terms and conditions
LAST UPDATED December 2, 2022Welcome to Reklaim Ltd. (“Reklaim,” “we” or “us”) Reklaim provides consumers (“you”) with services (the “Services”) that allow you to view, control, protect, and be compensated from the data (you “Data”) you and other users (the “Users” of the Platform and/or Services) provide to Reklaim. The Services provided through the mobile application (the “Platform”) allow you to be compensated (should you choose to) for sharing your data, which can manifest in numerous ways. For example, we may ask you to provide Data by asking you to: complete polls, complete your onboarding profile, , or share information about your device(s).
It is important to understand this Agreement. By visiting the Platform or using the Services, you agree that you have read this Agreement and consent to be bound by this Agreement. IF YOU DO NOT AGREE, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM OR SERVICES. This Agreement contains disclaimers of warranties and limitations on liability that may apply to you.
Changes to this Agreement
We may change or terminate this Agreement from time to time with or without cause. Changes may include, but are not limited to:
changes in the terms and conditions of this Agreement;
changes in the Services, including the elimination or discontinuation of any feature(s) of the Services;
the termination of the Services and/or Platform in certain jurisdictions; or
the termination of your use of and/or access to the Services.
Each time you use the Reklaim Platform (i.e., our App) and/or Services, the most current version of the Agreement will govern. If we make changes to the Agreement, we will notify you by revising the “Last Updated” date at the top of this Agreement. If you find any changes to this Agreement unacceptable, you agree that your only recourse is to stop using the Platform,, stop using the App and/or stop using the Services. Your continued use of the the App and/or any of the Services following a change or changes to this Agreement constitutes your binding acceptance of the change or changes. Consult this Agreement regularly for any changes.
2. Eligibility / Permitted Users
Services are provided for residents of Canada (“CA”) and the United States (“US’) (generally defined as “Permitted Users’) who are at or exceed the Minimum Age (as defined below). If you are not a Permitted User, you may not use the Services. If you are under the Minimum Age (as defined below), you may not use the Services. By visiting the Platform and using the Services via the the App, you represent and warrant that (i) you are a resident of one of the permitted countries and over the Minimum Age (as defined below), and (ii) you are fully able and competent to enter into this Agreement and be bound by its terms, conditions, obligations, affirmations, representations, and warranties. “Minimum Age” is 18 years of age.
3. Service Providers Outside of Canada
Occasionally, we use service providers outside of Canada to process and/or store Personal Information (as defined below). Please note that Personal Information (as defined below) in the custody of these service providers may be subject to (i) the terms, conditions, and privacy policies of these service providers, and/or (ii) access by the law enforcement authorities of those jurisdictions in which the service providers are located.
Our Privacy Officer, whose contact information is provided below, can provide further information about our policies and practices regarding service providers located outside of Canada and how these service providers collect, use, disclose, or store Personal Information (as defined below) on Reklaim’s behalf.
If you have any questions or wish to access your Personal Information (as defined below), please write to our Privacy Officer at:
Reklaim Ltd.
Privacy Officer
PO Box 60029 Etobicoke RPO
Thorncrest, ON
M9A 5G2
e-mail: privacy@reklaimyours.com
4. Permitted Use of Services and Information
The services made available on, by, or through the Services, which include any information provided on, by, or through the Platform or Services or as part of or in connection with the Platform or Services or otherwise, including, but not limited to, data, text, graphics, designs, logos, images, audio/visual materials, links, and references are provided for personal use only. Without the written consent of Reklaim, no information or any other Reklaim materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.
You are not permitted to use any material generated by the Services or located on the Platform in any form, including, but not limited to, printed copies, for any for-profit, commercial purpose or resale. Reklaim permits you to view and print a reasonable number of copies of pages located on the Website or App or provided through the Services for your personal use, provided that (i) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (ii) you provide attribution to Reklaim, (iii) the material printed is not modified, reformatted or adapted in any way, and (iv) any such copies are subject to the terms and conditions of this Agreement. You understand and agree that you may not authorize any information generated by or from or in connection with the Services to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of such information. You agree to advise us promptly of unauthorized use you are aware of. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and/or other proprietary rights of Reklaim or others.
