These terms and conditions were last updated this 01 October 2024 constitutes the entire agreement with you and Hoopp Technologies Inc. This agreement applies to both Subscribers and Users unless specified otherwise.
1.1 In this Terms and Conditions, the following terms, shall have the following meanings assigned to them below:
Account – Refers to the user profile created on the platform, which requires providing accurate information during registration. Users are responsible for maintaining the confidentiality of their account credentials.
Analytics – Refers to the feature within the platform that provides insights into user performance, task completion rates, sales targets, and customer engagement metrics, helping businesses optimize reward strategies and improve overall productivity amongst others.
API – Refers to a set of programming instructions and standards provided by the Company that allows other software applications to communicate and interact with the platform to enable data sharing, task updates, or reward distribution.
Application or App – Refers to the software program developed by the Company, accessible via web and mobile devices, that allows users to interact with the platform, manage tasks, and receive rewards in real-time.
Arbitration – Refers to a legal process agreed upon by both parties in which disputes are resolved outside of court.
Artificial Intelligence (AI) – Refers to the use of machine learning algorithms within the platform to predict user behavior, recommend rewards, and optimize task management processes by learning from historical data and patterns.
Automation – Refers to the use of technology within the platform to perform repetitive or scheduled tasks such as sending reward notifications, tracking milestones, and generating reports without manual intervention.
Class Action Waiver – Refers to the agreement to waive rights to participate in class or representative actions.
Complaints – Refers to the process of addressing complaints or concerns regarding the platform.
Confidential Information – Refers to all information and data gained from the use of RewardClan’s service.
Cloud Storage – Refers to the remote data storage service provided by the Company to store all user data, task records, and reward history, ensuring secure access and backup of information.
Company – Refers to Hoopp Technologies Inc and Hoopp Technologies Limited incorporated in Canada and Nigeria, a business entity offering the RewardClan platform and services, which integrates rewards and task management into daily operations to improve team performance and engagement.
Dashboard – Refers to the user interface within the App or Platform that provides users with real-time data, analytics, task progress, performance metrics, and reward allocations, allowing users to monitor and manage their activities effectively.
Dispute Resolution – Refers to the procedure for resolving disputes between users and the Company. This involves informal negotiations first, followed by mediation and arbitration.
Gamification – Refers to the process of incorporating game-like elements, such as leaderboards, badges, and point systems, within the platform to motivate users to complete tasks, achieve milestones, and enhance engagement.
Integration – Refers to the process of connecting the platform with third-party applications or systems, such as CRM software, ERP systems, or other business management tools to streamline operations and enhance the platform's functionality.
Intellectual Property – Refers to all trademarks, copyrights, logos, designs, and content owned by the Company, protected under intellectual property laws. Subscribers and Users are granted a limited license to use the platform but are not permitted to copy, modify, distribute, or create derivative works without permission.
License – Refers to the limited, non-exclusive, non-transferable, and revocable permission granted to users to access and use the platform and services strictly in accordance with the Terms of Use.
Limitation of Liability – Refers to the section that limits the Company’s legal responsibility for any damages or losses users may incur from using the platform. This limitation applies to incidental, consequential, and indirect damages, and any claims are capped at the amount paid for the services in the past twelve months.
Loyalty Program – Refers to the structured rewards system integrated within the platform that encourages users, particularly customers, to engage consistently with a brand or company through personalized rewards based on their activities or purchases.
Operations – Refers to the management of internal processes within a company, with the platform incentivizing improvements in operational efficiency by rewarding teams or individuals who enhance processes, reduce waste, or demonstrate operational excellence.
Platform – Refers to the cloud-based infrastructure supporting the system, which includes the integration of various modules such as task management, rewards allocation, and performance tracking, accessible via the App or a web browser.
Plan – Refers to the paid subscription offering enhanced features and unlimited functionality of the platform. Users subscribing to any plan gain access to advanced capabilities depending on the particular plan subscribed to.
Prohibited Uses – Refers to activities that users are not permitted to engage in when using the services, including fraudulent activities, unauthorized access to the platform, introduction of malicious software, and any behavior that disrupts the service or infringes on intellectual property rights.
Project Teams – Refers to groups of employees or contractors working on specific projects, incentivized through the platform to meet deadlines, stay within budget, and achieve designated milestones.
Real-Time Notifications – Refers to the feature that allows users to receive instant alerts on task assignments, reward allocations, project milestones, and other relevant updates directly through the App or via email or SMS.
