TERMS AND CONDITIONS
1416607 Canada Inc. dba Telco Rewards (“Telco Rewards”) makes available a cashback reward program (“Program”) through www.telcorewards.ca (the “Platform”) pursuant to these terms and conditions (“Terms”). These Terms constitute a legally binding agreement between each individual who enrolls in or benefits from any of the programs or otherwise uses the platform (“member”, “beneficiary” or “recipient”). If you do not agree to these Terms, discontinue use of the programs and terminate your membership immediately.
Telco Rewards may modify, update, add to, discontinue, remove or otherwise change these Terms at any time. Each modification will take immediate effect upon notification to you, or upon the date set out in such notification if any. Telco Rewards may provide you with notices, including those regarding changes to these Terms, by email or other reasonable means now known or hereinafter developed.
Your continued use of the Platform following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms. The most current version of these Terms will be available on our website and supersedes previous versions.
ACCOUNT
To become a member, you must be at least 18 years old and provide an email address, Canadian mobile phone telephone number and password to create your Program account (“Account”). Each person is limited to one Account. Information collected from you shall be subject to our Privacy Policy, which is incorporated by reference.
You agree to keep your Account information current, complete and accurate by periodically updating the information through the Platform. You must be logged into Telco Rewards and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase or earning history via the Platform. 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 Telco Rewards 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 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.
An Active Account means you must have engaged in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped or started shopping via the Platform, (iii) have accrued Cashback Rewards, or (iv) performed a Transaction. All Telco Rewards in an inactive Account are forfeited. Unless otherwise permitted by Telco Rewards, in its sole discretion, your Account becomes inactive if you have not accumulated or redeemed Telco Rewards for twelve (12) consecutive months. If an Account is inactive for three (3) consecutive years, we reserve the right to terminate or close your Telco Rewards Account.
PROGRAM
We offer the ability for members to earn merchant-funded cashback rewards to be deducted from their prepaid mobile phone bill (“Cashback Rewards”) Telco Rewards receives compensation for referring buyers to the retailers, brands, merchants, telecoms and other partners participating in this Program (“Affiliate Stores”). Participation in this Program and the opportunity to earn Cashback Rewards are offered at the sole discretion of Telco Rewards and are subject to your compliance with these Terms.
To earn Cashback Rewards, you must register an Account, be signed in to the Platform and use the shopping links where a user is referred to offers at retail partners within the Platform and complete your purchase transaction during the same shopping session you started after clicking on the shopping link. If a purchase is completed, then Cashback Rewards are awarded and stored in a virtual wallet on the Platform. Similarly, you can earn cashback rewards when you purchase a Top-Up PIN (as defined below) from Telco Rewards.
The Platform allows for the purchase of pre-paid mobile telephone plan credits from a Third-Party (“Top-Up PIN”). A "Third-Party" is a seller of Top-Up PINs through Telco Rewards or another entity that receives a bill payment from a member through the Platform. A "Transaction" is a specific instruction to send a Top-Up PIN. The "Transaction Amount" is the amount that the member provides to us to send the Transaction, excluding applicable fees, such as the Transaction fee or stated Third-Party fees.
AFFILIATE STORES
A product purchased from any Affiliate Store is governed by and subject to the applicable Affiliate Store policies, including applicable exchange and shipping policies and items excluded from rewards. 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. Telco Rewards 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 Cashback Rewards caused by such changes, discontinuance, or withdrawal.
CASHBACK REWARDS
As a condition of redemption of accrued Cashback Rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address and mobile phone telephone number at which you are able to receive text messages; and (iii) provide a password to protect your Account.
