Terms of service
Last Updated:
November 2019
These terms of service apply to all users of the website and the service (“users”, with each particular user hereinafter referred to as “user” or “you” and with the corresponding meanings for terms such as “your”, “yourself” and similar terms). Therefore, please read these terms of service carefully. By accepting these terms of service or by using the website or the service you indicate your acceptance of these terms of service. If you do not accept these terms of service, then do not accept them and do not use the website or the service. These terms of service may be amended or updated by Sensibill from time to time without notice. The terms of service may have changed since your last visit to the website or your last use of the service, and it is your responsibility to review these terms of service for any changes. Your use of the website or the service after any amendments or updates to these terms of service shall signify your assent to and acceptance of such amendments or updates. Any new capabilities that may be added to the website or the service from time to time will be subject to these terms of service unless stated otherwise.
THE SERVICE
Sensibill Inc. and its subsidiaries (collectively, “Sensibill”) maintain the website to provide a service (hereinafter, and as further described in these terms of service, the “Service”) to allow users to receive and store digital purchase receipts, digital return receipts, gift receipts and other digital transaction records. The Service is designed to automate and streamline the receipt of digital receipts and to facilitate the return or exchange of the products and services described in those digital receipts. The Service is also designed to make the use and exchange of gift certificates and receipts more efficient. Additionally, the Service allows the merchants with whom You deal to make product and service offers to You based on Your purchasing activity as tracked by the Service. Finally, the Service provides various fraud prevention tools designed to make your purchase and return activities safer. You acknowledge and agree that all transactions facilitated using the Service will be strictly between the You and the applicable merchant with whom You are dealing and while Sensibill will assist in the delivery and storage of digital transaction records that may be issued by the applicable merchant, Sensibill is not a participant in Your transaction. Sensibill may alter, suspend, or discontinue the website or the Service at any time and for any reason or for no reason, although prior to permanently discontinuing or closing the website or the Service, Sensibill will provide a thirty (30) day period during which Users can download copies of their digital transaction records. The website and the Service may be unavailable from time to time due to maintenance or malfunction of the computer or network equipment or other reasons. The Service and the website may be updated periodically and feature(s), information or capabilities may be added, deleted or altered without notice. You shall not resell the Service, the use of the Service, or access to the Service or any portions of the website or the content of the website. You acknowledge and agree that the Service will be provided with advertisements and merchant offers that will be presented to You as messages or offers in Your Service account and that the presentation of these messages and offers to You is necessary to enable Sensibill to provide the Service. You also acknowledge and agree that Sensibill may send certain communications to You, including Service-related announcements, administrative messages, and other communications, and that these messages are part of the Service and You may not elect to not receive them. If You elect to have any business dealings with anyone whose products or services may be advertised or offered on the website or through the Service, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Sensibill shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the website and the Service and acknowledge that such access may involve third-party fees (such as telecommunications or Internet service provider access or data plan fees). You shall be solely responsible for any such fees and also for obtaining any equipment required to access the website and/or the Service. It is solely Your responsibility to ascertain whether any information or materials downloaded from the website or through the Service are free of viruses, worms, Trojan Horses or other malicious code.
REGISTRATION
You represent that You are of legal age to form a binding contract and are not a person barred from receiving online services under the laws of Canada or any other applicable jurisdiction. If You are under eighteen (18) years of age, please do not use the website or the Service. You will be required to register in order to use the capabilities of the website and the Service beyond simple browsing. If You register, You agree to (a) provide true, accurate, current and complete information about Yourself as prompted by any registration functions on the website or the Service (such information being the “Registration Information”); and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or if Sensibill has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sensibill shall have the right to suspend or terminate Your right to receive the Service and any or all privileges on the website (or any portion thereof) and to refuse any and all current or future use of the Service and/or the website (or any portion thereof). As part of Your registration You will be given a Service account. You shall not allow anyone else to use Your account, nor shall You use anyone else’s account. You shall keep Your account password secure and You shall not provide it to anyone else. You shall immediately notify Sensibill if someone else is using your account or if You suspect there has been some unauthorized use of Your account or some breach of the security of Your account. You shall be solely responsible for all activity that occurs using your account. Sensibill will not be liable to You or to any third party for any use (whether authorized or unauthorized) of Your account. You acknowledge and agree that Sensibill may access and/or disclose Your account and related information if required to do so by law or if Sensibill has a reasonable belief that such actions are required to (i) comply with legal obligations imposed on Sensibill or any subpoenas, investigative demands, or court orders directed to Sensibill; (ii) enforce or fulfill these terms of service; or (iii) protect the rights, property or safety of Sensibill, other Users and/or the general public.