RewardClan – Refers to the reward-based service platform developed and offered by Hoopp Technologies Inc.
Sales – Refers to the function within a business focused on driving revenue, where the platform incentivizes both sales teams and customers to foster growth and engagement through rewards.
Security Protocols – Refers to the set of cybersecurity measures implemented within the platform, including encryption, two-factor authentication (2FA), and data protection policies, aimed at safeguarding user information and preventing unauthorized access.
Services – Refers to all features and functionalities offered by the platform, including the rewards and recognition platform, customizable reward programs, employee recognition tools, analytics, reporting tools, and integration with existing HR and CRM systems.
Subscriber – Refers to any individual or entity that registers for and pays for a subscription plan offered by RewardClan. Subscribers may include businesses, administrators, or other users who have selected either a free or premium plan to utilize RewardClan’s services.
Subscription – Refers to the payment plan a user or business selects to access the services. This may include free and premium plans, each offering different levels of functionality and features.
Team Reward – Refers to the task management system provided by the Company that facilitates task assignment, performance recognition, and reward allocation, aimed at enhancing team dynamics and customer relationships.
Termination – Refers to the process by which a user or the Company may end access to the services. Users can terminate their accounts, or the Company may suspend or terminate accounts due to violations of the terms or non-payment of fees.
Terms of Use – Refers to this legally binding agreement between the user and the Company, which outlines the rules and regulations for accessing and using the services provided by the Company. By using the services, the user agrees to comply with these terms.
User – Refers to any individual or entity accessing or using the services, including employees, customers, and business representatives.
User Roles – Refers to the permission settings within the platform that designate the level of access and control each user has, including Admins, Managers, and Employees, to ensure proper task delegation and reward management.
2.1 By downloading the RewardClan app or use of its website or content, these terms and conditions will automatically apply to you.
2.2 RewardClan may change any part of these Terms at any time. Where the change is done, a notice of the change shall be communicated to you via email or via the RewardClan app or website. RewardClan shall give a reasonable period of not more than 5 working days to continue your services or opt out, however, your continued use of the Services after the notice period will constitute your acceptance of the updated Terms of Use.
2.3 RewardClan shall not be responsible nor liable for the acts and/or omissions of any Subscriber/user.
3.1 Our platforms can be utilized by you in any of the three ways
i. To offer reward services to employees
ii. To offer reward services to customers
iii. To amplify marketing efforts by integrating rewards into campaigns
3.2 By using or subscribing to our website and mobile application you represent and warrant that you:
i. Are appropriately qualified to provide the services you are rendering;
ii. You are aware of and comply with any relevant regulations governing the services you are rendering;
iii. You have all the necessary licenses and permits required to provide the services you are rendering;
iv. By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are of legal age, you have the right, authority, and capacity to use this service, and that all the information provided shall be true and accurate
v. You undertake not to authorize others to use your identity or user status, and not assign or otherwise transfer your user account to any other person or entity.
3.3 RewardClan requires that every subscriber registers an account, the subscriber shall be the administrator of the account and shall have certain privileges which include;
i. Create, manage, and delete user accounts, including assigning user roles such as Managers, Customers, Employees, or other Admins.
ii. Set up and manage reward structures, including creating and modifying reward programs, point systems, and recognition milestones.
iii. View and generate detailed reports on user performance, engagement levels, reward distribution, and task completion metrics.
iv. Configure and manage integrations with third-party applications like HR, CRM, or ERP systems for seamless data flow and process automation.
v. Approve, track, and manage the allocation of rewards, bonuses, or incentives to employees, customers, or partners.
vi. Manage subscription plans, view billing details, and handle payment processing for any plan
vii. Assign and update roles, such as Manager or Employee, based on the organization's needs and hierarchy.
viii. Oversee and assign tasks or projects to users, monitor their progress, and reward successful completions.
ix. Do other things as permitted by Rewardclan
3.4 User/Administrator Accounts are strictly personal and cannot be shared or used by more than one person. You are fully responsible for all activities under your account, whether or not you authorized them. It is your duty to keep your account details confidential. Additionally, using another person's account without their permission is prohibited.