5. Account Registration
How To Access the Services
To access the Services, you will be required to register an account (“Your Account”, “Account”, “Accounts”). Your Account will allow you to access all of your information regarding transactions involving your Data, including a record of transactions and your account balance. Your Account will be our only method of rendering payment to you for these transactions.
We reserve the right at our sole discretion to not provide the Services to any person for any reason. To register Your Account, you agree to (i) provide accurate, current, and complete information about yourself as prompted (including your email address and phone number), (ii) maintain and update your information (including your email address and phone number) to keep it accurate, current, and complete, and (iii) limit yourself to a single Account per individual. You agree to keep your Account registration information up to date at all times. You acknowledge that if any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Services.
Should Your Account be associated with incorrect or invalid information, such as personal data that has changed or is invalid, you may be unable to earn points for completing tasks or offers. Neither Reklaim nor their partners are required to credit any points for completed points tasks or offers if such completion occurred while any invalid information was associated with Your Account.
If we suspend or terminate Your Account for any reason in accordance with this Agreement, you cannot recreate Your Account without our express written permission. You are solely responsible for maintaining the confidentiality of Your Account credentials. If you believe someone has used Your Account without your authorization, you should inform us immediately and set up a new password.
Please note that we have no obligation to conduct any background checks to verify your identity or the integrity of any information, including, without limitation, your Personal Information (as defined below) you provide to us when registering Your Account or at any time when you use the App and/or our Platform or Services. Nonetheless, at our sole discretion, we may refuse to set up or terminate Your Account if we feel you are violating applicable law and/or this Agreement.
Reklaim reserves the right in its sole and absolute discretion to terminate Your Account in accordance with the Term and Termination provision below if you take any of the following actions:
use a VPN to disguise, mask or otherwise misrepresent your location;
create multiple registered Accounts on a single device;
use the same email address or phone number to create multiple registered Accounts from multiple devices;
modify your email address to misrepresent your identity to create multiple registered Accounts;
use multiple email addresses to create multiple registered Accounts;
misrepresent the mobile carrier associated with a device; or any other action that Reklaim deems in its sole and absolute discretion to be a misuse of the Services and a breach of this Agreement.
Finally, any Account that has not been logged into and for which no rewards have either been earned or redeemed for 180 days or more may be deemed inactive and the Account closed. In such instances, to request Account reactivation (subject to such terms, limitations, and requirements as we may impose from time to time), you may reach us by using the “Contact Us,” “Get in touch,” or similar contact link in the footer of any of the Reklaim sites or applications. We may modify our inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account without any compensation or further obligation to you.
How You Get Paid
Your Account balance will increase as you share your Data to be licensed to Purchasers (as defined in the Reklaim Privacy Policy). Our sole method of rendering payment to you is through Your Account. If you decide to terminate Your Account, you agree to abide by the termination provisions regarding acceptance and collection of payment before terminating Your Account (see paragraph 14 below). While Your Account is active, you can redeem points accumulated to Your Account by either using cryptocurrencies, gift cards/VISA prepaid cards, or other options provided by Reklaim. Accumulated proceeds can only be redeemed after the first thirty (30) days of Your Account activation if the balance in Your Account has reached a minimum balance of $10.00 and once your email address has been validated (the “Redeemable Proceeds”). No more than one (1) redemption per User will be allowed within a thirty (30) day period or as set by the Platform regionally.
6. Currency
Users will earn proceeds in the country's currency that they are registered.
7. Assignment of Interest to Reklaim
You agree that you are not entitled to, and will not receive interest or other earnings on the funds you earn while they remain in, or unclaimed in, Your Account. In consideration for your use of the Services, you irrevocably transfer and assign to Reklaim any ownership rights you may have in any interest that may accrue on funds held for you in Your Account or in any pooled account.
