an Active Account, and make minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within ninety (90) days of becoming a Member. An individual person is only eligible for one sign-up bonus. Participation in our Refer-A-Friend Program is subject to our Referral Program Terms.
11.1 Requirements. As a condition of payment of accrued Cash Back or other rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address that you own and are able to receive email; (iii) provide a password to protect your Account; and (iv) provide your physical address. If you elect to receive payment via PayPal, you must provide a valid PayPal email address and not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts. Additionally, you must not be a resident of a country subject to economic or trade sanctions by Canada, the U.S. State Department, or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime, or be a resident outside of Canada. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
11.2 Cash Back Payments. The minimum payment amount for Cash Back and other Cash Back Program rewards is $5.01. Balances below $5.01 remain in your Account for potential payment during the next payment period. Company pays members in Canadian dollars via check, PayPal or other payment options as Company may make available from time to time. Members may select or change their payment options in the account settings through the Company Properties. Company pays its Members accrued Cash Back and Cash Back Program related rewards in accordance with the current payment schedule. Please note that accrual rates vary depending on the Affiliate Store’s policies and reporting schedules. For example, Cash Back for travel-related purchases typically does not accrue until after travel has been completed. Company reserves the right to delay payment for any purchase based on Company’s suspicion or detection of fraud with your Account, the misattribution of your Cash Back rewards by an Affiliate Store, any anomaly’s detected by Company with your account, changes to Affiliate Store policies at any time. Company also reserves the right to modify the payment schedule at any time. Company is not responsible for payments delivered to the wrong address through no fault of Company or for payment errors made by payment partners, like PayPal. If your check expires without being cashed or deposited, or if it is returned uncashed to Company, the payment amount will be returned to your Account, where it may be subject to inactive account maintenance charges described in Section 12.2 below or subject to provincial abandoned property law, unless you take the proper steps to restore your Account to Active status.
Purchases Posted Between | Big Fat Cheque Sent |
---|---|
Jan 1 - Mar 31 | May 15 |
Apr 1 - June 30 | Aug 15 |
July 1 - Sept 30 | Nov 15 |
Oct 1 - Dec 31 | Feb 15 |
11.3 Gift Cards. Periodically, Company may offer gift cards in connection with a promotion or as a redemption option for your Cash Back. Gift cards are subject to the terms and conditions of the gift card issuer and the applicable Affiliate Store policies. Company is not responsible for lost or stolen payments, including gift cards.
11.4 Account Adjustments. In our sole discretion, we may deduct Cash Back from your account to make adjustments for returns and cancellations with respect to Cash Back Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable Company policies and terms, the terms of the Affiliate Store offer and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store qualifies for Cash Back is at the sole discretion of Company. If an Affiliate Store fails to report a transaction to Company or fails to make payment to Company for any reason, Company reserves the right to cancel the Cash Back associated with that transaction. It is your responsibility to check your Account regularly to ensure that Cash Back has been properly credited and paid and that your Account balance is accurate. If you believe that Cash Back has not been correctly credited to your account, you must contact Company Member Services within ninety (90) days of the transaction. In addition, Company may make account adjustments for any Cash Back that Company, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Referral Program Terms, this Agreement or any other applicable law or regulation. Company decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account.
11.5 Taxes. You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, provincial, and local jurisdictions. You will be solely responsible for any tax liability arising out of the consideration received in connection with any member referrals or promotional activities.
12.1 Updating Your Account. You agree to keep your Account information current, complete and accurate by periodically updating the information through the Company Properties. You must be logged into Company and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase and/or earning history at any time via the Company Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and Company is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
12.2 Account Activity. An Active Account means you must have shopped or started a shopping trip via the Company Properties within the past twelve (12) months. Except where prohibited by applicable law, if you have not shopped or started a shopping trip via the Company Properties for more than twelve (12) consecutive months, Company reserves the right to debit your Account balance five dollars ($5.00) per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your Account by shopping or starting a shopping trip via the Company Properties or until your account balance is zero. If your account remains inactive for more than thirty-six (36) consecutive months and the balance in your inactive account is or becomes zero, Company reserves the right to close the Account permanently and cease to maintain your Account records and Program access. Maintenance Fees are nonrefundable, but will not cause your account balance to become negative, and will not cause you to owe money to Company.