3.5 RewardClan shall not be responsible for any damages caused by the theft or misuse of your account or content, but you may be liable for any losses that occur. If you notice unauthorized use of your account, notify RewardClan by emailing [email protected]
4.1 Subscription Plans: RewardClan offers various subscription plans, including free and premium options, each providing different levels of functionality and features. The specific services and features available under each plan are outlined on
4.2 Billing: If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
4.3 Changes: We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
4.4 Fees: If you choose a premium plan, you agree to pay the subscription fees associated with that plan. All fees are payable in the currency specified at the time of purchase and are subject to any applicable taxes or charges. Payment is due on the account billing for either monthly, quarterly or annually, depending on your chosen plan. The Third-Party Payment Partner will issue an invoice for each billing cycle, which will be sent to the email address linked to your account. RewardClan will also provide a receipt for the transaction, which will be accessible in the Subscriber Payment tab on the Settings page. You are responsible for keeping your billing information up to date, and payment is due upon receipt of the invoice.
4.5 Third Party Fees: The subscriber shall be responsible for all third-party fees incurred in connection with the services provided. This includes, but is not limited to, payment processing fees, fees for subcontractors, consultants, licensing fees, or any other necessary third-party services required to fulfill the obligations of this Agreement.
4.6 Payment Method: You must provide a valid payment method when signing up for a paid subscription. By providing your payment information, you authorize RewardClan to charge the applicable fees to your payment method on a recurring basis until your subscription is canceled.
4.7 Automatic Renewal: Renewals are communicated in advance, with cancellation required 24 hours before renewal to avoid charges. Refunds on renewals are provided only if required by law or outlined in the service terms. You will be charged the applicable subscription fees for the next period unless you opt out of automatic renewal in your account settings or by contacting RewardClan customer support at [email protected]
4.8 Late Payment: If any fees remain unpaid after the due date, RewardClan reserves the right to downgrade your plan until payment is received in full. You are responsible for any costs incurred by RewardClan in collecting overdue amounts, including legal fees.
4.9 Fee Changes: RewardClan may change subscription fees at any time, but any fee changes will not affect your current subscription period. You will be notified of any fee changes before they take effect for your next renewal period.
4.10Refund Policy: RewardClan maintains a no-refund policy for subscription services, except in specific circumstances as required by law or outlined below:
i. Except as required by law or explicitly stated in this policy, all other purchases, including subscription renewals, are non-refundable. Users are responsible for canceling their subscriptions before renewal if they wish to avoid additional charges.
ii. RewardClan reserves the right to offer refunds or credits in special circumstances not covered by this policy. Such decisions will be made on a case-by-case basis.
4.11Subscription fees are non-refundable unless otherwise stated in the refund policy. However, RewardClan may, at its discretion, issue refunds or credits in certain cases such as platform errors or billing discrepancies.
4.12Cancellation: You may cancel your subscription at any time by managing your account settings or contacting RewardClan customer support. Cancellation will take effect at the end of your current billing period, and you will retain access to the platform until the subscription expires.
4.13Local Currency and Payment Options: Subscription fees may be charged in your local currency based on the region where you are using the service. RewardClan accepts multiple payment methods to facilitate transactions globally, ensuring the convenience of local payment methods where possible.
4.14Localized Subscription Terms: RewardClan reserves the right to offer region-specific subscription terms, which may include different rates, discounts, and terms based on local regulations. Specific terms will be made available on the pricing page of RewardClan’s website
4.1 Tax Compliance: RewardClan complies with applicable tax regulations in all jurisdictions. Subscription fees may include applicable taxes such as Value Added Tax (VAT), Goods and Services Tax (GST), or other similar taxes, based on your country of residence. Users are responsible for any applicable taxes in their respective countries.
5.1 Subject to your compliance with this agreement RewardClan grants you a restricted, non-exclusive, non-transferable, non-assignable, revocable license to:
i. access and use the Application on your device only for the purpose of using the Services; and
ii. access and view any content or materials that may be made available through the Services, in each case only for your personal, noncommercial use. All rights not expressly granted to you herein are reserved by RewardClan and RewardClan’s Licensors.
5.2 The ownership and licensing of content may be subject to regional copyright laws. RewardClan reserves all rights outside Nigeria and Canada, including in countries that have different copyright laws and protections.
6.1 As a Subscriber/User, You agree:
i. Not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other Subscriber;
ii. Not to share your Account with any other person and any use of your account by any other person is strictly prohibited;
iii. Not to act in any way that may harm the reputation of RewardClan or associated or interested parties or do anything at all contrary to the interests of RewardClan and its other software
iv. Not attempt to circumvent or attempt to communicate directly with another Subscriber;
v. You must not use RewardClan’s software and websites in connection with any commercial or money-making or other promotional or marketing endeavors except those that are endorsed herein
vi. Distribute unsolicited commercial content, junk mail, spam, bulk content, or harassment.