8. Grant of Limited and Additional Terms of App Provider
Users are required to download the App from the official App Store and use the most recent updated version of the App to access the services. Subject to your compliance with this Agreement, Reklaim grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on your mobile devices and/or visit the website on your computer that you own or control and to run such copies of the App on your phone, and website on your computer or tablet, solely for your own use in relation to the Services (the “License”).
This License is further limited by any terms of use or privacy policies required or provided by the vendor and/or mobile o/s platform from whom you purchased and/or downloaded the App (the “App Provider”). The following additional terms and conditions apply if you download the App through an App Provider.
You acknowledge and agree that:
This Agreement is between you and Reklaim only and not with the App Provider;
Your use of our App must comply with the App Provider’s then-current applicable terms and conditions and privacy policies;
Reklaim is solely responsible for the App and the Services available thereon. The App Provider has no obligation to provide maintenance and support services for the App, the rest of the Platform or the Services;
In the event of any failure of the App to conform with any applicable warranty, you may notify the App Provider who will refund the purchase price for the App (if applicable) and to the extent permitted by law, the App Provider will have no other warranty obligation whatsoever concerning the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty will be the sole responsibility of Reklaim;
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
Reklaim will be responsible, to the extent required under this Agreement, for the investigation, defense, settlement, and discharge or any third party intellectual property infringement related to the App or your possession and use of the App;
The App Provider and its subsidiaries are third party beneficiaries of this Agreement as relates to your License of the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your License of the App against you as a third-party beneficiary thereof;
You must comply with all applicable third-party terms and conditions and privacy policies when using the App (e.g., you must not violate your wireless data service provider terms of agreement and privacy policies when using the App); and
You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or the US Government has designated that as a “terrorist supporting” country, (ii) you are not listed on any US Government list of prohibited or restricted parties, (iii) you are not in violation of the US Foreign Corrupt Practices Act of 1977, and (iv) you are not in contravention of any US, international or other money laundering regulations or conventions, including, without limitations, the United States Bank Secrecy Act, the United States Money Laundering Control Act of 1986, the United States International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001, Trading with the Enemy Act (50 U.S.C. SS1 et seq., as amended), or any foreign asset control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto (collectively, OFAC Regulations).
9. Permissions
If you are using the App and/or the rest of the Platform, to enhance your user experience, we will ask you for permission to access and collect information from your mobile device (and in some cases, your browser) to operate additional functionalities of the Services. Information about what data we collect and how we collect, store and use this information is available in our Privacy Policy, which is incorporated into this Agreement by reference.
10. Promotional Communications
You agree that we may send you communications (via e-mail, SMS/MMS, or through the Services) regarding your use of the Services and certain features or applications of the Services you may be interested in. You consent to receive communications, newsletters, or offers from us regarding third-party products and services; you authorize Reklaim to deliver such communications to you via email, SMS/MMS, or through the Services. Reklaim abides by all applicable anti-spam legislation, including unsubscribe functions surrounding any Reklaim promotional communications.
Since the transactions specifically involve the sale of your Data (which is generally considered Personal Information, as defined below, including your email address and phone number), to third parties, and since Reklaim does not have access to nor does it regulate third party unsubscribe processes, you may have to engage with the applicable third-party Purchasers to initiate their unsubscribe processes. Reklaim makes reasonable efforts to engage with third parties who adhere to applicable anti-spam and privacy legislation but hereby disclaims any obligation to monitor or ensure third-party compliance with anti-spam legislation in the appropriate jurisdiction. You hereby acknowledge that the Reklaim Ltd. Parties (as defined below) are not liable for any failure on behalf of any third party to unsubscribe you from said third party’s promotional communications. If you continue to receive promotional communications through third parties despite following their unsubscribe processes, you hereby acknowledge that your only recourse is to terminate your Account.