CONDUCT
You shall not (a) copy or distribute any part of the website or the Service (including all of the contents of the website); (b) alter or modify any part of the website or the Service; (c) impersonate any person or entity or misrepresent their affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the website or the Service to impersonate another person or organization; (e) upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or communications or other equipment or data or the website or the Service or that of any other Users of the website or the Service; (f) interfere with or disrupt the website or Service or servers or networks connected to the website or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the website or the Service; (g) violate any applicable local, state, provincial, national or international law or regulation; or (h) collect or store personal data about other Users. You also agree not to access the website or the Service in a manner that utilizes the resources of the website or the Service more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines that comply with the robots.txt exclusion standard may use spiders or other bots for the purpose of creating publicly available, searchable indices of the materials on the website. You acknowledge and agree that Sensibill may establish limits on the disk space or other resources that may be allocated to You.
INTELLECTUAL PROPERTY RIGHTS
You shall retain all of Your ownership rights (including all intellectual property rights) in any digital records or other materials that You receive from third parties with whom You transact and which You receive through Your use of the Service (hereinafter “User Data”). Sensibill hereby grants You a non-exclusive license to use the website and the Service and if Sensibill sends any material to You via Your Service account, then Sensibill hereby grants You a non-exclusive license to use and copy such materials for Your personal purposes (the “Service Use License”). The Service Use License shall terminate immediately if these terms of service are terminated, if Your right to use the Service is terminated, or if Your Service account is revoked. By using the Service, You hereby grant Sensibill a worldwide, non-exclusive, transferable, irrevocable, perpetual, paid-up, royalty-free license (in all media formats and channels, including media formats and channels that may subsequently evolve or develop) in respect to Your User Data to use, copy, prepare derivative works of and otherwise exploit Your User Data for (i) the provision of the Service, and (ii) analyzing and data mining Your User Data to create aggregated and anonymous statistics regarding, among other subjects, and without limitation, purchasing and other commercial activities and trends and demographic data and behaviour as further described in our Privacy Statements (collectively, the Sensibill Aggregate Data”). You acknowledge and agree that Sensibill shall own all right, title and interest in and to the Sensibill Aggregate Data, including, without limitation all intellectual property rights. The foregoing license shall survive if these terms of service are terminated and also if You stop using the Service. If You provide Sensibill with any suggestions, comments or other feedback (“Feedback”) relating to the website or the Service, Sensibill may use such Feedback in the website or the Service or in any other Sensibill products or services (collectively, “Sensibill Offerings”). Accordingly, You agree that (a) Sensibill is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Sensibill; (c) Sensibill (including all of its successors and assigns and any successors and assigns of any of the Sensibill Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize the Feedback in any Sensibill Offerings; and (d) You are not entitled to receive any compensation or reimbursement of any kind from Sensibill or any of the Users of the website or the Service.
DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, SENSIBILL DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT (i) THE WEBSITE OR THE SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE WEBSITE OR THE SERVICE OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENSIBILL SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, DURABILITY, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SENSIBILL DOES NOT PROVIDE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED TO YOU BY ANY THIRD PARTY THROUGH THE WEBSITE OR THE SERVICE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR IN THE SERVICE OR CONTAINED IN ANY OFFERS OR MESSAGES THAT YOU MAY RECEIVE THROUGH THE SERVICE, AND SENSIBILL SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SENSIBILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOST SAVINGS REPLACEMENT EQUIPMENT OR DATA, OR OTHER PUNCIARY OR ECONOMIC DAMAGES) THAT ARISE FROM OR RELATE TO (I) YOUR USE OF OR YOUR INABILITY TO USE, THE WEBSITE OR THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES; (III) ERRORS, MISTAKES, OR INACCURACIES IN ANY MATERIALS MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, THE SERVICE OR ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICE; OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIALS MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE, INCLUDING ANY MESSAGES OR OFFERS THAT MAY BE MADE TO YOU BY THIRD PARTIES THROUGH THE SERVICE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF SENSIBILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION
YOU SHALL INDEMNIFY AND HOLD SENSIBILL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO ANY DEMANDS, CLAIMS, THREATS, ACTIONS, PROCEEDINGS MADE BY ANY THIRD PARTY AGAINST SENSIBILL DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE OR THE SERVICE, ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
BENEFICIARIES
Every right, exemption from liability, release, defence, immunity and waiver of whatsoever nature applicable to Sensibill under this Agreement shall also be available and shall extend to benefit and to protect Sensibill’ affiliates and its and their officers, directors and employees and for such purposes Sensibill is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such companies and persons.