In our sole discretion, we may deduct Cashback Rewards from your account to adjust for returns and cancellations with respect to Cashback Rewards Program purchases. Any such adjustments will be made in accordance with these Terms, any applicable Telco Rewards 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 Cashback Rewards is at the sole discretion of Telco Rewards. If an Affiliate Store fails to report a Transaction to Telco Rewards or fails to make payment to Telco Rewards for any reason, Telco Rewards reserves the right to cancel the Cashback Rewards associated with that Transaction. It is your responsibility to check your Account regularly to ensure that Cashback Rewards has been properly credited and paid and that your Account balance is accurate. If you believe that Cashback Rewards has not been correctly credited to your account, you must contact Telco Rewards member services within ninety (90) days of the Transaction. In addition, Telco Rewards may make account adjustments for any Cashback Rewards that Telco Rewards, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms or any other applicable law or regulation. Telco Rewards decisions are final. If you disagree with any adjustments made to your account or payments made, your sole remedy is to withdraw from the Program.
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 sweepstake) depending on the tax laws of federal, provincial, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any member referrals or promotional activities.
You may only redeem Cashback Rewards listed in the buy Top-Up PIN section of the Platform. To redeem cashback rewards, select a Top-Up PIN from the ecommerce catalog provided, and under ‘Apply cashback’ (Appliquez vos remises) apply your rewards to deduct from your Top-Up PIN purchase price. The application of Cashback Rewards is carried out directly by us. We generally apply the Cashback Rewards within 24 hours, however, we shall not be liable for any delay. You can access the redemption process in the Buy Top-Up PIN (Acheter des NIPS) section of the Platform. We reserve the right to modify the values and number of Cashback Rewards required for redemption of the Cashback Rewards at any time for any reason. We are the supplier of the Cashback Rewards, and any issue you may have with the Cashback Rewards or the redemption process should be addressed to us at admin@telcorewards.ca. We are not responsible for the actions of the mobile providers in their administration or acceptance of Cashback Rewards.
Cashback Rewards can be used as soon as they are reflected in your Account balance or may be accrued over time for later use prior to expiration or forfeiture, or termination of the Platform. Some Cashback Rewards may require additional time before they can be fulfilled. Cashback Rewards are not your property and have no cash value whatsoever and may only be redeemed on the Platform. Cashback Rewards cannot be sold, transferred, or assigned. Cashback Rewards may be revoked at any time by us per these Terms. All redemptions of Cashback Rewards are final. Once you have applied a particular Cashback Reward in accordance with these Terms you shall not be able to claim any refund or exchange regarding the redeemed Cashback Rewards. Restrictions may apply to certain Cashback Rewards. Merchants and mobile providers participating on the Platform are subject to change at any time. You are responsible for the payment of any applicable taxes that may result from Cashback Rewards.
We reserve the right to investigate any purchase transactions, referral activity, or interaction with any Platform that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cashback Rewards, bar further Cashback Rewards awards 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 Cashback Rewards has been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with these Terms, any fraud or abuse relating to the accrual or receipt of Cashback Rewards or other rewards, or any misrepresentation of any information furnished to Telco Rewards by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cashback Rewards. If Telco Rewards has any reason to suspect fraudulent activity is associated with your Account, Telco Rewards reserves the right to delay or withhold payment of Cashback Rewards. Any suspected or actual cases of fraud activity will be escalated and reviewed. Telco Rewards decisions are final.
ALL CASHBACK REWARDS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TRANSACTION PAYOUTS
We work with local banks, money exchange houses and other third-party service providers (each, a "Platform Provider") to facilitate Top-Up PIN Transactions.
We may delay or cancel your Transaction or close your Telco Rewards Account at any time prior to completion without prior notice for reasons that include, but are not limited to: identity verification, validation of your Transaction instructions and Payment Instruments, fraud and anti-money laundering compliance review, contacting and locating you, your beneficiary, the Third-Party, or your recipient; and to comply with applicable law. Business hours, systems availability and currency availability of our Platform Providers may also cause delays. We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Platform is largely dependent on many factors outside our control.