If you do not consent to receive this communication or opt-out from marketing emails, we may still send you non-promotional service communications about your Account.
11. Acceptable Use Policy
You agree not to use the Services to take any action or actions or to post any information, data, messages, images, names, links, communications, files, or other materials (collectively, the “Content”) that:
is contrary to Reklaim’s public image, goodwill, or reputation;
infringes on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy;
expresses or implies that any of your statements, activities, or causes are endorsed by us, without our prior written consent in each instance;
violates any applicable law, statute, ordinance, or regulation, or encourages any conduct that could constitute a criminal offense or give rise to civil liability;
is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic, or obscene;
transmits any trade-secret or other material, non-public information about any person, company, or entity without the express, written authorization to do so;
restricts or inhibit any other visitor from using the Services, including, without limitation, through “hacking” or defacing any portion of the Services;
modifies, adapts, sub-licenses, translates, sells, reverse engineers, decompiles, or disassembles any portion of the Services;
removes any copyright, trademark, or other proprietary rights notices contained in or on the Services;
sublicenses, sells, rents, leases, transfers, assigns, or conveys any rights under this Agreement to any third party, or otherwise commercially exploits or profits from the information or content of the Services, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
interferes with or disrupts any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Reklaim or its licensors or suppliers;
uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Platform or the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents, authentication, and security measures;
forges headers or otherwise manipulates identifiers to disguise the origin of any submission;
uses a VPN service to disguise, mask or otherwise misrepresent your or any other person’s location;
creates multiple Accounts;
executes any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Services’ servers or any data not intended for you; and/or
harvests or collects information about the Platform Services or other visitors or members without their express consent.
We reserve the right to, but undertake no obligation, to investigate and prosecute any of the above to the fullest extent of the applicable law. We may, at our sole discretion, remove, disable, edit and monitor any Content for any reason without notice to you. Any use of the Services that is contrary to this Agreement, including this Acceptable Use Policy, may result in termination of your access to and use of the Services and/or civil or criminal liability. You acknowledge that we have no obligation to monitor your use of the Website, App or Services, including Content, but we have the right to do so to operate the Website, App and Services, to ensure your compliance with this Agreement and our Privacy Policy and to ensure our compliance with any court, administrative agency or government body.
12. Ownership
The Services are owned and operated by Reklaim and its licensors, and the information and services (and any intellectual property and other rights relating thereto) are and will remain the property of Reklaim and its licensors and suppliers. The Services are protected by Canadian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as outlined in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without our prior written permission. The Services may be used solely (i) to the extent permitted in this Agreement, or (ii) as expressly authorized in writing by us or, if so indicated in writing by Reklaim, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.
The trademarks, logos, and service marks displayed on the Services (collectively, the “Trademarks”) are the registered and unregistered trademarks of Reklaim, Reklaim licensors and suppliers, and/or others. Nothing contained in this Agreement, the Platform or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Reklaim, Reklaim’s licensors or suppliers, or the third-party owner of any such Trademark, except as outlined in the following paragraph.
13. Claims of Copyright Infringement
If at any time you become aware of any Content on the Services that you believe infringes your copyright, please report this to us by submitting a notice of claimed infringement, in the form mandated by the Copyright Act, RSC 1985, c C-42 (the “Copyright Act”) at section 41.25(2). You can submit this notice of claimed infringement to us at info@reklaimyours.com or write to us at:
Reklaim Feedback
Reklaim Ltd.
PO Box 60029 Etobicoke RPO
Thorncrest, ON
M9A 5G2
Upon receiving your notice of infringement, we will forward this notice to the appropriate individual associated with the infringing Content, maintain a record, and inform you of delivering such notice, in accordance with section 41.26(1) of the Copyright Act.
