Terms and Conditions

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Caddle Inc.
Terms of Service

Last updated on October 25th, 2015

These terms of use (the “Terms of Use”) are a legally binding agreement between you (“you” or “your”) and Caddle Inc. ( “Caddle”, “our”, “us” or “we”). and govern your use of the Services (as defined below).

PLEASE READ THESE TERMS OF USE CAREFULLY. Your use of the Services is expressly conditioned on your acceptance without modification of the following Terms of Use and all policies and guidelines incorporated by reference. These Terms of Use constitute legally binding terms and apply to your use of the Services regardless of the type of device used to access them. If you accept these Terms of Use, respond “Yes” to the question “Do you accept the Terms of Use”. That action is the equivalent of your signature and indicates your acceptance of these Terms of Use and that you intend to be legally bound by them. If you do not agree with them, you are not authorized to use the applicable Services and should discontinue use.

Note that all of the Terms of Use below are subject to the laws of the place where you live, and some of them might not be binding on you under those laws.

1.     Services

The services offered by Caddle include the Cash Back Credits Program (as defined below) offered on any (i) Caddle-branded URL, including www.caddle.ca (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.

In addition to the above, each Caddle Offer describes the restrictions, limitations or additional obligations that apply to that Caddle Offer. Caddle Offers are subject to these Terms of Use and the guidelines found at www.caddle.ca/terms. All decisions to award Cash Back Credits, including without limitation any determination as to whether you have met the restrictions,  limitations and requirements of a Caddle Offer, or whether appropriate documentation has been provided to validate compliance with the requirements of the Caddle Offer, will be made by Caddle, at its sole discretion. All such decisions will be final and binding and not subject to appeal.

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 $250 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

Provided you comply at all times with these Terms of Use, we grant to you during the duration hereof, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to use the Services solely for your personal and non-commercial use. The foregoing license is personal to you and may not be transferred or assigned.  

By using the Services, you represent and warrant that: (a) all account registration information you submit to Caddle is truthful, accurate and complete and you will maintain the accuracy and completeness of such information throughout the duration of your use of the Services; (b) your responses to all questionnaires is truthful and accurate; (b) you are using the Services for yourself personally and not on behalf of any third party; (f) you are a resident of Canada, have reached the age of 16 and, except if you are younger than the age of majority, you can form legally binding contracts under applicable law; and (e) your use of the Services does not violate any applicable law. It is solely your responsibility to determine whether your use of the Services complies with applicable laws, and you must comply with all such applicable laws. If you are between the ages of 16 and the age of majority, you must get your parent or guardian to read and agreed to the Terms of Use.

Caddle reserves the right to modify, suspend or terminate the Cash Back Credits Program or the Services (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice or liability to you. Without limiting the foregoing, Caddle may terminate the Cash Back Credits Program in its sole discretion, which may result in the forfeiting any Cash Back Credits accumulated pursuant to these Terms of Use. Caddle reserves the right to modify or replace any terms and conditions of contained in these Terms of Use or any of its policies, practices and guidelines related to the Cash Back Credits Program or the Services. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the Services. You agree that Caddle shall not be liable to you for any modification or cessation of the Cash Back Credits Program or the Services. You acknowledge that Caddle has no express or implied obligation to provide, or continue to provide, the Cash Back Credits Program or the Services, or any part thereof, now or in the future. To the extent that any of the foregoing requires a modification of these Terms of Use, such modification will be made in accordance with Section 8.

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, and you must log out at the end of each session.

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.

7.     Privacy

You have read Caddle’s privacy policy (the “Privacy Policy”), the terms of which appear on the Website at www.caddle.ca/privacy and are incorporated into these Terms of Use, and you agree that the terms of that Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by the Caddle in accordance with the terms of and for the purposes set out in the Caddle’s Privacy Policy.

8.     Modification of Terms of Use

Caddle may, in its sole discretion and for any reason, modify, supplement or amend these Terms of Use without any notice or liability to you or any other person, by posting revised Terms of Use on the Website. Unless otherwise specified, or as required by applicable law, any supplement, amendment or modification will be effective immediately upon posting of the revised Terms of Use. If you do not agree with the revised Terms of Use, you may cancel your account, and make a Request to redeem your outstanding Cash Back Credits balance. Your continued use of the Services signifies your acceptance of any revised Terms of Use. You should check back frequently to reach the most recent version.  

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.

10.  Ownership

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.

