Checkout 51

Terms of Service

Last updated on May 8, 2015

These Checkout 51 terms of service (the "Agreement" or the "Terms") are a legal agreement between you ("you," "your") and Checkout 51 Inc., a Canadian corporation ("Checkout 51," "we", "our" or "us").

Checkout 51 provides services, including the Checkout 51 Cash Back Credits Program (the "Program")(as more fully described below), via our websites and mobile applications (the "Services") to you subject to these Terms. Please read these Terms carefully before using the Services. By accessing or using the Services, you explicitly agree to comply with and be bound by the Terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these Terms, do not use the Services. The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else. You must be the age of majority in your jurisdiction to use our Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Checkout 51 or its affiliates for products, services or otherwise. Also, these Terms are in addition to the end user license agreements for any website or mobile application we provide.

Checkout 51 reserves the right to change or modify any of the terms and conditions contained in these Terms, the Cash Back Credits Program, or any policy or guideline relating to the Services (including, without limitation, the Privacy Policy (as defined below)) at any time and in its sole discretion, including terminating the Program which may result in forfeiting of any Cash Back Credits accumulated subject to the conditions set forth below in Section 3. If we do so, we will notify you at the email address you provide in your Registration Data (as defined below) or we will post a notice visible to you when you use our websites or mobile applications. If you do not agree with the changes, you may cancel your account with us without further obligation, and your Cash Back Credits balance (subject to our minimum of $20 Cash Back Credits value and any inactive account management charges described below) will be exchanged for a check for the balance amount and will be sent to you as described below. Unless otherwise specified, and subject to applicable law, any changes or modifications will be effective immediately upon posting of the revisions through the Services, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications.

Without limiting the generality of the foregoing, you should from time to time review the Terms and any policies, guidelines and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the 'last updated' date at the top. If you do not agree to any amended Terms, you must immediately stop using the Services. If you have any questions about the Terms, please submit a support request.

References to a currency or an amount of money in these Terms mean the currency of the country in which you are resident, according to your Registration Data. If your address changes to a different country, the currency of that new address will apply to Checkout 51 Offers (as defined below) claimed and verified after the date of the change, and to all inactive account management charges applied after that date.

1. Privacy Policy

Please refer to Checkout 51's privacy policy (the "Privacy Policy") for information on how Checkout 51 collects, uses and discloses personally identifiable information from its members. By agreeing to these Terms or using the Services, you agree to our collection, use and disclosure of your personally identifiable information in accordance with the Privacy Policy. The Privacy Policy can be found here: www.checkout51.com/privacy

2. Cash Back Credits Program

As part of the Checkout 51 Cash Back Credits Program, Checkout 51 lets members earn Cash Back Credits by buying certain products with an associated Cash Back Credits value (a "Checkout 51 Offer"). We have created mobile applications and websites that let our members upload photos of their receipts so we can validate their purchase of products associated with a Checkout 51 Offer and begin to accumulate Cash Back Credits. Each Checkout 51 Offer describes the associated products and certain restrictions or limitations that apply to the Checkout 51 Offer. Checkout 51 Offers are also subject to these Terms and the guidelines found at http://www.checkout51.com/help, which Checkout 51 reserves the right to change at any time and at its discretion.

You become eligible to exchange Cash Back Credits for an equal amount of money once your Cash Back Credits balance reaches $20. Note that your Cash Back Credits balance must be at least $20 each time before you are able to request an exchange and distribution. You may also accumulate Cash Back Credits in an amount greater than $20 which will be held in your Cash Back Credits balance. See Section 3 for how to request your Cash Back Reward (as defined below).

3. Cash Back Credits

General

When you upload a receipt and we verify that you have purchased a product with an associated Checkout 51 Offer during the time the Checkout 51 Offer is valid, you will accumulate the Cash Back Credits value described in the Checkout 51 Offer (in our applications and on our websites, we refer to this as earning "Cash Back"). When your Cash Back Credits balance reaches $20, you may request (a "Distribution Request") that your Cash Back Credits balance be redeemed for an equal amount of money which will be paid to you by check (a "Cash Back Reward") in accordance with the Payment terms described below, or you can leave your Cash Back Credits balance to continue accumulating. If you do not make a Distribution Request, we are under no obligation to send you a check as part of the Program. You are responsible for redeeming Cash Back Credits. There is no automatic redemption or periodic distribution of Cash Back Rewards. Cash Back Credits balances have no cash, monetary or other value prior to being earned in full (reaching $20) and redeemed pursuant to a valid Distribution Request made in accordance with these Terms. No interest is paid on Cash Back Credits balances. Members have no property rights or other legal interest in the Cash Back Credits for any purpose. Your Cash Back Credits balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Cash Back Credits of any other member in the Program.