12.3 Fraudulent Activity. We reserve the right to investigate any purchase transactions, referral activity, or interaction with any Company Property that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cash Back, bar further Cash Back awards and/or bonuses, and/or terminate any Member Account that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding Cash Back has been credited or making fraudulent referrals by creating multiple Accounts. Multiple Accounts created under the Refer-A-Friend Program with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back or other rewards and bonuses, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cash Back rewards. If Company has any reason to suspect fraudulent activity is associated with your Account, Company reserves the right to delay or withhold payment of Cash Back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. Company decisions are final.
13.1 By signing up to be a Member, you agree to receive communications and notices by electronic mail. Our communications may be account- and membership-related (e.g., that we’ve added money to your account, that a purchase has been made, that we are mailing you a check on a certain date, etc.). If you consent to receive marketing emails, we may send you periodic shopping-related emails that highlight coupons and special deals available to Company Members. We may communicate with you regarding the Program by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you become a Member. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our
14.1 Company may make available software applications (“Company Applications”) to allow you to access our Programs without visiting www.rakuten.ca. For purposes of this Agreement, references to Company Properties shall include Company Applications. Company Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. or Canada has export restrictions, including U.S. or Canada embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or any persons or entities named in the Schedules to the Special Economic Measures (Ukraine) Regulations, SOR/2014-60; Special Economic Measures (Russia) Regulations, SOR/2014-58; or the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations, SOR/2014-44 or any similar regulations. You represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list of export restriction, and that you will otherwise comply with all applicable export control laws.
15.1 Social Sign On. When you access or use the Company Properties, we may make available services from one or more third parties (“Third-Party Platforms”). The Company Properties support Third-Party Platforms, including Facebook and Apple to make it easier for you to sign in or create your Account. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties (“Third-Party Terms”).
16.1 You may be invited to provide us feedback, comments, ideas, suggestions, reviews and other information about our Programs (“Feedback”) through the Company Properties, by our member services or through one of our service providers, like Trustpilot. You hereby grant to Company and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.
17.1 By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Company Properties, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts that violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
18.1 All right, title and interest in the Program, the Company Properties and the Content belong to Company or its licensors. Additionally, Company shall maintain all right, title and interest in the “Rakuten” mark, the “Ebates” mark, the Rakuten logo, the Ebates logo and any other marks, service marks, trademarks or logos of Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company or implies a partnership, sponsorship, or endorsement by Company. You shall not by any means bid on any keywords with any search engine containing “Rakuten,” “Ebates” or anything substantially similar to “Rakuten,” “Ebates,” “Buy.com” or any other Company Mark including, without limitation, Rakuten.com, Rakuten.ca, Ebates.com, Buy.com, BFAds.net or Ebates.ca. You shall not mention or use Company in any ad text, extensions or banner ads without the express written consent of Company. All other trademarks not owned by Company that are used in the Programs are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company.
19.1 You agree to indemnify Company, our Affiliate Stores as well as their respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
20.1 THE PROGRAM, CONTENT AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAMS.
21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.
22.1 This Agreement is effective when accepted by you and will remain in effect until you or we terminate your Account. You may terminate your Account by accessing your Account’s Privacy Preferences. We may terminate this Agreement, your Account, and your use of or access to the Program at any time, for any reason or no reason, including if your Account remains inactive per Section 12.2. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior Cash Back and other rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any Company Property. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Company Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating In the Program by terminating your Account by accessing your Account’s Privacy Preferences. Upon any termination of the Program, your right to use and access the Program, and the Company Properties, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either you or our remedies at law or in equity.
23.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Company and govern your use of the Program or Company Properties superseding any prior agreements between you and Company with respect to the Program or Company Properties (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward Company unless expressly confirmed in writing by Company to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, Company affiliate services, third party content or third party software.
23.2 Choice of Law and Venue. The validity, construction and interpretation of this Agreement and the relationship between You and Company, including the rights and duties of the parties, will be governed by the laws of the province of Ontario and the laws of Canada applicable therein, without regard to any principles of conflicts of laws that would require the application of the laws of another jurisdiction. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in the courts of the United States of America, State of California and County of San Francisco.
23.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
23.4 Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.
23.5 Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Company has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.
Updated: 20 September 2023
This Privacy Policy describes how Ebates Canada, Inc. dba Rakuten Rewards Canada ("we," "us," "our," "Company") collect, use, disclose, and protect information in connection with the Company websites, mobile websites, mobile applications, browser extensions, and any related services that refer or link to this Privacy Policy ("Services"). Company is part of the Rakuten Group, which includes the affiliates and subsidiaries of our parent company, Rakuten Group, Inc., based in Tokyo, Japan.
