TERMS & CONDITIONS OF USE
Please read our Terms (especially the clauses about liability and dispute resolution and class action waiver) carefully since they are legally binding. By using the App, you confirm that you accept our Terms and that you agree to abide by them. Please note that these Terms are subject to change from time to time.
If you do not agree to our Terms, please do not use our App. If you need clarification on the App contact us at firstname.lastname@example.org
Your use of the App shall be a clear acknowledgement that you agree with our Terms.
Understanding Our Role
You (the “User”, “you” or “your” as context dictates) can leverage our App’s wizardry and our relationships with local neighborhood businesses who are participating in granting and redeeming of Ribitt points (each a participating “Merchant”) to benefit from your spending power and utilize Ribitt points (“points”) to lower your net expenditures at the Merchants.
We provide the App in our own personal or corporate capacities, and should not be considered either your or a Merchant’s agent or representative.
How Our App Works
Account Credentials - Management and Incidents
Once you download the App, you are required to set up your account. Keep your account secure by limiting access to the App to you only. You must inform us immediately if your account has been compromised (e.g. you have lost your phone and you think someone may be able to use the App). Your account is linked to your phone and your points should only be redeemable by you upon providing consent at the Merchant’s checkout counter. As such, the chances of unauthorized access is low, but if we suspect any unauthorized access to your account or that there is suspicious activity in relation to your account, we retain the right, but do not have the obligation, to suspend your account and take any other related action as we deem reasonable, and you agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be required. We will not be responsible for actions of another person if you do not notify us in a timely manner about the on the vulnerabilities posed to your Ribitt Account.
If any communication you receive looks suspicious or has links that you do not expect, please do not open or click through. Instead, email us at email@example.com.
As a User, you may decide at any time to cancel your account by contacting us at firstname.lastname@example.org. We reserve the right to suspend, and if deemed appropriate, cancel your right to use the App. We’ll only do this in very exceptional circumstances.
Fees and Payment
Use of Ribitt is free if you’re a User. You only pay, in Canadian dollars, the purchase price of the item/s you buy at a Merchant, plus applicable taxes.
If we terminate, suspend or remove your account for any reason, including your violation of the Terms, we are not obligated to compensate you in any manner, even if there are unredeemed points in your account.
Representations, Warranties and Covenants
You promise that you shall not:
register for more than one account when using our App;
reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in any part of the App;
use or allow the use of the App for any purpose other than what is authorized by us;
damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the App;
access the App in order to build a commercially available product or service which competes with the App;
copy any features, functions, integrations, interfaces or graphics which are part of the App;
violate any laws;
make statements, on any part of the App on any topic associated with us, which could reasonably be considered false or misleading;
willfully tamper with the security of the App, including attempting to probe, scan or test the vulnerability of the App or to breach its security or authentication measures;
share any sensitive data with us which, in the normal course of events, would demand special Handling and introduce a security burden on us that is not agreed upon by us in writing in advance of receipt of such data;
transmit any information, through the App in any other manner, which may be: (1) unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (2) in violation of a third party’s rights in inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice), including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisionals, divisions, reissues, renewals, re-examinations and extensions thereof, trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; the protection of works of authorship or expression and copyright (whether or not registered), trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages (“Intellectual Property Rights”) or is subject to Intellectual Property Rights; (3) refutes or is contrary to what is set out anywhere in the App; (4) is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (5) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and (6) violates the privacy of any third party; or
attempt to gain unauthorized access to the App or our computer systems or networks through hacking, password mining or any other means.
We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the above. We may suspend, modify or terminate your use of the App immediately at our sole discretion.
Ribitt and its licensors own all Intellectual Property Rights in the App. Other than usage rights, you don’t have any rights of any kind in our App.
You grant us a non-exclusive and transferable right to handle your data to (i) enable you to utilize the App, and (2) generate information derived from your use of our App, including, usage information, metrics and other data points which are not able to be reverse engineered to reveal your identity (“Anonymized Information”). We’ll own all Anonymized Information and are free to use it for any purpose we see fit, including but not limited to creation, publication and dissemination of derivative works from the Anonymized Information (see examples).
If you ever make, or are ever invited by us to make comments, improvement suggestions or provide other content (“Input”), you will do so without any expectation from us and we shall have a royalty-free, worldwide, transferrable, sublicensable, irrevocable, perpetual license to use or incorporate such Input into our App or our business as we see fit. We have no obligation to monitor the submission of, or make use of, such Input.
Permission for Communication
We may use email, texts and other electronic means to stay in touch with you. You agree that when you provide us your e-mail address or personally identifying information (e.g. name, phone number) during or prior to access of the App, you: (1) consent to receive communications from us through electronic means, including via the email address or phone number you have provided us; and (2) agree that the Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.
IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN OUR TERMS, THE APP PROVIDED, INCLUDING ALL CONTENT AND FUNCTIONS, ARE “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY, OR INTEGRATION WITH ANY SYSTEM, INCLUDING A CREDIT CARD PAYMENT SYSTEM WHICH IS NOT PROVIDED BY US.