Payment

We send your Cash Back Reward in the format of a physical check, which is sent via regular mail from our office in Toronto, Canada or through a payment intermediary. From time to time we may change this payment method. Note that you are responsible for all taxes, if any, associated with your Cash Back Reward and any exchanges and distributions. We mail your checks to the address in your Registration Data (as defined below). Our determination of whether a Checkout 51 Offer has been purchased by you and properly submitted in accordance with these Terms shall be the definitive determination, and shall be final and not subject to appeal. Products that are submitted for Cash Back Credits cannot be returned to the store. Photos or scans taken through the app must be of the original paper receipt issued by a retailer, which cannot have been altered in any way and must be the receipt from a purchase that you paid for personally. For online orders, you must upload a photo of an itemized packing slip to verify that you have completed the purchase and received the items purchased. We have no responsibility and assume no liability for any loss or delay of a check mailed to you that is caused by any postal service or any other party.

In the unlikely case we cancel your account for violation of the Terms or cease providing the Program, we will notify you at the email address you provide in your Registration Data and you will have 30 days to make a Distribution Request (subject to our minimum $20 Cash Back Credits balance requirement described above). If you do not make a Distribution Request within such 30 day period, you will forfeit your entire Cash Back Credits balance. If you ever cancel your account, it will be your responsibility to make a Distribution Request (subject to our minimum $20 Cash Back Credits balance requirement described above) before cancelling.

To Receive Payment You Must Maintain a Current Address in your Registration Data

If we do not have a mailing address for you, we have the right to notify you by email to require you to provide a mailing address within 30 days of the email notice and if you do not provide a mailing address by that time, you will forfeit your Cash Back Credits balance.

If you make a Distribution Request and the Cash Back Rewards check expires before you cash it, the value of the Cash Back Rewards check will be added back to your Cash Back Credits balance, less a $10 check replacement fee, except in Quebec where the replacement fee will be a reasonable fee. Any Cash Back Credits so added back to your Cash Back Credits balance is subject to the inactive account management charge described below and any future Distribution Requests will be subject to our minimum $20 Cash Back Credits balance requirement described above.

Inactive Account Management Charge

If at any time your account becomes inactive, we may apply an inactive account management charge of $2 worth of Cash Back Credits per month, except in Quebec where the charge will be a reasonable charge, up to a maximum of the total amount of your Cash Back Credits balance from time to time during that period in which your account is inactive. Your account will be considered "inactive" if you do not claim a Checkout 51 Offer (whether we verify that claim as being valid or not) during any twenty-four (24) month period. We may apply that charge on the first day of the month following the date your account becomes inactive. (For example, if your account becomes inactive on April 15th, we may apply the charge on the following May 1st.) If you claim a Checkout 51 Offer after your account becomes inactive, we will stop applying that charge until any later time when your account becomes inactive.

Before we deduct the inactive account management charge, we will give you at least three months' notice of the potential application of, and of the amount of, the charge by email to the address in your Registration Data.

4. Mobile Services

Checkout 51 offers mobile applications as a fast and easy way for our members to use the Services. If you download and access the Services through the Checkout 51 apps, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding the Service by text message or other electronic means to your mobile device, in accordance with our Privacy Policy.

5. Ownership and Copyright

Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, the Checkout 51 logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Content") are the property of Checkout 51 or its licensors and are protected by Canadian and international copyright laws. All rights to the Content are expressly reserved. Nothing contained in the Services may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Checkout 51 or any third party without the prior written permission of Checkout 51 or such other party that may own such patent, trademark, copyright or other proprietary right(s).

6. Trademarks

Checkout 51, its logo and all other product or service names or slogans displayed on or communicated through the Services are registered and/or common law trademarks of Checkout 51 and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Checkout 51 or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Checkout 51 and may not be copied, imitated or used, in whole or in part, without the prior written permission of Checkout 51. All other trademarks, registered trademarks, product names and company names or logos displayed on or communicated through the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Checkout 51.

7. Limited License to the Content

Checkout 51 grants you a limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Services and to view, copy and print portions of the Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Services or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services or any Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Services or Content without the prior written permission of Checkout 51 is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Checkout 51 against any liability to any person arising out of your use of Content not in accordance with these Terms.

You may contact Checkout 51 at the address set out at the bottom of these Terms to request permission for uses of Content not included in the foregoing license.