You understand our responsibility for Top-Up PIN Transactions is to confirm the transfer of the payout amount and Third-Party fees from a member’s account to the Third-Party. The payout amount for a Top-Up PIN is the amount of prepaid wireless services credit being purchased in the currency of the Carrier (defined below), excluding local taxes. The Third-Party may be a reseller of prepaid wireless services, rather than the Carrier itself. We disclose when local taxes and other fees may be charged by a beneficiary’s wireless carrier (the "Carrier") to a Top-Up PIN Transaction, but the exact amount of the local taxes and fees are determined by the buyer’s billing address. You agree that you and your beneficiary have read the terms and conditions applicable to the beneficiary's mobile phone account (the "Carrier Agreement"). The Carrier Agreement applies to all services for which the Top-Up PIN may be used by the beneficiary. Terms and conditions vary by Carrier and the terms of the Carrier Agreement but may include fees and taxes charged on a Top-Up PIN, the expiration of the Top-Up PIN and the quality and quantity of airtime, data and other services for which the Top-Up PIN may be used. You should ask your beneficiary to contact the Carrier directly with questions about how the Top-Up PIN can be used for services provided by the Carrier. We are not responsible for the performance of the Third-Party or any Carrier.
If you use or interact with the Platform, you will not: (i) breach or violate any restrictions in these Terms; (ii) open more than one Telco Rewards Account or otherwise attempt to circumvent Telco Reward’s Terms; (iii) infringe Telco Rewards or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (iv) provide false, inaccurate, or misleading information; (v) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide; (vi) use an anonymizing proxy; (vii) take any action that may cause us to lose any services from our Internet service providers, payment processors, disbursement partners, or other suppliers or service providers; or (viii) share Transaction numbers or information with anyone except the Third-Party, your recipient, or beneficiary, and you will advise your member, recipient or beneficiary not to share Transaction numbers or information.
You agree that you will only purchase Top-Up PIN for personal reasons. For security reasons, there may be limits on the number of Transactions you can execute using your Telco Rewards Account. Subject to applicable law, we, in our sole discretion, reserve the right to suspend or access to or use of our Platform, Program or some or all of the Telco Rewards services for any reason and at any time with or without notice to you and, cancel any or all of your Transactions and refund the applicable Transaction Amounts to you.
ERRORS AND UNAUTHORIZED TRANSACTIONS
You have a right to dispute errors in your Transaction. If you think there is an error or that you have not authorized your Transaction, you must contact us within 12 months of the date we promised to you that funds would be made available to the recipient. When you do, please tell us: (i) your name and address or telephone number; (ii) the error or problem with the transfer, and why you believe it is an error or problem; (iii) the name of the person receiving the funds, and if you know it, their telephone number or address; (iv) the amount of the transfer; and (v) the Transaction number. We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within five (5) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
PAYMENT
Payment is due at the time your Transaction is submitted for processing although we may choose not to debit your Payment Instrument immediately. To collect payment from you and complete your Transaction, you authorize us to access, charge, electronically transfer, or debit funds from any of the Payment Instruments you provide us in connection with your use of the Platform including, without limitation, your credit card, debit card, bank account or Telco Rewards account balance (each, a "Payment Instrument"). We may, in our sole discretion, refuse Transactions funded by certain Payment Instruments. You authorize us to re-try debiting your Payment Instrument or a different Payment Instrument one or more times if your payment fails or is insufficient. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account or charge your credit card if you provide it as a different Payment Instrument at a later time. You confirm that you are the lawful owner of your Payment Instrument(s).For each Top-Up PIN Transaction that you submit, you agree to pay the applicable fees and taxes disclosed to you prior to you authorizing a Transaction. Local taxes will be disclosed to you prior to you authorizing a Transaction, to the extent required by law. We are not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example, your credit card issuer may charge you a cash advance fee and interest if you use a credit card as a Payment Instrument. We are not responsible for any such fees, nor are we responsible for insufficient fund charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit or debit card issuer, or other provider in connection with your use of the Platform. If you submit a Transaction that results in us being charged insufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
The use of the Platform is currently made available to users free of charge; however, while it is not currently intended, we reserve the right to charge a fee for using the Platform at any time. If we begin charging a fee for your continued access to the Platform, we will give you at least fourteen (14) days prior notice. If you choose to opt-out, you may forfeit Cashback Rewards in your Account after the notice period.