Sources of Collection
We collect, process, and use information about you when you:
We collect certain information when you submit or provide it to us directly. When you have installed our mobile application or browser extension or when you interact with our Services online, we also automatically collect information about you and your use of the Services through the use of log processes, cookies, location-identifying technologies, and other tracking technologies. Certain information is collected about you from third parties, including when you connect through a third-party service or business partner site or when information is shared by merchants and business partners with whom you’ve also interacted.
Types of Information We May Collect
The types of information we collect about you may include personal information of the following types:
We use information we collect about you for the following business and commercial purposes:
To Provide Our Services and Manage Your Account, including to:
To Personalize and Improve Our Services
We may use information we collect about you to create a profile of your preferences to personalize and tailor Services content so that it is more likely to be of interest to you. For example, we may use your most frequently visited stores or shopping history to display offers for similar stores in relevant parts of the Services or to present special offers that may interest you via our Services, including in-store.
We may also use information we collect about you to identify usage trends and perform statistical analyses to improve our Services, websites, applications, marketing efforts, and the products and services of our business partners we recommend or offer, in order to provide a better service to you in the future.
To Provide You Marketing Information
Subject to your consent where required, Company may use information we collect about you to provide you more personalized offers, special offers, discounts, and/or more relevant offers from our participating merchants via email and other direct communications, and through digital advertising. Subject to your consent where required, we may use your information to directly send you email newsletters, rewards offers, discounts, promotion codes, events and general information about the Services. You can manage these direct marketing communications as provided in Section 4 (Your Choices) below. We may also use your information to advertise to you online, including targeting advertising to you on other websites. You can withdraw your consent of use of your personal information for targeted online advertising as provided in Section 4 (Your Choices) and Section 5 (Your Rights).
To Protect You, Others, and our Business
We may use collected information to assess risk and to investigate and limit fraud, spam, and other malicious online activities in our Services, and to improve our security measures. We may also use collected information to assert our legal rights or to defend our legal rights against third parties.
To Comply With Applicable Laws
We may use information we collect about you to enable us to comply with applicable laws, rules, regulations, and judicial authorities in each geographical region in which we operate.
To Administer Contests, Sweepstakes, Surveys, Polls, and Promotions
From time to time, Company may invite you to enter various contests, sweepstakes, surveys, polls, and promotions. If you choose to participate in a contest or promotion, your personal information may be used to administer the contest, such as to determine your eligibility for the contest or to award a prize. If you choose to participate in a survey or poll, the feedback you submit will be aggregated and deidentified to provide us insight on business and shopping trends. We maintain this information in a deidentified manner and do not attempt to re-identify it.
To Administer Referral Programs
We may offer features that allow you to inform another individual about our Services. If you choose to use our referral features, we will ask for your referral’s email address to send them an electronic communication inviting them to join our Services. We will store this information for the sole purpose of sending this email and tracking the success of our referral program. If you choose to participate in our referral programs, you represent and warrant that you have a personal relationship with your referral and that you are authorized to share their information with Company for the purpose of Company sending a communication to invite them to join the Services. If you believe that one of your contacts has provided us with your personal information through our referral service and you would like to request that it be removed from our database, please contact us through our Member Services page. Please be sure to select “Other” under Email Topic in your request.
We may disclose the below-specified categories of information for our business or commercial purposes, including the following:
Disclosure to Our Service Providers
We may disclose all categories of your collected personal information as necessary with our third-party service providers (which may include Company affiliates) who perform various business operations, solely for our benefit or on our behalf, under our instructions and in compliance with appropriate contractual, technical and organizational security measures to protect your data from unauthorized use, retention, or disclosure. For example, we may partner with other companies to provide you member support services, authentication services, prevent fraud on our Services, process payments, administer our promotions, referral programs, sweepstakes, and surveys, perform analytics, maintain the accuracy of our databases, deliver direct marketing and communications, limit delivery of repetitive or unnecessary marketing or communications, facilitate your gift card purchases, fulfill your product purchases, place and fulfill your takeout orders, and administer your rewards or payments.
Disclosure to Our Business Partners
We work with various types of third-party business partners to offer you our Cash Back shopping Services. We may disclose the following types of information with the following types of Business Partners:
Affiliate Partners
When you click on a link to a merchant site presented on our Services to start your Cash Back shopping, you evidence your intent to interact with that business through our Services, and thereby are directing us to disclose certain information about you (including the link you clicked in our Services and a unique ID assigned to track that your shopping originated from our Services) to an affiliate network to properly account for your purchases with a merchant. For a small number of merchants that do not utilize an affiliate network, this information is provided directly to the merchant. The Affiliate Partner will collect Internet and Network Activity information about your use of our Services in relation to the merchant site, products, or offers. Our Affiliate Partners collect this information to track the shopping trip, but some of them may also use this information to measure performance, contribute it to their own user profiles and/or combine it with information they collect elsewhere, which they may make available for use by their other business clients. In such cases, via the instructions in Section 5, below, we offer our consumers with the ability to withdraw their consent which would signal these Affiliate Partners to not collect or use your information from our Services except as necessary to validate and provide your Cash Back.