14. Term and Termination
This Agreement is effective from the date on which you first access the Services or submit any information to us, whichever is earlier, and shall remain effective until terminated in accordance with this Agreement. Reklaim may immediately terminate this Agreement and/or your access to and use of the Platform or Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Reklaim may also terminate this Agreement immediately if you breach or fail to comply with any term or provision of this Agreement in its sole and absolute discretion.
Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, you shall no longer have access to your Account balance, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise.
We abide by strict privacy guidelines to safeguard your privacy to the extent that we are able, which includes deleting all personally identifiable information about you when you delete Your Account. Since we can only interact with you through Your Account and have limited means to confirm your identity outside of Your Account, you agree to maintain Your Account to access your Redeemable Proceeds. If you decide to delete Your Account in accordance with this Agreement, you hereby agree that you are solely responsible for claiming all proceeds owed to you up to and including the date of termination, and you hereby release Reklaim Ltd. Parties (as defined below) from any and all obligations to deliver proceeds to you at any time after you have terminated your Account.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services or any part or portion thereof. Nothing in this Agreement shall be construed to obligate Reklaim to maintain and support the Services, or any part or portion thereof, during the term of this Agreement. We are not liable to you or any third party for any direct or indirect consequence of any modification, malfunction, suspension, discontinuance, or interruption to or of the Services or the Content available on the Service.
15. Disclaimers
The Services, including but not limited to the App and Website, are provided “as is” and “with all faults” and without warranties of any kind, either express or implied, and all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, completeness, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance, or usage of trade, and any warranties that the services are current and/or up-to-date are hereby expressly disclaimed to the fullest extent permissible under applicable law.
There is no warranty, representation, or guarantee that the Platform or Services, or your use of the Platform or Services will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Platform or Services, or any information, software, or other material accessible from the Platform or Services, are free of viruses or other harmful components. We do not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Platform or Services, either in terms of its compatibility with hardware or other software or equipment, and you assume all responsibility and risk for your use of the Services and your reliance thereon.
Reklaim makes no warranty, representation, or guarantee with respect to products and services offered by third parties on the Platform or Services. We specifically disclaim any warranty, representation, or guarantee with respect to the quality, safety, legality, or other characteristics of such products and services, or with respect to the conduct of any third party in connection with such offers or sales.
You are solely responsible for all your communications with other Users (if applicable) of the Website, App, and Services. You acknowledge that Reklaim is not obligated to, nor responsible for, screening Users or verifying the statements of the Users of the Website, App, and Services. Reklaim makes no representations or warranties as to the conduct of the Users of the Website, App and/or Services. You agree to take all reasonable precautions in all your communications with others on the Website, the App, or in any way while using the Services.
16. Limitation of Liability
To the maximum extent permitted by the applicable law in your province, state, or territory, notwithstanding the failure of essential purpose of any limited remedy of any kind, neither Reklaim nor any of its parents, subsidiaries, affiliates, shareholders, members, licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without limitation any loss of profits, lost savings, or loss of data) or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the Services, the Platform and/or any linked website whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to the Services and/or the Platform (including the Website and the App and/or any linked website or mobile app), is to stop using the Services and/or the Platform, the Website and/or any linked website and/or the App, as applicable. Neither Reklaim nor any of its parents, subsidiaries, affiliates, shareholders, members, licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives will have any liability to you for any damages, expenses, or other liability incurred by you as a result of (i) any inaccuracy, incompleteness, or misrepresentation of any information, content, postings, or submissions provided or posted on the Platform or Services by third parties, or (ii) your purchase of any third-party products or services through the Platform or Services.
You recognize and agree that this limitation of liability is just and reasonable.