We have agreements with all our supported mobile providers and third-party providers to apply credits to your Account via a Top-Up PIN. These credits might be subject to daily and monthly limits, and you are not able to breach these limits. The Platform will enforce the limits when you come to redeem Cashback Rewards. Some mobile providers may not support certain merchants or other offers and promotions and we will not be liable for the unavailability of these opportunities.
NO REFUNDS
Given the nature of digitally stored-value products, refunds are not available.
LICENSE
Subject to these Terms, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Platform for your personal use to access the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in these Terms. Telco Rewards reserves the right to change, upgrade or discontinue the Program or any Platform or any feature of the Program or the Platform, at any time, with or without notice. All rights not expressly granted under these Terms are reserved by Telco Rewards or its licensors.
You acknowledge that Telco Rewards exclusively owns the Platform, including but not limited to the content of our websites, text, graphics, links, buttons, logos, and images, as well as all other patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names (the "Intellectual Property"). You agree not to display, use, copy, or modify the Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of our websites for your own personal, non-commercial use. You further agree not to: (i) engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Platform; (ii) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform, in whole or in part; (iii) remove or alter any author, trademark or other proprietary notice or legend displayed on our websites; or (iv) infringe Telco Rewards’ or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
RESTRICTIONS
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Platform; (ii) introduce into the Platform 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 Platform (collectively, “Content”); (iv) access the Program or the Platform by expert system, AI, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Telco Rewards; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of the Platform for any reason; (vii) rent, sell or sublicense any of the Platform; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access confidential Content through the Platform or attempt to circumvent any security, Content protection, or authentication measure associated with the Platform; (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 Platform 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 Platforms right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the Platform; (xiii) engage in or promote 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 Platform; (xv) attack the Platform 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 Platform.TRADEMARKS
Telco Rewards shall maintain all right, title, and interest in the “Telco Rewards” trademark, the Telco Rewards logo, and any other service marks, trademarks or logos of Telco Rewards and its affiliates (“Telco Rewards Marks”). The Telco Rewards Marks may not be used in connection with any product or service that is not Telco Rewards or in any manner that is likely to confuse customers, or in any manner that disparages or discredits Telco Rewards. You shall not mention or use Telco Rewards in any ad text, extensions, or banner ads without the express written consent of Telco Rewards. All other trademarks not owned by Telco Rewards used in the Programs are the Platforms of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Telco Rewards.MOBILE PROVIDERS
We are proud to offer a number of pre-paid mobile providers who are supported on our Platform, and these will be displayed in full detail on our Platform at registration and in the Buy Top-Up PINs section of the platform. You will only be able to use the Platform if your mobile provider is supported on our Platform. We will not be liable in any way if your mobile provider is not supported on our Platform. When you register your Account we will attempt to validate your mobile phone number and mobile provider using all the applicable information available to us and collected in accordance with these Terms.CHANGE OF MOBILE PROVIDER
The collection of points or Cashback Rewards is personal to you and is done with a valid mobile phone number. We do however recognize that you may from time to time wish to change mobile provider and enable redemption of Cashback Rewards with your new mobile provider. We do allow you to change your mobile provider via our Platform provided that such mobile provider is supported on our Platform. If your mobile provider is supported on our Platform, you will be able to apply Cashback Rewards which you have already earned against your new mobile provider once you have confirmed the new mobile provider on our Platform. If your new mobile provider is not supported on our Platform, then you will be unable to use the Platform per these Terms. We accept no responsibility for any losses which you may experience resulting from a change of mobile providers.
