Terms of Service
Last updated on October 25th, 2017
The services offered by Caddle include the Cash Back Credits Program (as defined below) offered on any (i) Caddle-branded URL, including www.getcaddle.com (the “Website”); and (ii) Caddle-branded mobile applications (collectively the “Services”)
2. Cash Back Credits Program
By using the Services, you may be eligible to earn credits (the “Cash Back Credits”) by watching advertisements, attending events, purchasing products or services, or otherwise as provided by the Cash Back Credits Program (the “Caddle Offer”). The Cash Back Credits earned will be based on the associated value, as determined by Caddle in its sole discretion, attributed to the Caddle Offer.
To earn Cash Back Credits from watching advertisements, you must complete in full the associated questionnaire and submit it to us during the time the Caddle Offer is valid. To earn Cash Back Credits from attending events, or purchasing products and services, you must attend the event or purchase the product or service personally. To validate your compliance with the Caddle Offer, you must upload a photo of the event you attended or the original unaltered receipt from your purchase. Documents submitted must be of high quality, legible and provide sufficient information to validate your compliance with the Caddle Offer (such as a description of the item purchased and date of purchase). Products that are purchased in connection with a Caddle Offer and submitted for Cash Back Credits may not be returned.
Our ambassador program allows you to earn additional Cash Back Credits by referring individuals to sign up for our Services. If an individual you have referred creates an account with us, and claims at least one Caddle Offer, you will be entitled to receive the amount of Cash Back Credits, as provided in the Cash Back Credits Program. The maximum amount that you can earn under the ambassador program is an amount equivalent to $2,000 in Cash Back Credits.
3. Redemption of Cash Back Credits
Once your Cash Back Credits reach a balance of $20, you are eligible to redeem your Cash Back Credits for an equal amount in dollars (the “Cash Back Rewards”). To redeem your Cash Back Credits, you must deliver a request (the “Request”) to us by selecting the “Cash Out” option, and responding to the questions required for delivery of your Cash Back Rewards.
You are responsible for redeeming your Cash Back Credits. If we do not receive a Request from you, we are under no obligation to provide Cash Back Rewards. We do not provide for an automatic redemption or periodic distribution of Cash Back Rewards.
Cash Back Credits have no cash, monetary or other value. Your Cash Back Credits or any part thereof are 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 Cash Back Credits Program. No interest is paid on outstanding balances of Cash Back Credits.
4. Payment of Cash Back Rewards
All Cash Back Rewards will be paid by Caddle by cheque or otherwise as determined from time to time by Caddle. All cheques will be sent to you via regular mail from our place of business, unless otherwise determined by Caddle. We are not responsible for any lost or delayed cheque, whether such loss or delayed was caused by Caddle, the postal service or any other third party.
Cheques for the Cash Back Rewards will be sent to the mailing address provided during the Cash Out process. If you did not provide a mailing address we may, but are under no obligation to, request that you provide a mailing address for delivery of the cheque. If we do not receive a valid mailing address for you within 30 days of the Request, you may forfeit your Cash Back Rewards. We are under no obligation to provide a replacement cheque if your Cash Back Rewards cheque is lost, stolen or expires before you cash it, however we may at our sole discretion, add the amount of your Cash Back Rewards cheque less a fee of $10 (or such other amount as permitted by applicable law) to your Cash Back Credits balance. Any future Requests will be subject to the minimum $20 Cash Back Credits balance requirement described above.
You are responsible for all taxes, if any, associated with the receipt and payment of the Cash Back Rewards.
5. Use of Services
6. Your Account
Use of the Services may only be accessed by setting up an account with a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You may not transfer or otherwise assign your account to any third party. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Caddle. Caddle recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis.
You must immediately notify Caddle of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. All login names and passwords remain the property of Caddle. Caddle is not under any obligation to verify the actual identity or authority of the user of any login name or password.
