heymate! Rewards Inc. ("heymate!") provides, among other things, cashback rewards to heymate! account holders for purchases made at our merchant partners through various platforms, including but not limited to our website and mobile app (collectively, the "heymate! Platforms"). The use of the services (the "Services") available on the heymate! Platforms and any accounts maintained with heymate! are governed by these terms and conditions (the"Agreement"). This Agreement forms a legally binding contract between each individual who uses the Services or maintains an account with heymate!. By using any of the Services or maintaining an account, you acknowledge that you have read, understood, and agree to be bound by all terms of this Agreement. heymate! may update this Agreement from time to time, with or without notice. Your continued use of any Services or maintenance of an account with heymate! will be considered acceptance of any such changes and your consent to abide by the updated terms.

heymate! Rewards Inc. is a Canadian company registered in Canada. heymate!'s cashback services are classified as a loyalty program under applicable regulations. References to cashback in these Terms of Use refer to the loyalty rewards or credits applied to your heymate! account. heymate! Rewards Inc. does not operate or provide financial products as defined under Canadian financial regulations and is not subject to specific financial product regulations.

1. Service License

Under this Agreement, heymate! grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the heymate! Platforms and Services solely for your personal use. You acknowledge that you do not acquire any rights beyond those specifically granted by this Agreement. heymate! retains the right to modify, upgrade, or discontinue any or all of the Services or heymate! Platforms, or any feature thereof, at any time, with or without notice. All rights not expressly granted in this Agreement are reserved by heymate! and its licensors.

2. heymate! Account

To access certain Services, you may need to maintain an account with heymate!. You can create an account at no cost by providing the necessary details. The use of your account and the Services (including the ability to earn cashback) is at the sole discretion of heymate! and subject to your adherence to this Agreement.

An individual may not create or control multiple heymate! accounts. Specifically:

(a) Each mobile number may only be associated with one heymate! account;

(b) Each payment account (e.g., bank account, PayPal account) may only be linked to one heymate! account.

Failure to comply with the terms and conditions, engaging in fraud or abuse related to cashback and/or rewards, or providing false information to heymate! or its affiliates may result in your heymate! account being flagged for suspicious activity, suspended, or terminated. Any accumulated cashback may be forfeited, and any store credit or vouchers purchased may be cancelled.

You are responsible for routinely monitoring your account to ensure that cashback is accurately credited and your balance is current. Any omissions, incorrect entries, or discrepancies must be reported to heymate! within 30 days of the transaction. heymate! reserves the right to disregard any issues reported after this 30-day period.

3. Earning Cashback

heymate! offers the opportunity to earn cashback on purchases made at various merchant partners through our heymate! Platforms. To start earning cashback, you must first create and maintain a heymate! account. The crediting of cashback is subject to various terms, conditions, and requirements, whether express or implied, related to cashback accrual in general or specific to individual promotions. These terms, conditions, and requirements include, but are not limited to:

(a) Ensuring cookies are enabled when accessing the heymate! Platforms and subsequently the merchant partner’s website;

(b) Avoiding the use of separate tabs or browsers while accessing the heymate! Platforms and the merchant partner’s website;

(c) Completing the transaction on the merchant partner’s website before navigating away to any other site after being redirected;

(d) Finalizing the purchase on the merchant’s website within a specified time frame;

(e) Not engaging in fraudulent or dishonest conduct and adhering to the terms of this Agreement or any other terms and conditions set by heymate! or the applicable merchant partner.

Additionally, certain purchases may be excluded from cashback. Generally, cashback is earned on the net purchase amount, excluding shipping and handling fees. However, cashback amounts and exclusions vary by merchant partner, and individual promotions may have specific exclusions. Please review these terms carefully, as exclusions may change without notice. heymate! disclaims any liability for incorrect information or omissions related to exclusions. Common exclusions include (but are not limited to):

(a) Cashback ineligible for purchases of promotional items or when using other discount codes, coupons, or promotions;

(b) Cashback only available when using specified payment methods;

(c) Cashback ineligible for transactions deemed by heymate! as fraudulent or dishonest; and

(d) Different cashback tiers for different users (e.g., separate cashback rates for new and existing users).

4. Merchant Partner Policies

Any products or services purchased from merchant partners, whether through heymate! or otherwise, are governed by the merchant partner’s own policies and terms and conditions. This includes, but is not limited to, their return, cancellation, exchange, and shipping policies. You acknowledge that we are not representatives of any merchant partner, and each merchant operates independently of heymate!. Therefore, any interaction with offers or promotions from a merchant partner is solely between you and that merchant.

heymate! does not accept any liability or responsibility for any aspect of these interactions, including, but not limited to, the withdrawal or modification of offers or promotions. We are not accountable for any changes to or discontinuation of merchant partners on heymate!’s platforms or the termination of any promotions offered by merchant partners. Furthermore, heymate! is not responsible for any impact on cashback accrual resulting from such changes, discontinuations, or withdrawals.

heymate! also disclaims any responsibility for the content, products, or services on the merchant’s platforms, including but not limited to their quality, merchantability, fitness for a particular purpose, or compliance with laws and regulations.

5. Top-ups and Deductions

heymate! reserves the right to adjust your account balance by making top-ups or deductions when deemed necessary, reasonable, or appropriate. This includes, but is not limited to, cases where cashback has been mistakenly credited to your account or if it is determined that you have engaged in fraudulent, dishonest, or otherwise inappropriate behavior that violates this Agreement.

6. Redeeming Cashback

You may redeem your cashback at any time, provided you comply with the terms and conditions of this Agreement and any specific conditions related to the entries in your account. You must have accumulated cashback amounting to at least the minimum redemption value specified and communicated periodically. To redeem your cashback, you must maintain an active account and supply the necessary information required for processing the redemption (e.g., a valid bank account number or e-Transfer details).