COMMUNICATIONS
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 your redemption is complete, etc.). We may send you periodic shopping-related emails that highlight coupons and special offers available to Telco Rewards members. We may communicate with you regarding the Program by electronic 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 may opt out of receiving certain communications in accordance with our Privacy Policy.Any communication will be sent to the phone number and email address provided. You are responsible for maintaining the accuracy of your contact information in your Account. You must promptly update us with any change in your e-mail address and telephone number by updating your profile on our websites. If we do not have correct contact information, we may not be able to notify you with important information or changes in your Transaction status
COMMUNITY STANDARDS
By participating in the Program, you are becoming a member of a community that depends on the goodwill and responsible behaviour 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, abusive, or offensive, which is targeted at the Program, the Platform, our employees, contractors or agents, our Affiliate Stores, other members, or any other person(s) or group. This includes communications using social media or other Internet posts that violate the above community standards or promote or encourage fraudulent behaviour. 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.INDEMNIFICATION
You agree to indemnify Telco Rewards, our Affiliate Stores as well as their respective officers, directors, employees, successors, agents and affiliates, for any claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your use of the Platform, your connection to the Platform, your violation of these Terms or any law, or your violation of any rights of a third party. You agree to cooperate as fully as reasonably required in our defence or settlement of any claim. In our reasonable discretion, we reserve the right to assume exclusive control over the defence and settlement of any matter subject to indemnification by you.WARRANTY DISCLAIMER
THE PROGRAM, CONTENT AND THE PLATFORM ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE PLATFORM, 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. TELCO REWARDS DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, TELCO REWARDS 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 S IN CONJUNCTION WITH THE PROGRAMS.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TELCO REWARDS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR ANY LOSS OF PROFITS, LOSS OF 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 TELCO REWARDS’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CAD) OR THE MAXIMUM CASHBACK AMOUNT YOU RECEIVED IN THE LAST TWO (2) 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, EQUITY, OR OTHERWISE.DISPUTE RESOLUTION
Before filing a claim against Telco Rewards, you agree to try to resolve the dispute informally by submitting your request to admin@telcorewards.ca. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within thirty (30) days of submission through this form, you or Telco Rewards may bring a formal proceeding.YOU AND TELCO REWARDS AGREE TO ARBITRATE ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT, TELCO REWARDS’ BUSINESS, ANY OF THE PROGRAMS OR THE PLATFORM, INCLUDING ANY CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THIS AGREEMENT.
YOU AND TELCO REWARDS AGREE 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 OR CONSOLIDATED ACTION. THIS MEANS THAT NEITHER YOU NOR TELCO REWARDS 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.
Notwithstanding the foregoing, nothing in these Terms will prevent Telco Rewards from seeking injunctive or other equitable relief or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
TERMINATION
These Terms are effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate these Terms and your use of or access to the Program at any time, for any reason or no reason. Any violation of these Terms or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior Cashback Rewards and other rewards. We may, at 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 components. You agree that Telco Rewards will not be liable to you or any third party for any modification, suspension, or termination of the Program or your access to any of the Platform. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating. Upon any termination of the Program, your right to use and access the Program, and the Platform, and to receive Cashback Rewards and other rewards, will terminate. Termination will not prejudice either your or our remedies at law or in equity.GENERAL PROVISIONS
These Terms constitute the entire agreement between you and Telco Rewards and govern your use of the Products or Platform superseding any prior agreements between you and Telco Rewards concerning the Products or Platform (including, without limitation, earlier versions of these Terms 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 Telco Rewards unless expressly confirmed in writing by Telco Rewards to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.The validity, construction and interpretation of these Terms and the relationship between You and Telco Rewards, including the rights and duties of the parties, will be governed by the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by applicable law. You agree to irrevocably submit to the exclusive jurisdiction of the courts of Quebec, Canada for any suit, action or other proceeding arising out of these Terms or your use of the Platform.
Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. If any provision of these Terms is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.
You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Telco Rewards has the right to transfer, assign or otherwise dispose of these Terms without Your consent.
We may modify these Terms from time to time without notice to you, except as may be required by law. You can review the most current version of these Terms by reviewing our websites. Do not use the Platform if you do not agree with these Terms. If you use the Platform after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and acknowledge that any attempts by you to modify these Terms shall be void.