If you do not validly claim a Caddle Offer during any twelve month period, we will deem your account as inactive. If your account is deemed inactive, we have the right without any further notice to you, to apply an inactive account management fee in the amount equal to $2 of Cash Back Credits per month. The inactive account management fee will be applied against your current Cash Back Credits balance, provided that your Cash Back Credits balance will not become a negative amount. Once you claim a Caddle Offer under your account, your account will become active, and no further account management fees will be applied unless and until your account is deemed inactive again, as described above.
9. Mobile Use
Caddle offers mobile applications as a fast and easy way for our users to access our Services. Our mobile applications may include the ability to access the Services and upload content to the Services, receive content from the Services and download applications to your wireless device (collectively, “Mobile Features“). Standard messaging, data, and other fees may be charged by your carrier to participate in the Mobile Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or device. You should check with your carrier to find out what plans are available and how much they cost or any other questions regarding these carrier-related issues. By using the Mobile Features, you agree that we may communicate with you regarding the Services by text message or other electronic means to your mobile device.
The Services and all text, logos, images, marks, button icons, graphics, video, audio and other content contained in or communicated using the Services, including without limitation Caddle’s name and logo (collectively the “Content”) are the property of Caddle, and/or its various affiliates and third party providers and licensors (the “Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content contained in or communicated using the Services may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Caddle or the applicable Third Parties.
All Content is the property of Caddle or the Third Parties and protected by Canadian and international copyright laws. The compilation of all Content contained in or communicated using the Services is the exclusive property of Caddle and protected by Canadian and international copyright laws. All software used in the Services is the property of the Caddle or its software suppliers and protected by Canadian and international copyright laws.
Caddle and all other related trademarks and design marks displayed in connection with the Services (collectively, the “Trademarks”) are registered and common law trademarks of Caddle. Other trademarks and design marks displayed in connection with the Services are trademarks of their respective owners. The trademarks of any Third Parties are used under license. Nothing contained in the Services should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Caddle or the other party that may own the applicable trademarks.
12. Restrictions on Use; Prohibited Activity
Caddle enables its users to provide Caddle with feedback by email or otherwise (“User Content”). If you provide User Content you grant Caddle a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the User Content. You also grant Caddle the right to use the name you submit with the User Content, if any, in connection with Caddle’s rights set out in this section.
14. Term and Termination
15. Liability disclaimer – READ THE FOLLOWING CAREFULLY
Caddle and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Caddle and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of the Services, or your downloading of any materials, data, text, images, video or audio from the Services.
16. Maximum Liability
If Caddle or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the Services, the liability of Caddle and the Third Parties will in no event exceed in the aggregate $100.
In no event will Caddle or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Services or any failure or delay in the operation of the Services, even if advised of the possibility of damages.
18. Accuracy of Information
We rely on the information you provide through this website, including registration information (name and email address), and your responses to our questionnaires, which must be true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
The Services may contain links to websites or content owned or operated by other entities which are not associated or affiliated with Caddle. These links are provided solely as a convenience to those individuals who may be interested in this information, and the inclusion of any link does not imply endorsement, investigation or verification by Caddle of the linked website or information contained in the linked website, or of their security or privacy practices. Caddle will not be responsible for the content of any other linked websites or content and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. 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 website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Linking to any other website is at your sole risk and the Caddle will not be responsible or liable for any damages in connection with such linking. In addition, the Caddle does not endorse or approve of any websites linked from the Services, except for other websites operated by the Caddle.
20. Advertisements and Promotions
Caddle may run advertisements and promotions from Third Parties on the Services. Your participation in promotions of parties other than Caddle, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Caddle 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.
b. Governing Laws, Jurisdiction
All references to “dollar” or the “$” sign refer to Canadian currency, unless otherwise stated, and all amounts to be advanced, paid, tendered or calculated under this Agreement are to be advanced, paid, tendered or calculated in Canadian currency.
f. Entire Agreement
g. Electronic Communications
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
h. English Language
22. Questions and Comments
1 St. Paul Street, Unit A301
St. Catharines, Ontario