123 Technology Inc. – OTT Pocket Application Terms and Conditions
This agreement (the “Agreement”) is made between you and 123 Technology Inc. d/b/a as OTT Pocket (“Pocket”, “we”, “us”, “our”) to govern your use of the mobile device application provided to you by us (the “App”).
Please read this Agreement carefully before you download or otherwise access the App as this Agreement constitutes a legally binding agreement between you and Pocket. The terms and conditions contained in this Agreement are subject to change at any time in our sole discretion to the fullest extent permitted by applicable law. If we make any material changes to this Agreement, we shall notify you in writing and any changes to this Agreement will be effective immediately after posting notice of such change within the App.
By downloading and/or launching the App or using the App in any manner, on any device, you indicate that you are accept the terms and conditions of this Agreement. If you do not accept this Agreement, you may not download or access the App.
1. App Access and Products
The App will permit you to shop for products (the “Products”) as offered by selected merchants (the “Merchants”) through the App and will facilitate the ordering by you of the Products.
Subject to your compliance with this Agreement, Pocket hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the App in accordance with this Agreement to view Products as provided by Merchants, create an account, place orders, and pay for the Products.
You are solely responsible, at your own cost and expense, for acquiring, maintaining and updating all equipment (such as computers, tablets and smartphones) and communications services (such as internet access) that are required to allow you access and use the App.
Pocket reserves the right, at its sole discretion to deny you access to the App at any time and for any reason (or for no reason at all), including but not limited to your violation of this Agreement or use other than as permitted by this Agreement. You will cease your access and use of the App immediately upon request by us.
We reserves the right to change or allow Merchants to change any information, material or content (including, but not limited to, prices or availability of Products contained on or provided through the App at any time, and from time to time, without notice to you.
2. App Account
You are required to open an account in order to use the App (an “Account”) and you will be asked to provide certain personal information during registration. You represent and warrant that all personal information provided by you in the creation of an Account on the App for the purchase of Products is true, accurate, and complete. You will promptly update or correct any errors in your personal information and you agree to not misrepresent your identity in your Account or in your use of the App.
You are responsible for all activity that occurs your Account and you are responsible for keeping your Account secure. We will not be liable for any loss or damage arising from a failure by you to maintain the security of your Account.
We may upgrade or alter the App at any time, or add additional capabilities, functions, updates, replacements, programming fixes and enhancements to, or disable certain or all elements of, the App for any lawful reason, in particular, to update the software or to perform software maintenance.
In the event we perform any updates or changes, we may require that you agree to a modified version of this Agreement. If you do not agree to a modified version of this Agreement, you must discontinue your use of the App.
4. App Restrictions
The App may only be used by you for personal and non-commercial purposes.
You agree that you will not use the App to:
a. “frame”, “mirror” or otherwise incorporate the App or any part thereof on any commercial or non-commercial website;
b. access, monitor or copy any part of the App using any robot, spider, scraper or other automated means or any manual process for any purpose;
c. violate any laws;
d. promote any illicit or illegal activity;
e. upload, post, email or otherwise transmit or use any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
f. register multiple, or steal someone else’s Account(s) (as herein defined) for any malicious means such as profit, etc.;
g. threaten Merchants to provide you with additional discounts, Vouchers, or benefits;
h. copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the App;
i. remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the App;
j. use or access the App in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party;
k. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App; or
l. upload to or transmit through the App any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by Pocket in its sole discretion.
Company reserves the right, at any time, to suspend your Account and use of the App for failure to comply with this Section 4.
You will be solely liable for any damages resulting from any violation of the foregoing restrictions.
Merchants may offer e-vouchers (“Vouchers”) for purchase to be used for the purchase of specific Products. Merchants may place restrictions on the quantity of Vouchers you can purchase, with daily limits on how many Vouchers may be purchased by you and added to your Account. Once you have purchased a Voucher, it can take up to 48 hours from the time of purchase for the Voucher to be reflected in your Account.
You may be asked to provide additional identification when purchasing and/or using a Voucher for the purchase of Products. Failure to provide identification to validate your purchase may result in the cancellation of your purchase.
[From time to time, we may also issue Vouchers to you for promotional, advertising or marketing purposes for use on the App].
6. Third Party Service Providers
This Agreement is entered into between you and Pocket and no third party app or service provider (the “Third Party Service Providers”) are parties to this Agreement nor will they have any obligations to you with respect to the App.
Pocket, not the Third Party Service Providers, is solely responsible for the App and the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto. You agree to comply with, and your license to use the App is conditional upon your compliance with all applicable Third Party Service Providers’ terms of agreement and associated fees, as applicable.
POCKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED RELATED TO ANY THIRD PARTY SERVICES AND POCKET DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY PRODUCTS ADVERTISED OR OFFERED BY A MERCHANT OR THIRD PARTY THROUGH THE APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE ACCESSED FROM A LINK ON THE APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THEREIN, AND POCKET SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. COMPANY WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BETWEEN YOU AND A THIRD PARTY THROUGH THE USE OF THE APP.