Referral Marketing Partners
In order to expand your options to sign up for our Services and start your Cash Back shopping from third-party sites where you learn about our Services, we contract with certain referral marketing business partners to enable that functionality, which may require that we disclose certain data about you to them. For example, if you are referred to our Services from a business partner’s websites, we may provide that partner with information about your sign up to validate the referral and activate your Services account access from the partner’s site. In addition, we may disclose information about whether you have made a purchase with us recently and whether you have installed our mobile app or browser extension so that the partner can personalize their email and site content to you. We provide you with the opportunity to withdraw your consent from our disclosure of your information to these referral marketing business partners via the instructions in Section 5, below.
Financial Partners
For the purposes of providing you additional redemption options for your Cash Back we may disclose your collected information, including Identifiers, to financial business partners, which may include Rakuten Group Companies. If you select to receive points from Scene+ or other alternative methods of receiving your Cash Back, you are directing us to disclose your personal information, as necessary, to the relevant financial partner to facilitate that transaction. We may also disclose personal information about you to our financial partners in order to facilitate their marketing purposes and in some instances for the financial partner to directly send marketing to you. You may withdraw your consent of this disclosure for partner marketing via the instructions in Section 5, below.
Disclosure to Digital Advertising Providers
To provide us with targeted advertising and marketing services, we partner with certain third parties that automatically collect Internet and Network Activity information about your use of the Services, such as your browsing history, IP address, pages viewed, and links clicked, so that they can use this information to serve you ads for our Services on other sites you visit. Some of these third parties may also use this collected information to draw inferences about you for their own purposes or separately collect personal information about your online activities over time and across different websites (in addition to our Services) to help predict your preferences and to display (and enable other third parties to display) ads to you that are more likely to be of interest to you. You have the right to withdraw your consent of our sharing of your information with certain third parties for the purposes of cross-context behavioral or targeted advertising. To exercise this right, you can withdraw your consent via the instructions in Section 5, below. Note that this Privacy Policy covers only our use of data and does not include further use of data by third parties. If you wish to withdraw your consent of interest-based advertising in general, please visit http://www.aboutads.info/choices/ .
Disclosure to Other Rakuten Group Companies
We work closely with our affiliated businesses and companies within the Rakuten Group and disclose your personal information for our internal business administration. Some of our Service Providers and Business Partners to whom we disclose personal information, as described above, may include other Rakuten Group Companies. We may also disclose information in the categories of Identifiers (email address), Commercial Information (product metrics), and Internet and other Network Activity to our affiliates within the Rakuten Group for those corporate affiliates to analyze and monitor usage and trends to improve their services and websites and for strategic planning purposes at the Rakuten Group level. You may withdraw your consent of this disclosure with our affiliated businesses and companies within the Rakuten Group via the instructions in Section 5, below.
Disclosure for Legal Purposes
We may disclose the information we collect, including personal information, to the extent permitted by applicable law, (i) in response to subpoenas or other legal processes or if, in our good faith opinion such disclosure is required or permitted by law without a specific disclosure; (ii) at the request of governmental authorities conducting an investigation; (iii) to enforce our terms and conditions or other policies applicable to our Services; and (iv) to protect the rights, property, life, health, security and safety of Company or any third party.
In Relation to Business Asset Transfers
We may disclose the information we collect, including personal information, to any third party in connection with, or during confidential negotiations of, any proposed or actual merger, purchase, sale (including a liquidation, realization, foreclosure or repossession) or any other type of acquisition of all or any portion of Company assets, conveyance or transfer of all or a portion of our business to another company. In such event, the acquiring company would be contractually required to use your collected information in accordance with this Privacy Policy and applicable law or to provide prior notice to you of any new or materially changed practices.
In addition to the above listed disclosures, we may also disclose aggregated or de-identified information that cannot reasonably be used by recipients to identify you.
Updating Account Information
We encourage you to maintain the accuracy of the information you submit to us. You may provide account updates by logging into your Service account and updating your information in the settings.