8. Hyperlinks

The Services may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Checkout 51 does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Checkout 51 provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Checkout 51's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Checkout 51 accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Services. When you leave the Services, our terms and policies will no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

9. Advertisements and Promotions

Checkout 51 may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, parties other than Checkout 51, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Checkout 51 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

10. Registration Data and Account Security

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Checkout 51, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Checkout 51. We mail checks to the address and send notices to the email address you maintain in your Registration Data. We are not responsible for any loss you suffer as a result of not keeping your Registration Data current.

11. Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY CHECKOUT 51, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHECKOUT 51 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES OR THE CONTENT. CHECKOUT 51 DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICES OR CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICES, THE CONTENT OR ANY PORTION THEREOF.

THE PRODUCTS THAT YOU PURCHASE THAT ARE ASSOCIATED WITH CHECKOUT 51 OFFERS ARE NOT SOLD OR ENDORSED BY US, AND WE HAVE NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE YOU MAY SUFFER FROM PURCHASING OR USING THEM.

CHECKOUT 51 IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE CHECKOUT 51 ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES, CHECKOUT 51 CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

YOUR CASH BACK CREDITS BALANCE UNDER THE PROGRAM IS SUBJECT TO AN INACTIVE ACCOUNT MANAGEMENT CHARGE, AS DESCRIBED IN SECTION 3 OF THESE TERMS.

12. Limitations of Liability

YOU WAIVE, AND COVENANT NOT TO ASSERT, ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST CHECKOUT 51, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICES, THE CONTENT, THE OFFERS OR THE PURCHASE OR USE OF ANY PRODUCTS YOU PURCHASE RELATED TO THE OFFERS, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT CHECKOUT 51 HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICES. YOU USE THE SERVICES AT YOUR OWN RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER CHECKOUT 51 NOR ANY PARTIES PROVIDING CONTENT OR THE PRODUCTS ASSOCIATED WITH OFFERS SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT/CIVIL LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE ("LOSSES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR THE CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY CONTENT OR OTHER INFORMATION OBTAINED FROM CHECKOUT 51 OR ACCESSIBLE VIA THE SERVICES, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHECKOUT 51'S RECORDS, PROGRAMS OR THE SERVICES. IN ADDITION, CHECKOUT 51 SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PURCHASE OR USE OF ANY PRODUCTS ASSOCIATED WITH OFFERS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHECKOUT 51, WHETHER IN CONTRACT, WARRANTY, TORT/CIVIL LIABILITY (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CHECKOUT 51 FOR ACCESS TO OR USE OF THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR BODILY OR MORAL INJURY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. User Communications

Checkout 51 is under no obligation to refrain from reproducing, publishing or otherwise using, without compensation, communications other than personal information, you send to or receive from Checkout 51 by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of products or services incorporating such information.

14. Applicable Law and Venue

The Services (excluding Third-Party Sites) are controlled by Checkout 51 and operated by it from its offices in Toronto, Ontario. While Checkout 51 has made no effort to publish the Services other than in certain Provinces of Canada and the United States, the Site is accessible elsewhere.

You and Checkout 51 both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Checkout 51 explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, unless you are a Quebec resident in which case Quebec laws shall apply.

You agree that all disputes, claims or other matters will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario, unless you are a Quebec resident in which case they will be heard and resolved in a court of competent subject matter jurisdiction located in the province of Quebec. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Checkout 51 for your failure to comply with any such laws.

15. Termination / Modification of License and Site Offerings

Notwithstanding any provision of these Terms, Checkout 51 reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content. In particular, any then outstanding Offer may be terminated prior to its stated end time, and your entire Cash Back Credits balance may be cancelled and voided, provided that if at any such time we elect to terminate your license to use the Services and you have a Cash Back Credits balance of at least $20, we will give you notice of the termination and you will have 30 days from the date of the notice to make a Distribution Request for your entire Cash Back Credits balance in accordance with Section 3 of these Terms. If you do not elect to do so within such 30 day period, you will forfeit your entire Cash Back Credits balance and any entitlement to make a Distribution Request.

16. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Checkout 51 may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Checkout 51, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Checkout 51 regarding your use of the Services, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Checkout 51 regarding your use of the Services.

17. QUESTIONS AND COMMENTS

If you have any questions regarding these Terms or your use of the Services, please submit a support request or contact us:

Checkout 51 Inc.
366 Adelaide Street East, Unit 501
Toronto, ON
M5A 3X9
Canada

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