LINKS TO THIRD-PARTY WEBSITES
The website and the Service and messages and offers provided to You through the Service may contain links to other websites that are not owned or controlled by Sensibill. Sensibill is not responsible for the content of any linked websites. Any third-party websites or services accessed from the website or Service or messages and offers provided to You through the Service are subject to the terms and conditions and privacy policies of those websites and/or services and You are responsible for determining those terms and conditions and policies and complying with them. The presence on the website or in the Service of a link to any non-Sensibill websites does not imply that Sensibill endorses or accepts any responsibility for the content or use of any such websites.
JURISDICTIONAL ISSUES
These terms of service are governed and interpreted pursuant to the laws of the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to these terms of service. The application of the United Nations Convention on Contracts for the International Sale of Goods to these terms of service is expressly excluded. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario, Canada. Any dispute that You bring against Sensibill arising out of or relating to these terms of service, the website, the Service or any materials made available through the website or the Service shall be resolved by arbitration conducted in the English language in Toronto, Ontario, Canada. For any such arbitration, the parties shall appoint as sole arbitrator a retired judge who presided in the Province of Ontario. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, the application may be made to any court for a judicial acceptance of the award or order of enforcement. Sensibill shall be entitled to bring any action, proceeding or claim against You, or seek injunctive relief, security, or other equitable remedies, in any court of competent jurisdiction.
TERMINATION
Sensibill may, under certain circumstances and without prior notice, immediately terminate Your ability to access the website or receive the Service or portions thereof. Cause for such termination shall include, but not be limited to (a) breaches or violations of these terms of service or any other agreement that You may have with Sensibill; (b) requests by law enforcement or other government agencies; (c) a request by You; (d) discontinuance or material modification to the website or the Service (or any part thereof); (e) unexpected technical, security or legal issues or problems; and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the website or the Service may also include removal of some or all of the materials stored by or for You in the Service. You acknowledge and agree that all terminations may be made by Sensibill in its sole discretion and that Sensibill shall not be liable to You or any third-party for any termination of Your access to the website or the Service or for the removal of any of the materials stored by or for You in the Service. Any termination of these terms of service by Sensibill shall be in addition to any and all other rights and remedies that Sensibill may have.
ENFORCEMENT OF TERMS AND CONDITIONS
If any part of these terms of service is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Sensibill to exercise or enforce any right or provision under these terms of service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Sensibill must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Sensibill of any provision of these terms of service shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to the website or the Service or Your use of the website or the Service must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
COPYRIGHT AND TRADEMARK INFORMATION
The website, the Service and the information and materials that it contains (other than User Data), are the property of Sensibill and its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. Sensibill is a trademark or a registered trademark of Sensibill, Inc. in Canada and certain countries. All Sensibill product names and logos are trademarks or registered trademarks of Sensibill. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on the website or in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or the Service or any materials displayed on the website or in the Service, through the use of framing or otherwise, except (a) as expressly permitted by these terms of service; or (b) with the prior written permission of Sensibill. You shall not attempt to override or circumvent any of the usage rules or restrictions on the website or in the Service.
ASSIGNMENT
You may not assign these terms of service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Sensibill’ prior written consent. Sensibill may assign these terms of service, or any rights or licenses granted hereunder, at any time without notice.
SURVIVAL
In addition to Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, all representations, warranties and conditions made by You in these terms of service shall survive the termination of these terms of service. Unless otherwise explicitly identified as terminating elsewhere in these terms of service, all licenses granted by You in these terms of service shall survive termination of these terms of service.
ENTIRE AGREEMENT
These terms of service, together with Sensibill’ Privacy Statements, constitute the entire agreement between the parties relating to the website and the Service and all related activities. These terms of service shall not be modified except in writing signed by both parties or by a new posting of these terms of service issued by Sensibill Inc.