Terms & Conditions

Your Use of our Cash Back Program
Ebates.ca Cash Back Shopping Program
Program Membership
Becoming a Member
Earning Cash Back
Earning Bonuses & Other Rewards
Receiving Cash Back Payments
Updating & Maintaining Your Account
Receiving Communications from Ebates.ca
Protecting Your Information
Using Ebates.ca Applications
Links and Content
Inactive Member Accounts & Termination of Program Membership
Program Limitations, Qualifications and Disclaimers
Copyright and Trademark Laws
General

Your Use of our Cash Back Program

These terms, along with our Privacy & Security Policy, apply to your use of any product and/or service (the “Program”) offered by Ebates Canada Inc. ("Ebates.ca"). If you are benefiting from the Program by installing the Express Cash Back Button, then a separate End User License Agreement with ebates.ca will also be applicable. If you continue to benefit from the Program, then you are deemed to accept these Terms & Conditions and it forms a legally binding agreement between you and ebates.ca. If you do not agree with these Terms & Conditions, Privacy & Security Policy, or any applicable End User License Agreement, then please do not use the Program, as they constitute a binding agreement between you ("Member") and Ebates.ca.

Ebates.ca Cash Back Shopping Program

Ebates.ca offers a service that allows Members to earn cash back on purchases made at over 500 stores (“ Cash Back”). Joining and using Ebates.ca is free and simple, requiring only your email address and a password to get started. Ebates.ca does not sell or rent your personal information to third parties, and Ebates.ca does not 'spam' its Members. Ebates.ca does not install software on your computer without your explicit consent. In other words, there is no 'catch'. Ebates.ca receives a fee for referring buyers to affiliated stores and uses that fee to pay Members Cash Back on their purchases.

Program Membership

You understand that before accessing a service by becoming a Member of our Program, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure back-up of information and software on your computer or other devices that you may use to access the Program. Ebates.ca is not responsible for any additional charges that you may incur for using the Program, such as data or other telecommunication or Internet or wireless service provider fees.

Becoming a Member

By enrolling as a Member in the Program, or by utilizing any of Ebates.ca online applications (" Applications"), you agree to be bound by these Terms & Conditions and the Privacy & Security Policy. Enrollment as a Member is simple: you must provide an email address so Ebates.ca can inform you when money or other rewards are credited to your account. Members must be at least eighteen years old and agree not to use the Program for any illegal or fraudulent activity. Please be aware that participation in the Program and the opportunity to earn Cash Back are offered at the sole discretion of Ebates.ca, and Ebates.ca has the right to change these Terms & Conditions in whole or in part, at any time, with or without notice.

When signing-up for the Program, you consent to the collection and use of your personal information by ebates.ca for the purpose of creating your account. You must provide correct, current and complete information during the registration process. User information must be kept up to date. You may not pretend to be someone else or spoof their identity. You will create a login and password to your account, which is unique to your account and must be kept confidential at all times. You may also be able to create an account by using a third party social media account, such as Facebook.

Each account is intended to apply to a single user. Should you choose to share your account with a family member or a friend, you will have to share your log in information with them and give them permission to view your account and information. You agree that you are responsible for all activities and transactions that occur through your account. You will promptly notify Ebates.ca if you become aware of any unauthorized access or use of your account. We may terminate or suspend your account at any time, without notice to you, if we believe your use of the Program breaches these Terms & Conditions, such as if your user information is incorrect, not current, or if your account has been breached.

Earning Cash Back

Earning back a portion of your purchases as Cash Back is straightforward. Choose a store, product, coupon or other offer displayed on Ebates.ca or in an Ebates.ca Application, click the accompanying shopping link to be directed to an affiliated store's website ("Affiliate Store"), and complete a purchase to earn Cash Back on your net purchase amount. Specific Cash Back amounts vary by store and product category and are provided in detail at Ebates.ca. Please note that the net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties.

