EBATES IN-STORE CASH BACK TERMS AND CONDITIONS AND PRIVACY STATEMENT

Ebates Inc. (“Ebates”) offers a service enabling you to enroll a credit card in order to earn cash back or other rewards or benefits when you make qualifying transactions at participating merchants (“Service”).

You accept these terms when you enroll a credit card in the Service. Ebates may add to, change, or remove any part of these terms from time to time. If Ebates changes any material terms that would have a material adverse effect on your rights as they are presented to you in these terms, Ebates will notify you via email or through other reasonable electronic means. Your continued participation in the Service, including receiving cash back or other rewards or benefits when you make a qualifying transaction at participating merchants, constitutes your acceptance of any changes to these terms.

To receive cash back or other rewards or benefits through the Service, you must enroll a valid, eligible credit card with the Service. Ebates leverages the transaction matching technology provided by the Rakuten Card Linked Offer Network, Inc. (“RCLON”) and, together with Ebates, “we” or “us” to provide you the Services. By enrolling a card in the Service, you agree that your payment card network (e.g., MasterCard, American Express, Visa) may monitor transactions on your enrolled card at participating merchants and share Transaction Data (defined below) with us for the purposes of determining whether you have made a qualifying purchase and providing you targeted offers. “Transaction Data” means merchant name, merchant location or other store identifier, transaction date, transaction amount, the last 4 digits of your credit card, and any other information that the payment card network may make available to us in connection with your qualifying purchase.

You may remove your credit cards from the Service at any time by visiting https://www.ebates.ca/member/wallet. When you do so, we will no longer receive future Transaction Data associated with your credit card, but we will retain historical Transaction Data for a legally allowed time period to track cash back or other rewards or benefits due under the Service and for account management and customer service purposes.

Card and Transaction Eligibility

The Service is limited to credit cards only. Payment cards that are not eligible for use with the Service include, without limitation, debit cards, corporate and purchasing cards, government-administered prepaid cards and insurance prepaid cards.

Not all merchant locations or transactions with your enrolled credit card may be eligible for cash back or other rewards or benefits, including payments made through third-party digital wallets or payment apps other than Apple Pay®, and other transactions not processed through the payment card network’s own system.

Data Sharing and Usage

In order to operate the Service, we will share and use credit card and Transaction Data in order to:

  • Provide information about your enrolled card to payment card networks so they may monitor transactions on your card at participating merchants.
  • Receive Transaction Data from payment card networks for enrolled cards at participating merchants in order to determine qualifying transactions and provide you with cash back or other rewards or benefits. Such data may also be used to target offers that may be of interest to you in the future.
  • Analyze Transaction Data to create anonymous performance reports that may be shared with publishers, merchants, and their agents. These analyses may also be used to support general marketing to encourage consumers to enroll in the Service.
  • Provide Transaction Data to participating merchants or their agents in order to validate qualifying transactions and assess the results of specific campaigns.

Information Disclosed for Our Protection and the Protection of Others

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, and in accordance with the law, reasonably believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Ebates or a third party, to protect the safety of the public or any person, or to prevent or stop activity we reasonably believe to be, or pose a risk of being, illegal or legally actionable activity, or as otherwise permitted or required by law.

License to the Service

Subject to these terms, Ebates grants you a limited, non-exclusive, and revocable license to access and use the Service. Ebates (or its affiliate) reserves the right to change, upgrade or discontinue the Service or any feature of the Service at any time, with or without notice.

Limitations on Liability

You agree that we are not responsible or liable for the availability, accuracy, content, reliability or advertising of the merchandise or services of participating merchants. To the extent allowed by law, our total liability to you for any damages related to your use of the Service, regardless of reason, will not exceed US$50. You also agree that none of the payment card networks have any responsibility or liability in connection with the Service.

Privacy, Security and Information Collection

As a condition of using the Service, you agree that we have the right to collect, retain, and use information collected in your use of the Service. Your credit card information will be encrypted and stored in the Service’s databases for this purpose only and for a time period allowed under applicable law(s).

Electronic Communications

You agree that we may communicate with you by means of electronic communications regarding these terms, the Service, credit card information, and any other matter relating to your use of the Service. In accordance with Canada’s Anti-Spam Legislation, you may opt out or unsubscribe from our commercial electronic messages at any time by clicking on the unsubscribe link in the footer of the commercial electronic messages. All unsubscribe requests will be honored within ten (10) business days. You will, however, continue to receive transactional, service, and non-commercial messages.

Termination

We reserve the right, at any time, to modify or discontinue offering the Service in our sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using the Service. You agree that we will not be liable to you or to any third party for any modification, suspension, or termination of the Service.

Service Limitations, Qualifications & Disclaimers

Enrollment in the Service is limited to individuals who are 18 years of age or older. Enrollees may not use scripts or disguised redirects to derive financial benefit from the Service.

Any failure to comply with these terms, any fraud or abuse relating to the accrual or receipt of cash back or other rewards or benefits, or any misrepresentation of any information furnished to Ebates or its affiliates by you or anyone acting on your behalf may result in the termination of your enrollment in the Service and forfeiture of your cash back or other rewards or benefits.

The Service is being provided to member "as is" with no warranty. We reserve the right to terminate the Service at any time with or without notice. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, with respect to the Service.

Member agrees to indemnify and hold Ebates, RCLON, the payment card networks, and each of their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any party due to or arising out of enrollee’s use of the Service.

These terms shall be governed by and construed in accordance with the laws of Ontario, Canada. As a condition of the use of the Service, you (the enrollee) agree to submit to the personal and exclusive jurisdiction of the courts located within Toronto, Ontario, Canada.

If any provision of these terms 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’ 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. These terms constitute the entire agreement between you and Ebates with respect to the Service.

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