You agree to indemnify and hold harmless Pocket and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses (including without limitation legal and reasonable legal fees), that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (a) your use of an Account; (b) your misuse of the App; (c) your breach of this Agreement; (d) your violation of any law or the rights of a third party (including, without limitation, intellectual property and/or privacy rights); or (e) your use of any Third Party Service Provider website.
Pocket reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Pocket.
8. Disclaimer of Warranties
THE APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. POCKET MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE APP. POCKET DOES NOT WARRANT THAT THE APP OR THE CONTENT IN THE APP WILL OPERATE ERROR-FREE OR THAT THE APP IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE.
IN NO EVENT WILL POCKET BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT POCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE APP.
TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, POCKET’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS ACTUALLY PAID BY YOU FOR THE PURCHASE OF PRODUCTS ON THE APP IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CDN$100). FOR GREATER CLARITY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
11. Electronic Consent of Notices
By agreeing to the terms of this Agreement, you consent to receiving any notices related to the App electronically. You understand that any notices will not be mailed to you unless you specifically instruct us in writing. To request a paper copy of this Agreement, please call us at the number listed on our website.
To withdraw any consent provided by you to us under this Agreement, you must immediately stop using the App and delete the App from your device. Please note that we reserve the right to terminate your ability to access the App in the event that you withdraw your consent to receive notices and/or other documents electronically.
If any provision of this Agreement is held to be void and unenforceable in any jurisdiction, such decision shall not affect the validity or enforceability of such provision under other circumstances or the remaining provisions of this Agreement and this Agreement shall be reformed only to the extent necessary to make it enforceable under such circumstances.
We may waive any term or provision of this Agreement at any time and any such waiver shall not be deemed a waiver of a term or provision in the future.We shall not be deemed to have waived any of our rights or remedies with regard to this Agreement hereunder, unless such waiver is in writing and signed by us. No delay or omission on the part of us or our affiliates, or their respective successors and assign, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.
You may not transfer any of your rights or obligations under this Agreement. We may transfer any of our rights or obligations under this Agreement or delegate or transfer any or all of our rights and responsibilities under the Agreement to any third party or parties.
This Agreement and your use of the App shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any conflict of law principles. Any action brought to enforce any rights under this Agreement shall be brought in the provincial courts in Toronto, Ontario, and you consent to such jurisdiction. The App is intended for use only in jurisdictions where it may be lawfully offered.
The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.
Last Updated: October 29, 2021
In accordance with applicable federal and provincial legislation in Canada, we have adopted privacy practices to protect personal information as part of our overall service commitment to our clients, and we make reasonable and appropriate efforts to keep personal information secure and confidential.
Application and Scope
What personal information we collect
Information you provide to us
When visiting our Website or using our App, you may provide us with the following personal information:
- Account information, such as name, phone number, e-mail address, information about our interactions (for example, the contents of a message when you interact with us), username and password.
- Payment information, such as credit card number and any billing information necessary for the processing of the payment;
- Order Details, such as information on the items purchased.
Information we automatically collect
Like many other websites, we use technologies to automatically collect data from visitors to our Website.
Cookies are small bits of information that are placed on the hard drive of your computer. Cookies remember information about your activities on the Website to make visits to our Website more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you visit our Website. Most web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. If you’ve chosen to disable cookies on your browser, some of the functionality of our Website may be lost. Some web pages and apps, particularly those that require a login and password, require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your web browser.
Flash cookies (also called Local Shared Objects or “LSOs”) are data files similar to cookies, except that they can store more complex data. Flash cookies are used to remember settings, preferences, and usage, particularly for video and other similar services.
Web beacons are small graphic images on a webpage, an app or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.
Web server logs are records of activity created by the computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you the webpage. The web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.
Geo-location technology refers to technologies that permit us to determine your location. We may ask you to manually provide location information on our App, or to enable your mobile device to send us precise location information. We may also automatically collect general location information from your web browser.
How we may use your personal information
Your consent is obtained before or at the time you register for an account on the App. When you sign-up, we will request some information from you to create your account, and at that time, you will be asked whether you consent to the processing of the personal information. You may refuse to provide us with your personal information, however, some personal information is necessary for the use of the App.
Any personal information we collect will only be used for the purposes identified at the time of collection and will only be retained for as long as necessary to fulfill those purposes.
We may use your personal information for the following purposes:
- To create, manage and maintain your account;
- To provide you with access to your account;
- To process transactions, including payment for products and services you request;
- To identify you and verify your identity;
- To contact you in regards to your orders and inquiries;
- With your consent where required, to send you promotional communications such as our newsletter, special offers, or other promotions;
- To improve our Website and App and to provide you with a personalized experience;
- To conduct internal analyses and maintain appropriate records for internal administrative purposes, such as analyzing trends, usage, and activities of visitors and users of the Website and the App;
- To ensure our records about you are accurate;
- To provide you with your account, transaction history or services related confirmations, receipts or other information that may be requested or necessary to meet your needs;
- To provide you with quality customer service and technical support;
- To detect and prevent fraud;
- To protect our interest or the interests of our third-parties, including to enforce rights or to comply with all applicable laws, regulations and compliance requirements;
For any other purpose to which you consent.