7.1 You shall maintain in confidence all information and data gained from the use of our service or by coming in contact with our service you
7.2 You shall hold and maintain the Confidential Information in the strictest confidence for the sole and exclusive benefit of RewardClan.
7.3 You shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement.
7.4 You shall not use, copy, or disclose to others, or permit the use by others for any purpose, any Confidential Information.
7.5 You shall return to RewardClan any records, notes, and other written, printed, or tangible materials in its possession about Confidential Information immediately where requested by RewardClan.
7.6 You shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its confidential information; and
7.7 Where there is a breach of any of the terms in this T& C and the User or Subscriber decides to sue, RewardClan shall release confidential information to such user, provided always that an order of a court of competent jurisdiction is issued to RewardClan to release such confidential information
7.8 You agree to use the Confidential Information solely in connection with the current or contemplated business relationship between the parties and not for any purpose other than as authorized by this Agreement.
8.1 The website and its related software are the intellectual property of and are owned by RewardClan The structure, organization, and code of the website and its related software contain valuable trade secrets and confidential information of RewardClan.
8.2 The website and its related software contain content (such as design, images, sounds, texts, databases, computer codes, registered and unregistered trademarks, and other similar objects) owned or licensed by RewardClan and its licensors, and they shall continue to own all rights, title, and interest in the software which is protected by copyright, trademark, patent, trade secret, and other law Except as expressly stated herein, this Agreement does not grant you any intellectual property rights whatsoever in the website and its related software and all rights are reserved by RewardClan.
8.3 Any form, database, or software that is altered, conceived, made, or developed in whole or in part by RewardClan (including any developed jointly with you) during or as a result of our relationship with you shall become and remain the sole and exclusive property of RewardClan.
8.4 You agree to make no claim in the rights or ownership of any such form, database, or software. To the extent that any custom form is created by RewardClan for you, based upon any prior form, template, or exemplar provided by you, you warrant and represent to RewardClan that you created said form(s) or have the legal right to use the said form(s).
8.5 You agree to indemnify RewardClan for any third-party claims for infringement, misappropriation, or other violation of any third-party’s intellectual property rights where such claims are made against RewardClan for forms, templates, or exemplars created based upon material provided by you to RewardClan
8.6 Intellectual property rights will be enforced globally. Users acknowledge that these rights vary across jurisdictions, and RewardClan may take action to protect its intellectual property in any region as necessary.
9.1 In subscribing to our services, you agree not to engage in any of the following prohibited activities:
i. Using our service for any illegal or unauthorized purpose, including but not limited to, violating any local, state, national, or international laws.
ii. Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our service.
iii. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
iv. Uploading invalid data, viruses, worms, or other software agents through our service.
v. Collecting or harvesting any personally identifiable information, including account names, from our service.
vi. Impersonating another person or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
vii. Interfering with the proper functioning of our service, or attempting to do so, including but not limited to, disrupting network connectivity or service to our users.
viii. Making unauthorized modifications to our service or attempting to access our service by any means other than the interface provided by us.
ix. Bypassing any measures we may use to prevent or restrict access to our service.
x. Using our service to create or promote any illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music or movies.
9.2 We reserve the right to terminate your account and access to our service immediately, with or without notice, and without liability to you, if you engage in any of the above-prohibited activities or otherwise violate these terms and conditions
10.1Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or we reasonably suspect that you have breached these terms and conditions in any way, we may:
i. send you one or more formal warnings;
ii. temporarily suspend your access to our website;
iii. permanently prohibit you from accessing our website;
iv. block computers using your IP address from accessing our website;
v. contact any or all of your internet Subscribers and request that they block your access to our website;
vi. commence legal action against you, whether for breach of contract or otherwise; and/or
vii. take such other action as we reasonably deem appropriate
11.1RewardClan shall strives to ensure the platform's availability and uninterrupted functionality. However, RewardClan do not guarantee that the services will always be available, error-free, or meet your requirements without disruptions. The platform may occasionally experience maintenance, updates, or other unforeseen issues that could result in temporary unavailability.
11.2RewardClan reserves the right to modify, suspend, or discontinue any aspect of the services at any time, with or without prior notice. Such changes may include, but are not limited to;
i. adding or removing features,
ii. altering the scope of services, or
iii. updating the platform's functionality.
11.3RewardClan shall make reasonable efforts to notify users of significant changes where possible.