ALTHOUGH THE APP MAY BE INTEGRATED WITH OR RUN ON THIRD PARTY SYSTEMS, WE ASSUME NO OBLIGATION AND PROVIDE NO GUARANTEES WHATSOEVER IN CONNECTION WITH THE PERFORMANCE OF THIRD PARTIES. WE ARE NOT RESPONSIBLE TO YOU FOR THE CONDUCT OF ANY SUCH THIRD PARTY OR FOR ANY ERROR, INACCURACY, OR INACCESSIBILITY OF ANY MATERIAL OR SERVICE THEY SUPPLY.
WE DO NOT WARRANT THAT THE APP OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY TRANSMISSION TO AND FROM US OR COMMUNICATION BY YOU IS CONFIDENTIAL. YOU AGREE THAT YOUR USE OF THE APP CREATES NO OBLIGATION UPON US OTHER THAN AS AGREED UNDER THE TERMS AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THE TERMS.
ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD PARTY MATERIALS.
TO THE FULLEST EXTENT OF THE LAW, WE DO NOT REPRESENT THAT ANY INFORMATION EXCHANGED BETWEEN A PARTY IN THE PROVISION OF THE APP IS SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH.
Release and Indemnification
We may, at our sole discretion, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Limitation of Liability
Under no circumstances shall Ribitt, its representatives, affiliates, suppliers, or other third parties with whom we do business (our “Business Partners”) be liable for:
Any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of the App - this includes, but is not limited to, any loss of rewards or savings on purchases, profit, earnings, anticipated earnings, interruption or loss of service, or any consequential losses, problems, or fault howsoever arising out of the use of the App;
Damages incurred by reason of any the services or goods received through, advertised on, or provided by the App; or
The acts, omissions or conduct of any third party which benefits from the App as used by you, and you must ensure that you inform such third parties, who may benefit from any part of the App, of this fact.
WITHOUT LIMITING THE FOREGOING IN THIS SECTION ENTITLED “LIABILITY” THE LIMIT ON TOTAL CUMULATIVE LIABILITY OWED BY RIBITT (INCLUDING OUR REPRESENTATIVES, AFFILIATES, SUPPLIERS OR BUSINESS PARTNERS) TO YOU OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE APP SHALL BE LIMITED TO A MAXIMUM OF ONE (1) CANADIAN DOLLAR.
Term and Termination
Our Terms shall be deemed to be applicable to you upon your use of the App and shall terminate only upon an actual deletion or deactivation of your account through the means stated in the Terms. Abandonment or non-use of the account shall not lead to an automatic termination of your account.
We may terminate your access to all or any part of the App at any time, with or without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion.
Our Terms May Change
If our Terms are modified in a way we consider significant, we shall post the amended Terms on our website and notify you through the app ors email
Our Terms and any access to or use of the App shall be governed by, and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada therein, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.
Waiver of Class Proceedings
Users hereby waive any right they may have to commence or participate in any class action lawsuit against Ribitt related to any claim, dispute or controversy and, where applicable, you and any User hereby agree to opt out of any class proceeding against Ribitt otherwise commenced.
If any portion or provision of our Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by law.
Headings and Summaries
Except as otherwise stated in our Terms or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing by certified postal mail to:
270 George St N,
ON K9J 3H1
Any notice to you shall be given to the most current email address in your account.
Other Rules of Interpretation and Definition
Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; the words “including”, “includes” and “include” mean “including without limitation; and “shall” means “will” and “must”, all three of which can be changed interchangeably and shall not mean “may”. “handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle. “law” as used herein, means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.
No Waiver of Covenants
Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in the Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.
Entire Agreement and Understanding
Terms Specific to Understanding Our Relationship with Apple
Using the App – iTunes. If you are an Apple products user, you can access the Application by downloading it from the Apple App Store (“iTunes Sourced App”), and you must acknowledge that:
You acknowledge and agree that: (1) these Terms are concluded between you and us only, and not Apple; and (2) we, not Apple, are solely responsible for the iTunes Sourced App and content thereof;
the license granted by us to Users for the iTunes Sourced App is for Users to use the iTunes Sourced App on any applicable mobile device (e.g. iPad, iPhone or iPod touch) that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service;
we are solely responsible for providing any maintenance and support services with respect to the iTunes Sourced App, as specified in the Terms, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes Sourced App;
we are solely responsible for any warranties related to the iTunes Sourced App, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the iTunes Sourced App to conform to any applicable warranty, Users may notify Apple, and Apple will refund the purchase price for the iTunes Sourced App to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility;
you and we acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iTunes Sourced App or your possession and use of the iTunes Sourced App, including, but not limited to: (1) product liability claims; (2) any claim that the iTunes Sourced App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation;
you and we acknowledge that, in the event of any third-party claim that the iTunes Sourced App or your possession and use of that the iTunes Sourced App infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
you represent and warrant that; (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (2) you are not listed on any U.S. Government list of prohibited or restricted parties; and
you and we agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against the User as a third party beneficiary thereof.