Agreement

01. These Terms of Use (the “Agreement”) constitute a legally binding agreement by and between ReceiptMate, Inc. (hereinafter, “ReceiptMate” or “We” or “we”) and you (“You” or “you” or “Your” or “your”) for the use of ReceiptMate’s website located at www.receiptmate.com/ (the “Website”) and ReceiptMate mobile phone applications (the “Applications”) and the services available through the Website and Applications (the “Services”). 

02. It is important that you read and understand these Terms and the Privacy Policy. By using ReceiptMate, you are taken to have read and agreed to these Terms and the Privacy Policy. If you do not agree with these Terms or the Privacy Policy, you must not use ReceiptMate. These Terms will apply every time you use ReceiptMate. 

 

Privacy Policy

03. By using the Services, you consent to the collection and use of certain information about You, as specified in ReceiptMate’s Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. 

 

Changes to Agreement

04. RECEIPTMATE RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY: (I) THE POSTING OF A NEW VERSION; AND/OR (II) A CHANGE NOTICE ON THE WEBSITE OR APPLICATION. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Services following the date in which the modified or amended Agreement is posted.

 

Eligibility

05. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 16 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.

 

Third-Party Websites and Content

06. These Terms of Service apply to all users of the ReceiptMate Service. The ReceiptMate provided status information may contain links to third party websites that are not owned or controlled by ReceiptMate. ReceiptMate has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, ReceiptMate will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that ReceiptMate shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. 

07. You also understand that by accessing and using the Services, You may encounter information, materials and subject matter that You or others may deem offensive, indecent, or objectionable. ReceiptMate does not endorse nor guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under ReceiptMate’s control, and if you choose to access any such website, you do so entirely at your own risk. You agree that ReceiptMate and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.

 

Third-Party Beneficiaries

08. You acknowledge that these Terms are between you and ReceiptMate and not with the app store provider (i.e. Google Inc. or Apple Inc.). You agree that the app store provider and its affiliates, and the wireless services carrier: (a) are not liable to you in any way whatsoever for the distribution, use, performance or non-performance of ReceiptMate; (b) have no obligation whatsoever to furnish any maintenance or support services to you for ReceiptMate; (c) are not responsible for addressing any claims you may have relating to ReceiptMate or your possession or use of ReceiptMate, including, but not limited to, product liability claims, any claim that the ReceiptMate fails to conform to any applicable legal or regulatory requirements, and any claims arising under consumer protection or similar applicable law; and (d) are not responsible for the investigation, defense, settlement or discharge of any third party claims that ReceiptMate or your possession or use of ReceiptMate infringes that third party’s intellectual property rights.

 

License

09. Subject to your compliance with these Terms of Service, ReceiptMate hereby grants you a non-exclusive, non-transferable license to download, install and Use the App on Your mobile device. This licence is in respect of Your Use of the App only, provided that: (i) your use of the Service as permitted is solely for your personal, non-commercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without ReceiptMate’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

10. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

 

ReceiptMate Access

11. We will use our reasonable endeavours to make the App available to You at all times, but We cannot guarantee an uninterrupted or fault free service. 

12. We reserve the right to make changes to the App or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features, and functionalities of the App.

13. You acknowledge You will not be able to access and Use certain functionalities of the App unless You have internet access through a GPRS, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the Use of the App are subject to Your agreed terms with your mobile network provider.

14. Without prejudice to our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable your access to the App at any time without notice to You in the event you breach any of the provisions herein.
 

15. In the event that We, in Our sole discretion, considers that you are making any illegal and/or unauthorized use of the App, and/or your Use of the App is in breach of these Terms, We reserve the right to take any action that it deems necessary, including terminating without notice Your Use of the App and, in the case of illegal use, instigating legal proceedings.

16. We reserve the right to make any changes to the App or to discontinue any aspect or feature of the App without notice to You.

 

ReceiptMate Usage – Card Feature

17. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide ReceiptMate with your loyalty card number. You may never use another person's loyalty card number without their consent for the Service.