11.4 Continued use of the platform following any changes constitutes acceptance of the modified services.
12.1RewardClan integrates with various third-party applications. Availability of these integrations may vary by region. RewardClan will provide alternatives where specific integrations are not available due to regional restrictions.
12.2Third-party fees may vary by region due to tax laws and other local regulations. Users are responsible for any applicable fees related to third-party services used within the platform.
12.3RewardClan may provide access to content, products, or services from third parties, either directly or via links to third-party websites or applications. Such third-party content is provided for your convenience, and RewardClan does not endorse, control, or assume responsibility for any third-party content, products, services, or information.
12.4By accessing or using third-party content, you acknowledge that you do so at your own risk. RewardClan makes no warranties or representations regarding the accuracy, reliability, or quality of third-party content and is not liable for any damages, losses, or issues arising from your interaction with such content. You are encouraged to review the terms and privacy policies of third-party providers before engaging with their services or products.
13.1 The parties waive any right to assert any claims against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.
14.1 You acknowledge that by accepting these Terms, you have not relied on any statements, promises, or other terms except those expressly stated in these Terms. Any implied conditions, warranties, or other terms are excluded from this agreement to the fullest extent permitted by law.
15.1You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
i. You breached these Terms or our Usage Policies.
ii. You do not comply with the law.
iii. Your use of our Services could cause risk or harm to RewardClan, our users, or anyone else.
15.2We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
15.3Appeals: If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting us at [email protected]
You grant RewardClan permission and the right to;
i. identify you as a customer and use your logo across RewardClan marketing materials (e.g., the RewardClan website, emails, presentations, brochures),
ii. develop content around your experience as a RewardClan customer (e.g., a written case study or video case study).
iii. Any content created under clause (ii) will be developed in collaboration with you and used only with your written approval.
iv. RewardClan shall use any trademarks you provide under clause (i) in accordance with any reasonable brand guidelines you submit in writing prior to use.
17.1Platform Accessibility: RewardClan is committed to improving the accessibility of our platform to ensure it is inclusive for users with disabilities. While we are actively working towards compliance with recognized accessibility standards, including compatibility with screen readers, text-to-speech tools, and other assistive technologies (in accordance with the Americans with Disabilities Act (ADA) and similar laws in other regions), these features are not yet fully implemented.
17.2RewardClan makes no representations or warranties that the platform is currently fully accessible to all users. Users with accessibility needs are encouraged to contact us at [email protected] to discuss any difficulties they may face, and we will strive to provide reasonable accommodations where possible.
Users are entitled to consumer rights as provided by local law. For users in the EU, you have the right to cancel your subscription within 14 days of purchase, in accordance with the EU Consumer Rights Directive. If you cancel within this 14-day period, you will be entitled to a partial refund of any subscription fees paid.
RewardClan shall not be liable for any delays or failures in performance due to events beyond its reasonable control, including but not limited to acts of nature, government actions, global pandemics, regional conflicts, or international sanctions.
RewardClan’s services are intended for use by individuals aged 18 and over. Users under the age of 18 must obtain parental or guardian consent. Where applicable, parents or guardians must agree to these Terms on behalf of the minor.
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
22.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REWARDCLAN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES. THESE DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF DATA, REVENUES, PROFIT, USE, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF REWARDCLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.2 OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES IS FAIR AND REASONABLE. IT IS LIMITED TO THE AMOUNT YOU HAVE PAID TO REWARDCLAN FOR THE SPECIFIC SERVICE THAT GAVE RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS MEANS THAT ANY CLAIMS BEYOND THIS TWELVE-MONTH PERIOD WILL NOT BE CONSIDERED. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT, OR ANY LEGAL THEORY.
22. 3REWARDCLAN MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE RELIABILITY, AVAILABILITY, OR ACCURACY OF THE SERVICES. HOWEVER, WE WANT TO REASSURE YOU THAT WE ARE COMMITTED TO PROVIDING THE BEST SERVICE POSSIBLE. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS MEANS THAT WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTIONS OR ERRORS IN THE SERVICES.
22.4 SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGES OR WARRANTIES TO BE EXCLUDED, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, WE WANT TO MAKE IT CLEAR THAT REWARDCLAN'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. WE BELIEVE IN TRANSPARENCY AND WANT YOU TO BE FULLY INFORMED ABOUT OUR STANCE ON LIABILITY IN DIFFERENT JURISDICTIONS.