7. Nature of Cashback

To clarify, earning cashback does not give you any proprietary rights to the funds or assets held by heymate!. The cashback accrued in your account does not represent funds held in trust by heymate! on your behalf. Your rights and entitlements are strictly limited to the personal or contractual rights of repayment as specified in this Agreement.

8. Termination of Account

Any cashback accumulated in your heymate! account will expire if your account remains inactive (i.e., no successful transactions are made through heymate!) for more than one year. heymate! reserves the right to suspend or terminate your account as outlined in Clause 13 below, or when necessary or reasonable to comply with laws, regulations, or court orders.

9. Personal Data Protection

The personal data we collect is governed by our Privacy Policy, which is incorporated by reference and available on the heymate! website.

10. Taxes

You are responsible for any taxes that may apply to the cashback you redeem. heymate! makes no representations regarding the tax treatment of such amounts.

11. Fraud

heymate! reserves the right to suspend or terminate your account if there is evidence of involvement in fraudulent or dishonest activities. Any breach of this Agreement, fraud, dishonesty, abuse related to the use of the services or your account, or misrepresentation of information provided to heymate! or its affiliates may lead to account termination, cancellation of any purchases (including store credit or vouchers), and/or forfeiture of your accrued cashback rewards.

12. Third-Party Rights

No person who is not a party to this Agreement has any rights to enforce its terms.

13. Communications

By becoming a heymate! user, you consent to receive communications related to your account and user activities (e.g., notifications about cashback additions or payouts to you), as well as periodic text messages, emails about shopping deals, coupons, and special offers available to heymate! users. We may contact you about your account through electronic communications or direct mail using the information you provided during registration. Your consent to electronic communications includes any notices or information we are legally required to provide you in writing. You agree to update us with your current phone number and email address if it changes after you become a member. Additionally, if you install our mobile app, we may send you push notifications.

14. Ownership

All rights, title, and interest in the Services, heymate! Platforms, and associated Content are owned by heymate! or its licensors. Additionally, heymate! retains all rights, title, and interest in "HEYMATE!" and any related logos, marks, service marks, trademarks, or logos (collectively, "heymate! Marks") that are registered in Canada and other countries. The heymate! Marks may not be used in connection with any non-heymate! products or services in a way that could cause customer confusion or disparage heymate!.

You may not bid on, apply for, register, own, or control any keywords or marks that include "HEYMATE!" or anything substantially similar, including domain names such as heymate.com, heymate.ca, and similar variations, with any search engine, domain service provider, or intellectual property office. Additionally, you may not use the heymate! Marks in any ad text, extension, or banner ad without explicit written consent from heymate!. All other trademarks used in providing the Services that are not owned by heymate! are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by heymate!.

15. Community Standards

By creating a heymate! account, you join a community that relies on the goodwill and responsible behavior of all users. You are expected to avoid transmitting or communicating any images or text that includes ethnic slurs, obscenities, sexually explicit content, inflammatory or derogatory comments, or anything that could be seen as harassing or offensive toward the Services, heymate! Platforms, our employees, contractors, agents, merchant partners, or other users. This includes communications on social media or other online platforms that violate these community standards or promote or encourage gaming or fraudulent behavior. Users who violate these standards, as determined at our sole discretion, may have their accounts suspended or terminated without prior notice.

16. Indemnification

You agree to indemnify and hold harmless heymate!, our merchant partners, and their respective officers, directors, employees, successors, agents, and affiliates from any and all claims, damages, losses, and causes of action (including attorneys’ fees and court costs) arising from your breach of this Agreement or from any materials provided by you (or through your username and/or password). You agree to cooperate fully in our defense and/or settlement of any claim. We reserve the right, at our reasonable discretion, to assume exclusive control over the defense and settlement of any matter for which you are indemnifying us.

17. Warranty Disclaimer

The Services, content, and heymate! Platforms are provided “as is” without any warranties, express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, or non-infringement. heymate! does not guarantee the quality, accuracy, or reliability of any information or functionality provided, nor that the heymate! Platforms will be uninterrupted or free of errors or viruses. We also do not guarantee the quality or accuracy of advertisements from affiliate stores. heymate! is not responsible for any issues related to the security of your Payment Method, and you are responsible for resolving disputes with your financial institution.

18. Use of Biometric, Phone, or Third-Party Logins

You may access your heymate! account through third-party logins (e.g., Facebook or Google) or using your phone’s passcode or biometric data. You are responsible for securing your mobile device, passcode, biometric data, and passwords. If your device or passwords are compromised, heymate! is not liable for unauthorized access to your account. heymate! does not store your biometric ID or passwords and relies on third-party services or your device for verification. We are not liable for any disruptions or issues caused by these services.

19. Limitation of Liability

To the fullest extent allowed by law, heymate! is not liable for any indirect damages, including loss of profits or data, even if we were aware of the possibility. Our total liability under this Agreement is limited to CAD$100.

20. Governing Law and Arbitration

This Agreement is governed by Canadian law. Disputes will be resolved by arbitration through the Canadian Arbitration Association (CAA) under its rules. The arbitration will occur in Canada, in English, with a single arbitrator. The arbitrator will decide all issues related to this Agreement and arbitration.

21. Assignment

You cannot transfer your rights or obligations under this Agreement without written consent from heymate!. Any unauthorized assignment is void.

22. Waivers / Severability

Failure to enforce any part of this Agreement does not waive that part. A waiver of any provision on one occasion does not waive it on another occasion. If any part is invalid, the rest remains in effect.

23. Entire Agreement

This Agreement, including any additional terms, is the complete agreement and replaces all prior agreements. We may modify it at any time. Continued use of our services means you accept any changes.

Updated: 2024-08-06