18. For the purpose of ReceiptMate, you agree not to add to ReceiptMate Wallet (a) any government-issued ID card or any other regulated credentials, (b) any credentials where prohibited by applicable law from doing so, (c) any credit card numbers, PINs or photographs or digital representations of any credit cards and (d) any material that is inappropriate in nature (as may be determined by ReceiptMate). This means that any material you upload must not contain, depict or involve (without limitation) any of the following, as determined by ReceiptMate: profanity or otherwise offensive language; nudity or pornographic material; derogatory characterizations of any ethnic, racial, gender, professional, age or religious groups; content that endorses or condones any illegal, inappropriate or risky activity or behaviour or any particular political agenda or message; any content that defames, misrepresents or contains disparaging remarks about other people, products, services, or companies; content that endorses any form of hate or hate group; or any other content that is or could be considered illegal, inappropriate, unsuitable or offensive, all as determined by ReceiptMate.

19. If there is a physical copy of the card, you should keep the physical copy, regardless of whether you have added such Card to ReceiptMate.

 

ReceiptMate Usage – Receipt Storage Feature

20. ReceiptMate also enables you to use your mobile device to upload pictures of your paper receipts; and (2) store the digital representations of the paper or electronic receipts in ReceiptMate (“Receipts”). This feature will digitize your receipts so that you may categorize your Receipts, add notes, organize, search and perform any other functionality as provided in the ReceiptMate. The information contained in the digital representation of your Receipts may also include your name, portions of your card account numbers, description of the good and services, and any other information provided in the paper or electronic receipt (collectively, the “Receipt Data”). Although merchants are required to mask full credit and debit card numbers in the receipt, you should review your paper receipts carefully before you upload them or send them to ReceiptMate. With a compatible device, you can also export Receipts and Receipt Data in .pdf, .csv, and .xls formats to your local device for future use.

21. Certain Receipts functionality will only be available when ReceiptMate can access cellular data or wireless networks. Your Receipts will be automatically backed up when connected to cellular or data networks. 

22. You should keep a physical copy of the Receipt in case a merchant requires one for return or warranty purposes.

 

Risk Assumption and Limitation of Liability

23. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY RECEIPTMATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.

24. YOU AGREE THAT TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL RECEIPTMATE OR ANY OF RECEIPTMATE’S OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS AND SUBCONTRACTORS BE LIABLE FOR ANY DAMAGES (INCLUDING INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, LOSS OF DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE RECEIPTMATE, HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF OR RELATING TO ANY FAILURE TO COMPLETE A TRANSFER OR A PURCHASE AS A RESULT OF RECEIPTMATE NOT WORKING PROPERLY. 

 

Copyright Infringement

25. You acknowledge and agree that the Applications and all intellectual property rights associated therewith are, and shall remain, the property of ReceiptMate. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Applications are the intellectual property and proprietary and confidential information of ReceiptMate. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Applications by implication, estoppel or other legal theory, and all rights in and to the Applications not expressly granted in this Agreement are hereby reserved and retained by ReceiptMate. 

26. All content and other materials available through the Website and Services, including without limitation the ReceiptMate logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are owned by ReceiptMate, Inc. Except as explicitly provided, neither Your use of the Services nor this Agreement grant You any right, title or interest in or to any such materials.

27. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.

 

No Warranties

28. We provides Users with access to the App “AS IS” and “AS AVAILABLE”, to the maximum extent permitted by law, We shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by Use of the App or the Content, or by any failure, delay, interruption or otherwise of the provision of the App or the Content, or by Our failure to perform any of Our obligations under these Terms. 

29. RECEIPTMATE, ON BEHALF OF ITSELF AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER RECEIPTMATE NOR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE, APPLICATIONS OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE, APPLICATIONS OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

Governing Law; Jurisdiction and Venue

30. This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Montreal, Quebec and shall be governed by and construed in accordance with the laws of the Province of Quebec without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

 

Requirement of Arbitration 

31. You agree that any dispute, of any nature whatsoever, between You and ReceiptMate arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration in Montreal, Quebec (unless You and ReceiptMate mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of Quebec, Canada. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, reasonable attorney’s fees) to the prevailing party.

 

General

32. You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the App. These Terms may only be modified with Our prior written consent. We may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the App after such alteration, you will be deemed to have accepted any amendment to these Terms.

33. This Agreement constitutes the entire agreement between ReceiptMate and You concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of ReceiptMate or by the unilateral amendment of this Agreement by ReceiptMate and by the posting by ReceiptMate of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. ReceiptMate may assign or transfer this Agreement at any time, with or without notice to You. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of ReceiptMate. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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34. Click here to access Apple's Terms of Use (EULA): https://www.apple.com/legal/internet-services/itunes/dev/stdeula/