23.1 GDPR and Global Privacy Laws: RewardClan is committed to protecting your personal data and complies with all relevant data protection laws, including but not limited to the General Data Protection Regulation (GDPR) for EU users, the California Consumer Privacy Act (CCPA) for California residents, and other applicable global data protection regulations. Your personal data will be processed in accordance with our Privacy Policy , which outlines the purposes for which data is collected, how it is used, and your rights regarding your data.
23.2 Data Storage and International Transfer: RewardClan operates as a global Software as a Service (SaaS) platform, legally based in Canada and Nigeria but available to users worldwide. User data is stored using a secure third-party cloud provider, which may involve processing in countries outside the user’s country of residence.
23.3 RewardClan follows industry-standard security practices, including encryption and regular audits, to safeguard user data. We comply with data protection laws in all operational regions. By using RewardClan, you consent to the transfer, storage, and processing of their data in jurisdictions with different data protection standards.
24.1 Any disputes or claims arising from or relating to these Terms of Use or using RewardClan’s services shall be resolved through informal negotiation and direct communication.
24.2 Where informal negotiation fails, the parties shall resort to mediation, where parties fails to resolve the dispute through Mediation.
24.3 RewardClan also offers alternative dispute resolution channels in different regions. Users can opt for ADR methods such as online dispute resolution (ODR) or any recognized ADR channel within their jurisdiction.
24.4 Where the channels listed in 20.1 to 20.3 fail, the parties shall resort to arbitration. Each party shall be responsible for its own costs and legal fees, although the arbitrator may award costs and fees as deemed appropriate based on the rules and circumstances of the dispute.
24.5 You and RewardClan agree to arbitrate any disputes individually and not to consolidate or join any arbitration with the claims of any other party. This means that disputes will be resolved solely between you and RewardClan.
24.6 The decision of the Arbitrator(s) shall be final and binding on the parties.
24.7 Either party can initiate arbitration in the Toronto, Canada in which case, it shall be conducted in Toronto, Canada, under the rules of the International Chamber of Commerce (ICC) or another recognized arbitration institution or in Nigeria, in which case it shall be governed by the Arbitration and Mediation Act 2023. However, for users in other regions, RewardClan may consider alternative locations if both parties mutually agree, subject to legal and logistical considerations.
24.8 The Arbitration shall either party initiate arbitration in Toronto, Canada in which case, it shall be conducted in Toronto, Canada, under the rules of the International Chamber of Commerce (ICC) or another recognized arbitration institution.
24.9 By agreeing to these Terms of Use, you consent to the exclusive jurisdiction of the arbitration process as outlined, and you acknowledge that this process provides a fair and efficient resolution mechanism for any disputes related to these Terms or our services.
25.1Entire Agreement: This Agreement constitutes the entire understanding between the parties. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
25.2Jurisdiction: The validity, construction, and performance of this Agreement shall be governed and construed in accordance with the laws applicable to contracts and other applicable laws in force in Nigeria and Canada without giving effect to principles of conflicts of law. For users outside these jurisdictions, you are entitled to all protections under the consumer laws of your country of residence. Disputes arising from these Terms may be handled in accordance with your local jurisdiction's regulations
25.3Service Level Agreement: RewardClan provides region-specific service level agreements (SLAs) to accommodate differences in infrastructure and time zones. Specific response times and availability will be provided based on the user’s location.
25.4No Waiver: Any failure by either party to enforce the other party’s strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
25.5Language Availability: These Terms and Conditions are currently available only in English. Users are encouraged to seek translation assistance if needed. In the future, RewardClan may provide translations to ensure better accessibility for all users. However, in case of any discrepancies between translations, the English version will prevail.
25.6Export Control Compliance: RewardClan complies with applicable export control laws and regulations. Users acknowledge that they are not located in, under the control of, or a national or resident of any country subject to international sanctions or export restrictions.
25.7Notices: Any notices or communications required or permitted to be given hereunder may be delivered by hand, deposited with a nationally recognized overnight carrier, electronic mail, or mailed by certified mail, return receipt requested, postage prepaid, in each case, to the address of the other party first indicated above.
25.8Assignment and Transfer: This Agreement is personal in nature, and neither party may directly or indirectly assign or transfer it by operation of law or otherwise without the prior written consent of the other party, whose consent will not be unreasonably withheld. All obligations contained in this Agreement shall extend to and be binding upon the parties to this Agreement and their respective successors, assigns, and designees.
25.9 Paragraph: Paragraph, headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement
If you have any questions about this Terms of Use, please contact us at:
RewardClan
Email: [email protected]
By using RewardClan’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.