An Affiliate Store may exclude a limited number of products and purchases from the Program. Ebates.ca does its best to minimize and maintain an up-to-date list of exclusions on Ebates.ca. Additionally, to earn Cash Back, you must complete your purchase during the same shopping session you start after clicking on the Ebates.ca link. If you visit other sites before completing your purchase or use coupons not provided by Ebates.ca, your purchase might be associated with a service other than Ebates.ca and you might not earn Cash Back on your purchase. If you disable cookies on your computer you will not be able to earn Cash Back, as cookies are used to authenticate you and allocate Cash Back to your account.

Earning Bonuses & Other Rewards

Ebates.ca periodically offers monetary bonuses or other rewards for sign-up in the Program, for referring other new Members, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from these Terms & Conditions. To qualify for a sign-up bonus payment, a new Member must establish an active account and make minimum qualifying purchases totalling at least twenty-five dollars ($25.00) within ninety (90) days of becoming a Member ("Active Account"). To qualify for a referral bonus, a Member must refer a new Member who establishes his or her own Active Account and makes his or her own minimum qualifying purchases totalling at least twenty-five dollars ($25.00) within the first ninety (90) days of becoming a Member. Please note that sign-up and referral bonuses are given for the purpose of attracting new Members to Ebates.ca. An individual person is only eligible for one sign-up bonus and may earn only one referral bonus per individual person referred.

Receiving Cash Back Payments

To receive payment of accrued Cash Back and any other rewards, you must establish and maintain an Active Account with Ebates.ca with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name, and a password to protect your account. To maintain your Active Account, you must update your information if it changes and have shopped via Ebates.ca or an Ebates.ca Application or have accrued Cash Back at any time within the last twelve (12) months.

Ebates.ca pays its Members accrued Cash Back and other rewards every 3 months, at a minimum. Ebates.ca pays Members in Canadian dollars via cheque, Paypal, and sometimes other payment options. Members may select or change their payment options in the My Account section of Ebates.ca. Each payment represents Cash Back and other rewards earned and accrued during the prior quarter based on the schedule below. The minimum payment amount is $5.01. Balances below $5.01 remain in your account for potential payment during the next payment period.

Purchases Posted Between Big Fat Cheque Sent
Jan 1 - Mar 31 May 15
Apr 1 - June 30 Aug 15
July 1 - Sept 30 Nov 15
Oct 1 - Dec 31 Feb 15

Cash Back payments relating to purchases you make at certain Affiliate Stores may be delayed by one pay cycle due to delayed processing and reporting by the stores. We do our best to expedite payments and to maintain a list of stores whose practices might delay our ability to pay Cash Back on your purchase. Ebates.ca reserves the right to delay payment for any purchase based on changes to Affiliate Store policies and procedures at any time.

Updating & Maintaining Your Account

You must be logged into Ebates.ca and enter your password to change your account information and payment preferences. You may check your account status and recent earning history at any time via the My Account section on the Ebates.ca Website. For security purposes, it is recommended that you memorize your password and not write it down. You are responsible for keeping your password and other account information confidential. Ebates.ca 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.

Receiving Communications from Ebates.ca

By signing up for Membership at Ebates.ca, you agree to receive communications that are account and Membership related (e.g., that we've added money to your account, that we are mailing you a cheque on a certain date, etc.) as well as periodic shopping-related emails that highlight coupons and special deals that are available to Ebates.ca Members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the Subscriptions link, or (ii) following the unsubscribe link in any of the emails. Since we need to communicate account information with you in order to operate our Program, you cannot unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. If you do not wish ever to hear from Ebates.ca, even if just to hear that we awarded you Cash Back, you can close your account by contacting Ebates.ca’s customer service department.

