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
Personal information refers to information that can identify an individual, and may include, for example, your name, home address, telephone number, personal email address, date of birth, IP address etc. Such information may be provided to us when using the App, by a phone call, and/or correspondence in mail or via email to us, by use of our website (the “Application”). Personal information that is de-identified or aggregated and/or that cannot be associated with an identifiable individual is not considered to be personal information.
Application and Scope
Principles of PIPEDA
Principle 1 – Accountability
Principle 2 – Identifying Purposes
The purposes for which personal information is collected shall be identified before or at the time the information is collected.
Principle 3 – Consent
The prior knowledge and permission of the individual are required for the collection, use and/or disclosure of personal information, except for legal or security reasons.
Principle 4 – Limiting Collection
The collection of personal information shall be limited to that which is necessary for the purposes identified. Personal information shall be collected by fair and lawful means in accordance with this Principle.
Principle 5 – Limiting Use, Disclosure and Retention
Personal information will not be used, disclosed or retained for purposes other than those stated at the time of collection, except with the permission or consent of the individual, or as permitted and/or required by law.
Principle 6 – Accuracy
Personal information shall be as accurate, complete and current as is necessary for the identified purposes for which it is to be used.
Principle 7 – Safeguarding Information
Personal information will be protected by safeguards appropriate to the sensitivity of the information.
Principle 8 – Openness
The policies and procedures of an organization relating to the management of personal information will be made readily available to its clients and employees for specific information.
Principle 9 – Individual Access
Upon request, an individual will be informed of the existence, use and disclosure of his or her personal information and shall be given access to it. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
Principle 10 – Handling Client Complaints and Suggestions
Individuals can address any complaint regarding compliance with the above principles to the Privacy Officer of OTT.
Privacy Practices of OTT
Why Your Personal Information Is Required
OTT is required by law to obtain and collect certain personal information about you as a client in order for us to set up and maintain an account for you or provide services to you. As stated below, such information will allow OTT to carry out its obligations under law and policies regarding client identification and verification, and help establish a relationship with you to provide the best possible service to meet your needs.
- To understand and establish your identity as a client;
- To create a client record or file as required by OTT;
- To understand your needs and assess your eligibility for our services and products;
- To provide you with the services you have agreed to obtain from OTT;
- To maintain business relations and protect you and us from error or any fraud;
- To comply with all applicable laws, regulations and compliance requirements.
Purposes of Using Your Personal Information
After your personal information is entered into the APPLICATION or provided to OTT’s employees, we may use it for the following purposes:
- To identify you as a client and create a client record or client information file for you;
- To establish and administer your account, and execute your transactions or services requested;
- To maintain, store, record and determine your account, transactions or services related records;
- To ensure our records about you are accurate, and verify information obtained when necessary;
- 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 client service and support with respect to your account, transactions or services;
- To maintain our business relationship with you and protect the interests of you and OTT;
- To meet all applicable legal, regulatory and compliance requirements of OTT, such as those under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada);
- For any other purpose to which you consent or that is permitted by privacy law and/or any other applicable law.
When communicating with you for the purposes above, you consent to receive your account, transactions or service related communications from us in any form, including mail, email, phone call, internet or through the APPLICATION.
Obtaining Your Consent
You may withdraw your consent to receive communications, have your information collected, used, and disclosed at any time or shared with our affiliates and partners. Please note that this may affect our ability to continue providing you with the products and/or services that you have or would like to receive. If you wish to withdraw your consent to the collection, use or disclosure of your personal information; or you do not wish to receive information about our current and future product offerings, special promotions, marketing communications and/or other services, please contact us via the “Contact Us” section on the App.
How Personal Information is Collected, Recorded and Stored
OTT collects personal information from you as a client in a number of ways as stated below. These ways apply to all methods of collecting personal information including hard copy, electronic and verbal means, and the personal information provided by you will only be used for the purposes indicated in the section titled “Purposes of Using Your Personal Information” above.
- Directly from you, when you register for and use the APPLICATION Account.
- Your voluntary disclosure of personal information directly to OTT via the “Contact Us” section of the App. , and such client account or service related information will be recorded and retained properly.
- By contacting OTT staff or through those you authorized in writing to conduct business on your behalf.
OTT protects your personal information by using appropriate storage, which may be kept in electronic or paper format, and is gathered in a client record. Such client record may include information about you such as your name, date of birth, address, phone number, identification, occupation etc. Depending on the type of business or service required, OTT may need to keep additional information about your business relationship, transactions or when identified as a necessity during the business process, or as required by applicable law or compliance policy.