17. Indemnification
You agree to fully indemnify, defend, and hold Reklaim, our parents, subsidiaries, affiliates, shareholders, members, licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives (collectively, the “Reklaim Ltd. Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your breach of this Agreement, including, but not limited to, the Acceptable Use Policy; (ii) any allegation that any materials you submit to us or transmit in relation to the Platform, the Services, via the Website and/or any linked website and/or the App, infringe or otherwise violate the copyright, patent, trademark, trade-secret, or other intellectual property or other rights of any third party; (iii) your activities in connection with the Platform, the Services and/or the Website and/or any linked website and/or the App; and/or (iv) your negligence, wilful misconduct or violation of any law, regulation, intellectual property right or other right or rights of a third party.
18. Release
If you have a dispute with one or more other Users of the Platform, the Services and/or the Website and/or any linked website and/or the App, you agree to release the Reklaim Ltd. Parties from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
19. Jurisdictional Issues
Reklaim makes no representation that the Services operate (or are legally permitted to operate) in all geographic areas or that the Services are appropriate or available for use in other locations. Accessing the Services from territories where the Services or any content or functionality of the Services or portions thereof are illegal is expressly prohibited. If you choose to access the Services, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws. The Services are operated from Canada and the United States. If you are located outside of Canada and choose to use the Services or provide your information to us, your information will be transferred, processed, and stored in accordance with Canadian privacy laws. Canadian privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement followed by your submission of information in connection with the Services represents your agreement to this practice.
If you do not want your information transferred to or processed, or stored in Canada and/or the United States, you should not use the Services. Your use of the Services outside of Canada or the United States is at your own risk. You may wish to consult a legal professional in your own jurisdiction about the exact implications of using the Services outside of Canada.
20. Dispute Resolution; Governing Law
You and Reklaim hereby agree to settle any and all disputes or claims arising from or relating to this interpretation, application or alleged breach of this Agreement, as amended from time to time (the “Claims”) by final and binding arbitration by a single arbitrator. You and Reklaim hereby waive the right to sue in court and have a trial, by jury or by judge alone, as applicable, in your jurisdiction. You and Reklaim also hereby agree that each may bring a claim against the other only in an individual capacity, and not as a plaintiff or class member in any purported class action. You and Reklaim further agree that no arbitrator or judge may consolidate more than one person’s Claims or otherwise preside over any form of representative or class proceeding unless otherwise agreed upon in writing by you and Reklaim. For the avoidance of doubt, you hereby waive any right to participate in a class action against Reklaim, whether as a member of a class or a representative, in respect of any Claims, legal proceedings or matters whatsoever between you and Reklaim, before any court, arbitration forum or tribunal. This Agreement shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflicts of laws provisions. Any arbitration between you and Reklaim will be administered under the laws of the Province of Ontario, Canada, per the then-current Canadian Arbitration Rules of the International Centre for Dispute Resolution.
Any judgment award rendered under such arbitration may be entered into any court having jurisdiction; provided, however, you hereby agree that if the arbitrator’s award, final ruling, or judgment is in your favor, Reklaim will pay you the lesser of (i) the amount of the arbitrator’s award, (ii) the most recent written settlement offer made to you by Reklaim, if any, and (iii) CAD$1,000, in full settlement of the arbitrated dispute. The cost of the arbitration shall be borne equally by both parties, provided each party shall be responsible for their respective attorneys’ fees.
21. Personal Information and Privacy, Reklaim and data breaches
All information provided to or collected by us in connection with your use of the Platform and/or the Services, including information that may identify you and/or information that is considered personal data or personal information under applicable privacy or data protection laws (“Personal Information”) will be collected, used and disclosed per our Privacy Policy, which is incorporated herein by reference. In the event of any conflict between this Agreement and the Privacy Policy, the Privacy Policy shall prevail to the extent of such inconsistency. Our Privacy Policy may be amended or updated from time to time, at our sole discretion. We will notify you of any changes by posting the new Privacy Policy on our website. Each time you use the Platform, the Website, App, and/or Services, the most current version of the Privacy Policy will apply. Each time you use our Services, you consent to the collection, use, and disclosure of your Data (which may include your Personal Information by Reklaim per our Privacy Policy, as amended. As applicable, we will not materially change our privacy practices without your consent and/or the consent of affected users.