How we may share your personal information
With your consent, where required, we may share with or disclose your personal information to:
- Third parties assisting with the redemption of products distributed by us, through the App;
- Service providers working on our behalf to help us operate and improve our Website and App;
- Third-parties who assist us in processing the data to help us improve the contents of the Website and the App, compile aggregate statistics site visits and send you marketing content and advertisements;
- Our affiliates and partners for their use for similar purposes and to send you information about their products or services;
- Payment processing providers and fraud prevention providers to process your payment and assist in the prevention of fraud;
- A buyer or a successor as part of, or during negotiations of, a merger, restructuring, or other sale or transfer of some or all of our assets;
- Comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law, or when we believe disclosure is necessary or appropriate to protect the rights, property, or safety of 123 Technology, our customers, or others; and
- For any other purpose to which you provided consent.
Protecting and Safeguarding Your Personal Information
123 Technology is committed to protecting your personal information against unauthorized use, loss, access, modification, destruction or disclosure. We take reasonable and appropriate administrative, organizational, physical and technological security measures to safeguard your personal information.
Administrative measures include having contractual provisions with third parties (such as service providers or partners) to require them to take appropriate measures to secure our client information or remedy it if a breach occurs. We also obtain assurances from third-parties that require them to adopt practices that will provide an equivalent level of protection for the personal information in its custody.
Organizational measures include limiting access to client information to employees and service providers on a “need-to-know” basis.
Physical measures include securing our facilities and restricting access to our offices.
Technological measures include requiring secure logins and passwords to access our systems, using secure file encryption to avoid unauthorized access, modification, or use of personal information, and using secure servers, firewalls and other technology to protect our network and systems from external attacks. We also use software programs to monitor network traffic and identify unauthorized attempts to change information or damage our systems. This records the IP address of the computer that has contacted our Website or App, the date and time of the visit and the pages visited (where applicable).
While providing services to you, we take reasonable steps to ensure that your personal information in our custody is accurate, complete and current, and to ensure it is updated as necessary for the identified purposes related to your account, transactions, or services. You may correct or update your information by updating the information on your profile on your account, or you may contact us at the information below.
Location and retention of your personal information
The personal information we collect may be stored and processed in countries other than the country in which the information was originally collected, including Canada and elsewhere that may have less stringent data protection laws than the country in which you initially provided the information. Please note that your personal information may be subject to the laws of general application inCanada, including lawful access. If your personal information is transferred outside of your jurisdiction, we will take steps to ensure your information is adequately protected in accordance with applicable privacy and data protection laws and to the same high standard of privacy protection and data security we apply to it ourselves.
The time periods for which we retain your personal information depend on the purposes for which we collected it. We routinely destroy personal information that is no longer required for the purpose for which it was collected, including for the purposes of processing the service or product you ordered, or meeting any legal or reporting requirements. We will keep your personal information for as long as you have an account with us or for as long as we have another business purpose to do so and in accordance with our retention policy.
In some circumstances, we may store your personal information for longer periods of time, for instance where we are required to do so by law and so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings. We may delete information from our systems without notice to you once we deem it is no longer necessary for these purposes. When no longer needed, we securely destroy or anonymize the personal information.
Right to access and correct your personal information
At any time, you may request access to and obtain a copy of any of your personal information that we hold. You also have the right to know the types of personal information is being collected, and how we use it. You may correct any inaccurate, outdated or incomplete information related to you by updating the information on your profile on your account, or you may contact us at the contact information below. We will respond to you within  days.
Right to withdraw consent
At any time, you may withdraw your consent to have your information collected, used, and disclosed for certain purposes, such as to receive some communications or to refuse that your personal information be shared with some of our affiliates and partners. Please note that this may affect our ability to continue providing you with the products and/or services offered through the use of the App. If you wish to withdraw your consent to the collection, use or disclosure of your personal information, please contact us via the “Contact Us” section on the App, or by contacting us at the contact information below.
Right to opt-out of direct marketing
You can change your mind at any time about your election to receive marketing communications and other promotional content from us and/or having your personal information processed for direct marketing purposes. You may unsubscribe by emailing email@example.com. We will process your request to opt-out of these marketing messages as soon as possible and within  days.
Please note that we reserve the right to send you service-related communications, including service announcements and administrative messages, relating to our existing business relationship, as permitted by law.
If we cannot accommodate a request, we will provide you with a justification. Note that we may need to confirm your identity to process your requests to exercise these rights and that if you withdraw your consent we may not be able to provide you with a particular product or service.
Links to Third-Party Websites
We do not knowingly collect personal information from children under the age of 16. None of our products are intended for use by children under the age of 16. If you believe we have collected information from your child in error or have questions or concerns about our practices relating to children, please notify us at the contact information below and we will promptly respond.
Attention: Privacy Officer
123 Technology Inc.
96 Steelcase Rd West
Markham, Ontario, L3R 3J9
Or at the following email: firstname.lastname@example.org