Communications Preferences
Email Marketing
We may send you periodic electronic communications and direct mailings when you sign up for an account. If you consented to receiving promotional email communications, you can withdraw your consent of receiving promotional communications from us at any time by following the instructions provided in those communications to unsubscribe or stop them, modifying the settings of your account, or contacting us through the Services. Please note that even if you withdraw your consent of receiving promotional communications, we may continue to send you non-promotional emails and other types of communications, as permitted by law, such as service emails relating to our ongoing business relationship. Service emails contain service-related announcements that affect your account, such as product order confirmations, reward or payment updates, and responses to your comments and feedback submitted to us.
Mobile Application Notifications
When using our mobile application, your preferences for receiving push notifications and other mobile alerts can be configured in the settings of your mobile device.
Data Collection and Sharing Preferences
You may in some cases have the option to decline to provide us with certain information; however, your choice may impact your use of certain features or services for which that information is a necessary component.
Mobile App/Browser Extension
You can prospectively stop all collection of information by our mobile application and/or browser extension by uninstalling our mobile application and/or browser extension. Because the browser extension and mobile application permit data about your online behavior on that device or browser to be collected when installed, even without interaction, they must be uninstalled to withdraw your consent to this data collection. In some instances, you can withdraw your consent of certain data collection by updating your mobile device settings.
You have certain rights in relation to your personal information under applicable laws, subject to certain exceptions.
You have the right to request to know the personal information specific to you that we collected, used, disclosed for a business purpose, and sold or shared for the purposes of cross-context or targeted advertising, including the purposes of use, categories of sources from which we acquired your information and the categories of third parties to whom we disclosed your information. You also have the right to request to access (receive a copy of) the specific pieces of personal information we have collected about you (note that we will not provide any sensitive personal information we may hold in response to this type of request).
You have the right to request that the Company correct any inaccurate or incomplete personal information we have collected from you or maintain about you, subject to certain exceptions. You have the ability to correct information provided by you in your account settings located at https://www.rakuten.ca/member/account-settings once you log in to your account.
As described in Section 3 of this Privacy Policy, we may make certain disclosures of information to our merchant partners, third parties or affiliates in order to provide you rewards and benefits and for our targeted marketing purposes. If you would like to withdraw your consent of having your personal information used or disclosed in this way, please contact us through our Member Services page. Please be sure to select “Other” under Email Topic in your request. Please note that to the extent you withdraw your consent of certain disclosures we may be unable to offer you some of our services which require such disclosures. If you have further questions, you can contact us using the information listed in the “Contact Us” section, below.
To assert your privacy rights please contact us through our Member Services page. Please be sure to select “Other” under Email Topic in your request. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. For any agent making a request on your behalf, we may require you to prove that you authorized this agent to submit a request on your behalf, and we may require you to independently verify your identity or log in to your account to provide the access code.
Notice Regarding Information of Minors
This site and any related services are intended for adults 18 years of age or over as applicable by provincial law, and we do not knowingly collect or sell or share personal information of consumers under 16 years of age without affirmative authorization or without verifiable consent from a parent for those under age 13.
We may retain information about you for as long as it is necessary to fulfill the purposes described in Section 2. Some of your information may be retained in our systems in order to comply with our obligations under applicable law, collect fees owed, resolve disputes, enforce our legal rights, undertake any investigations necessitated by the foregoing, or otherwise use internally in a lawful manner that is reasonably aligned with your reasonable expectations or compatible with the context in which the information was provided.
We have implemented technical and organizational measures to provide a level of security appropriate to the risk to the personal information that we process. These measures are aimed at preserving the ongoing integrity and protecting the confidentiality of personal information. We evaluate these measures on a regular basis to confirm that they continue to maintain and apply an appropriate level of security.
This Privacy Policy is current as of the effective date set forth below. We reserve the right to change this Privacy Policy from time to time consistent with applicable privacy laws and principles and our practices in relation to personal information. If we make changes to this Privacy Policy, we will notify you by revising the date on this Privacy Policy. In the event of a material change, we will provide you with additional notice (such as adding a statement to the homepages of our Services or sending you an email notification).
Rakuten Rewards Canada is responsible for all personal information under our control. Our Privacy Manager is accountable for Rakuten Rewards Canada’s compliance with the principles described here. If you have any questions, concerns or complaints regarding the privacy practices of our organization or would like information on our use of service providers located outside of Canada please feel free to contact us at the following:
Email: privacy@ebates.com
Mail:
Rakuten Rewards Canada
Attn: Legal
800 Concar Drive, Suite 175
San Mateo, CA 94402
USA
Updated: 20 September 2023
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