Reklaim believes that consumers have a right to know if they were victims of a data breach. Fortunately, some laws require companies that experience a data breach to notify persons affected by the breach. As a public service, but not directly as part of the Platform or Services defined herein, Reklaim enables you to look up whether your data was breached. In order to provide that public service, we may obtain non-sensitive personal data from data breaches to the extent such data is lawfully obtained (the “Breach data”). The Breach data will typically include names, emails, phone numbers, postal address, demographic data, and interest data but will not include sensitive information such as credit card data, bank details, or Governmental IDs. The Breach data is maintained separately from all other Reklaim data (including the Data collected via the Platform and Services) and only used to enable a User to see if their data was part of the data breach. We only merge the Breach data with Data collected via the Platform and Services if you set up an account and instruct Reklaim to bring the applicable Breach data into their Account. We otherwise make no claims regarding the accuracy of the Breach data and disclaim all liability for the Breach data (if any) that Reklaim may enable you to view.
22. Territory and Partner Specific Information California
California Civil Code Section 1789.3 accords California residents the right to receive the following specific consumer rights notice, which we hereby offer as a convenience to you:
The name and address of the Service provider is Reklaim Inc., P.O Box 60029 Etobicoke RPO, Thornrest, ON. M9A 5G2. Complaints regarding the Service or requests to receive further information regarding the use of the Services may be sent to the above address or info@reklaimyours.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
23. Miscellaneous
(a) Governing Law: This Agreement is governed by and is to be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and treated in all respects as an Ontario contract. Subject to paragraph 18 above and subparagraph 21(b)(ii) below, the parties to this Agreement hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.
(b) Severability: (i) Subject to subparagraph 21(b)(ii) below, if any provision of this Agreement is determined to be illegal, unenforceable or excessively broad as to duration, scope or activity, then that provision shall be construed so that the remaining provisions of this Agreement shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad provision shall be deemed, without further action on the part of either party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction; (ii) If paragraph 18 of this Agreement is determined to be illegal, unenforceable or excessively broad as to duration, scope or activity, then, pursuant to subparagraph 21(a) above, any Claim will be exclusively decided by a court of competent jurisdiction within the Province of Ontario, and you and Reklaim agree to submit to the venue, personal and subject-matter jurisdiction of that court.
(c) Entire Agreement: This Agreement, including the Privacy Policy, which has is available here, is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.
(d) No Waiver: The failure of Reklaim to enforce any right or provision in this Agreement does not constitute a waiver of that right or provision. This Agreement may not be changed, waived, or modified except by us as provided herein or otherwise by written instrument signed by Reklaim. Employees of Reklaim are not authorized to modify the terms of this Agreement, either orally or in writing. If any employee of Reklaim offers to modify this Agreement, they are not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on any statement or communication from an employee of Reklaim or anyone else purporting to act on Reklaim’s behalf. This Agreement is between you and Reklaim; there are no third-party beneficiaries except as indicated herein.
(e) Relationship: Nothing in this Agreement shall be deemed or construed to constitute an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Reklaim may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly stated otherwise, legal notices shall be served on Reklaim’s national registered agent (in the case of Reklaim) or to the email address you have designated on your Account (in your case). Notice to you shall be deemed given twenty-four (24) hours after the email is sent.
(f) Headings: Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
(g) Survival: The provisions of this Agreement addressing disclaimers, representations, and warranties, limitation of liability, releases, indemnity obligations, intellectual property, severability, notices, and governing law shall survive the termination of this Agreement, your registration with the Website and/or use of the Website, App and/or Services.
24. Contact Us
If you have any questions, comments, or concerns relating to this Agreement, please contact us at info@reklaimyours.com, or write to us at:
Reklaim Feedback
Reklaim Ltd.
PO Box 60029 Etobicoke RPO
Thorncrest, ON
M9A 5G2