11.  Trademarks

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

You shall not use the Services in any fashion except as expressly permitted by these Terms of Use. Without limiting the generality of the foregoing, you shall not, and will not permit any person to, directly or indirectly, do any of the following acts: (a) sell, reproduce, modify or attempt to modify the Services or any Content in any way; (b) use the Services (or any part thereof) for any public or commercial purpose, including without limitation use of any Content on any other website or mobile application; (c) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Services; (d) modify, translate, or create derivative works based on any portion of the Services or any Content; (e) access or use the Services in order to build a competitive product or service or copy any features, functions or graphics of the Services; (f) access or use the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; (g) circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Services; (h) knowingly access data on or available through the Services not intended for you; (i) attempt to probe, scan or test the vulnerability of any portion of the Services or to breach the security or authentication measures without proper authorization; (j) unlawfully use, transmit, disseminate or otherwise make available Content on or through the Services that is unlawful, threatening, abusive, libellous, slanderous, defamatory or otherwise offensive or illegal; (k) impersonate or attempt to impersonate Caddle or our employees (including, without limitation, the use of e-mail addresses associated with any of the foregoing); (l) use the account, username, or password of another user of the Services at any time; or (m) violate any applicable law.

13.  Feedback

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

The term of these Terms of Use commences upon acceptance by you and continues until terminated in accordance with these Terms of Use.

You agree that Caddle, in its sole discretion, may terminate or suspend these Terms of Use, and/or your account or any part thereof, including your use of the Services, for any reason, including, without limitation, (a) your account in deemed inactive for a period of 6 months or more, (b) if Caddle believes that you have violated or acted inconsistently with these Terms of Use, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Services (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; or (h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud. Caddle may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice. Further, you agree that Caddle is not liable to you for termination of your account, or termination of your access to the Services, except as expressly provided herein.

Upon termination of your account, or termination of your access to the Services, any then outstanding Caddle Offer may be terminated prior to its stated end time. If your account is terminated for violation of the Terms of Use, your entire Cash Back Credits balance will be cancelled and voided. If your account is terminated at your request, it will be your responsibility to make a Request (subject to our minimum $20 Cash Back Credits balance requirement described above) before requesting such cancelling. If your account is terminated other than for violation of the Terms of Use or at your request, and you have a Cash Back Credits balance of at least $20, we will use commercially reasonable efforts to give you notice of the termination and to provide at least 10 days from the date of the notice to make a Request to redeem your Cash Back Credits balance in accordance with these Terms of Use. If you do not elect to make a Request within the time period provided, you will forfeit your entire Cash Back Credits balance and any entitlement to make a Request.

All Terms of Use set forth herein that should by their nature survive termination (including without limitation all provisions relating to intellectual property, ownership, and indemnification) in order to be given full effect shall continue in full force and effect after any expiration or termination of the Terms of Use.

15.  Liability disclaimer – READ THE FOLLOWING CAREFULLY

Except as explicitly provided in these Terms of Use as amended from time to time, Caddle and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Services and/or any content, or services provided in connection with the Services, all of which are provided on an “as is” and “as available” basis. Caddle and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Services, or any of the content or data communicated on the Services, and expressly disclaim all warranties and conditions in respect the Services, its contents or data, and any other services provided hereunder, including those arising by statute or otherwise in law or from a course of dealing or usage of trade.

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.

17.  Indemnification

You will indemnify and save harmless Caddle and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Services. Without limiting the foregoing, you expressly agree to indemnify Caddle against any liability to any person arising out of your use of Content not in accordance with these Terms of Use.

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.

19.  Links/Software

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.

21.  General

a.     Relationships

The relationship between the Caddle and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of the Services.

b.     Governing Laws, Jurisdiction

You consent and submit to the exclusive jurisdiction of the courts located in the City of St. Catharines, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Services and these Terms of Use, unless otherwise required by applicable law. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province.

c.     Currency

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.

d.     Severability

These Terms of Use will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use.

e.     Headings

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

f.      Entire Agreement

These Terms of Use, together with those policies, practices and guidelines incorporated or referred to in these Terms of Use, constitute the entire agreement between us pertaining to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter, and may not be amended or modified except by the Caddle as set out above. There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms of Use, except as specifically set out in these Terms of Use. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use.

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

The parties have requested that these Terms of Use and all documents contemplated by these Terms of Use be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

22.  Questions and Comments

If you have any questions regarding these Terms of Use or your use of the Services, please submit a request via email to [email protected] or mail us at:

Caddle Inc.
1 St. Paul Street, Unit A301
St. Catharines, Ontario
L2R 7L2
Canada

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