While providing services to you, OTT employees and representatives are required to obtain accurate, complete and current personal information from you, and keep such information updated as necessary for the identified purposes related to your account, transactions, or services. Such information is required to be provided and updated in a timely manner in order for us to provide you with better service and meet our regulatory requirements.
Limiting Use, Disclosure and Retention of Personal Information
Any personal information collected from you will only be used for the purposes identified at the time of collection and will only be retained for as long as necessary for the fulfilment of the purposes for which it was collected and for which consent was received, unless otherwise required by law. If certain information requested is not provided, OTT may not be able to assess your application or needs.
In the course of business activities, all employees of OTT and authorized representatives or service providers are required to protect the confidentiality of client personal information for limited use and stated purposes only. Access to your personal information is restricted to those authorized employees and representatives or service providers who need it to do their jobs. Under no circumstances will client personal information be provided or sold to other companies for their own use, other than entities affiliated with OTT.
Under certain circumstances, we may disclose your personal information to third parties, including the purposes outlined below. This is done only to meet your service requirements or as may be required by any relevant law or government agencies OTT will strive to protect personal information disclosed to third parties by contractual agreements requiring that those third parties adhere to confidentiality and security procedures and protections.
- Administration: We may share your personal information with our affiliates who perform administrative services on our behalf.
- Legal and Regulatory: We may disclose your personal information as necessary to meet legal, regulatory, audit and security requirements.
- Business Transactions: We may disclose your business transactions to third parties connected with the redemption of the products distributed by OTT through the App.
- Marketing: Unless you have opted out, OTT may share your personal information with its affiliates and partners to enable them to offer you additional products and services.
Unless you have opted out, in addition to the above uses and disclosures, we may consult your personal information from time to time in order to determine your suitability for, and occasionally offer you, additional products and services. We may also disclose the above types of information to our affiliates and partners for their use for similar purposes and to send you information about their products or services.
Protecting and Safeguarding Your Personal Information
OTT is committed to protecting your personal information in a manner consistent with our privacy practices. In order to ensure your personal information is protected, OTT keeps your information securely in its offices, requires all its employees to adhere to related policies and procedures when handling client information and takes appropriate security measures to safeguard your personal information. OTT has implemented privacy procedures to safeguard the personal information of its clients, which may be in both physical and electronic format. We restrict access to personal information to only those employees on a need-to-know basis to provide you with our products or services. We maintain physical, electronic and procedural controls to safeguard personal information.
We protect your account information by keeping it on secure servers, using firewalls and other security technology to protect our network and systems from external attacks, and by requiring clients to enter a unique user ID and password to access our systems.
We 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/App, the date and time of the visit and the pages visited (where applicable). These security measures include the following:
- Physical access security, restricted access to our offices;
- Login and passwords set up on our systems;
- Limiting access to client information to those employees and representatives who need to know for their work;
- Secure file encryption put in place to avoid unauthorized access, modification, or use of personal information;
- Requiring authorized third party service providers or business partners to take appropriate measures to secure our client information or remedy it if a breach occurs;
- Disposing of or destroying personal information as required by following procedures to use proper means or safeguards to prevent unauthorized persons from gaining access to the information during the disposal/destruction process.
Right to Access Your Personal Information
You have the right to access, correct and ask questions about your personal information after it has been provided to OTT. This right may include the following:
- Whether we hold any personal information about you;
- How we collect, use or disclose your personal information;
- Whether and how you can see or access that information;
- Accuracy or completeness of your personal information;
- Other questions or issues you may have about your personal information.
You may contact us by phone, mail or by using the information in the “Contact Us” section on the APPLICATION. When requesting access to your information, typically full access to your information is provided. However, there may be some legal or administrative limitations in certain cases.
“Cookies” are small bits of information that are placed on the hard drive of your computer. Cookies remember information about your activities on the site to make your visits to our website/App more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you visit our website. If you’ve chosen to disable cookies on your browser, some of the functionality of our website/App may be lost. Some web pages/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/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 website/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.
Links to Non-OTT Websites
Resolving Your Questions and Concerns
OTT employees and representatives are required to record and maintain the accuracy of your personal information on file and ensure that it is complete and up-to-date. However, from time to time, there may be an error or a change. If you discover any inaccurate information on your account or transactions, or if your personal information has changed, please notify us immediately so we can correct and/or update it in a timely manner.
Attention: Privacy Officer
123 Technology Inc.
1123 Leslie Street
Toronto, Ontario, M3C 2K5
Or at the following email: email@example.com