Protecting Your Information

Ebates.ca does not sell or rent your information to third parties. Ebates.ca requires your name and address in order to send you payment of Cash Back and other rewards earned through Ebates.ca. Any other information gathered by Ebates.ca will be used only to improve your Ebates.ca experience, for example by minimizing the irrelevant content or offers you see and increasing the offers you see from your favourite stores. Such information might include your favourite stores, preferred types of coupons or shopping categories. As detailed in Ebates.ca Privacy & Security Policy, Ebates.ca does not disclose your information to third parties except as necessary (i) for Ebates.ca agents and service providers to make payments to you; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated or non-personalized marketing services for advertising or store partners; or (iv) for Ebates.ca agents and service providers to send Ebates.ca communications to you.

Using Ebates.ca Applications

Ebates.ca does not install or require you to install any software to access the Program. Members can earn Cash Back on their purchases by using only the Web site Ebates.ca. Ebates.ca plans to make available a limited number of Applications to assist users in earning Cash Back without visiting Ebates.ca (for example, from mobile devices or in-store). If you use Ebates.ca Applications you agree to use them only for your personal use and for accessing the Program. Ebates.ca reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of Ebates.ca Applications for any reason. You may not rent, sell, or sublicense Ebates.ca Applications without prior written consent from Ebates.ca.

Ebates.ca Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using Ebates.ca Applications you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. All rights to Ebates.ca Applications are reserved by Ebates.ca under the copyright laws of the United States and Canada.

Links and Content

Ebates.ca does not review or control, and is not responsible for, any websites linked from or to the Ebates.ca website or any Ebates.ca Applications, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products or services. Linking to any other website is at your sole risk and Ebates.ca will not be responsible or liable for any damages in connection with such linking. You may not gather, extract, reproduce and/or display on any other non-Ebates.ca website or other online service, any material on or from the Applications, whether or not by the use of spiders or other 'screen scraping' software or system used to extract data without the express consent of Ebates.ca.

Inactive Member Accounts & Termination of Program Membership

Membership in the Ebates.ca program is free: there is no charge to be a Member or to earn and receive Cash Back. If your account is inactive for more than twelve (12) consecutive months, Ebates.ca reserves the right to debit your Ebates.ca account balance two dollars ($2.00) per month to recover the cost of account maintenance until (i) you reactivate your account by starting a shopping session via Ebates.ca or Ebates.ca's Applications, completing a qualifying purchase, or updating your account information (providing a valid name, email and mailing address), or (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, Ebates.ca will close the account permanently and cease to maintain your account records and Program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to Ebates.ca.

Program Limitations, Qualifications and Disclaimers

Membership in the Program is subject to these Terms & Conditions. All Affiliate Store membership and/or operating agreements as they relate to their affiliate or partner programs with Ebates.ca and which reside on the Affiliate Store's respective websites are hereby incorporated into this these Terms & Conditions by reference.

Membership in the Program is limited to individuals who are 18 years of age or older. Members may not use scripts or disguised redirects to derive financial benefit from Ebates.ca. Members must have Internet access and maintain a valid email address to be eligible to receive the privileges and benefits of Membership.

Any failure to comply with these Terms & Conditions, any fraud or abuse relating to the accrual or receipt of Cash Back rewards, or any misrepresentation of any information furnished to Ebates.ca or its affiliates by you or anyone acting on your behalf may result in the termination of your Membership in the Program and forfeiture of your accrued Cash Back rewards.

The determination of whether or not a purchase made through an Ebates.ca Affiliate Store qualifies for Cash Back is at the sole discretion of Ebates.ca. If an Affiliate Store fails to report a transaction to Ebates.ca or withholds payment to Ebates.ca for any reason, Ebates.ca reserves the right to cancel the Cash Back associated with that transaction. If Ebates.ca has any reason to suspect fraudulent activity is associated with your account, Ebates.ca reserves the right to delay or withhold payment of Cash Back. You give Ebates.ca permission to review your account with Affiliate Stores in cases where Ebates.ca suspects fraudulent activity. Ebates.ca is not responsible for lost or stolen payments, including gift cards. Ebates.ca is not responsible for payments delivered to the wrong address through no fault of Ebates.ca or for payment errors made by third party payments processors such PayPal.

It is your responsibility to check your account regularly to ensure that Cash Back has been properly credited and paid and that your account balance is accurate. If you do not believe that Cash Back has been correctly credited to your account you must contact Ebates.ca Customer Service within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.

You may be taxed on your receipt of Cash Back payments and other consideration (merchandise, travel, etc.) for Member referrals, depending on the tax laws of federal, provincial, and local jurisdictions. Ebates.ca may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for Member referrals. Ebates.ca 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 Cash Back caused by such changes, discontinuance, or withdrawal. Ebates.ca is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliate Store site.

Ebates.ca is not responsible, and will not be liable to you or anyone else, for any damages whatsoever and howsoever caused (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with its Applications or its information, or your ability on inability to access or use the Applications or its information, or any action or decision made by you in reliance on the Applications or its information, or any errors in or omissions from the Applications or its Information, or any unauthorized use or reproduction of the Websites or its Information, even if Ebates.ca has been advised of the possibility of these damages. Members agree to indemnify and hold Ebates.ca, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable legal fees, made by any party due to or arising out of a Member's use of the Program.

Ebates.ca provides its website and the Information on an "as is, where is" basis and do not make any express or implied warranties, representations, or endorsements with respect to the websites or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Ebates.ca reserves the right to terminate the Program at any time with or without notice. Ebates.ca does not warrant, guarantee, or make any representations regarding the quality or accuracy of advertisements for any products or services offered or provided by Affiliate Stores in conjunction with the Program. In addition, Ebates.ca does not warrant that access to this site or use of its Applications will be uninterrupted or error-free, and Ebates.ca assumes no responsibility for any damage caused by your access or inability to access Ebates.ca or its Applications.

Further, Ebates.ca does not represent or warrant that the Applications will be available and meet a Member’s requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

Copyright and Trademark Laws

The Application and Program include literary, musical, dramatic and artistic works, including but not limited to computer programs, software, databases, text, Information, data, code, sounds, sound effects, sound recordings, audio, musical compositions, performances, video, cinematographic works, photographs, pictures, illustrations and graphics (the “Content”). All Content is protected by Canadian and international intellectual property laws and treaties, including copyright and trade-mark laws, and is owned by Ebates.ca, licensed to Ebates.ca, or otherwise provided by a third-party.

All trademarks (including, but not limited to, trade names, logos, word and design marks) that appear in on Ebates.ca and it’s Program are the trade-marks or registered trademarks of Ebates.ca or of their respective owners and are protected from reproduction, dilution and confusing or misleading uses. The use of any trademark appearing on any of the Applications or the Program without the express written consent of the trademark owner is strictly prohibited.

General

Ebates.ca Applications, the Information, the Terms & Conditions and the Privacy & Security Policy will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Applications, the Information, the Terms & Conditions and the Privacy & Security Policy shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Applications, the Information, the Program and its Terms & Conditions and the Privacy & Security Policy.

If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Ebates.ca failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Ebates.ca with respect to the Applications and the Program.

The Program and its associated services of Ebates.ca that are described, made available or provided on the Applications may be changed or withdrawn at any time without notice and are subject to the terms and conditions of the applicable agreements governing their use in force at the time of the provision of the service, in addition to the Terms & Conditions. In the event that the Terms & Conditions are inconsistent with the terms of any agreement that a member may have with Ebates.ca regarding a specific service or software, the terms of that agreement will govern.

The information, material and content provided in the pages of the Applications (the "Information") is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times. Without limiting the generality of the foregoing, the Information may include technical inaccuracies or typographical errors, and Ebates.ca and its officers, directors, employees and agents have no obligation to update the Information. The Information or the Websites may be changed, withdrawn or terminated at any time without notice.

Ebates.ca may modify these Terms & Conditions from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the Ebates.ca website regularly to determine whether the Terms & Conditions has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

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