Terms & Conditions
Effective Date: August 9, 2020
ACCEPTANCE OF TERMS AND CONDITIONS
Through this website and its mobile applications and microsites, Zenoshi Inc. (Zenoshi Reward’s parent company), provides access to software and services (collectively, the "Service") that allow Customers (defined below) to provide and use information for market research purposes. The Service may also include other information and interactivity, such as information and advertising from Clients, and the ability to post comments and participate in discussions. In these Terms of Service, "Customer", "user" or "you" means any person using the Service, whether by browsing Zenoshi Inc. websites or mobile apps or participating in any other activities available through the Service.
These Terms of Service (the "Terms of Service" or "Agreement") sets forth the terms and conditions that apply to the use of this website on which Zenoshi Inc. provides the Service to Customers. READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), BY INDICATING ACCEPTANCE OF THIS AGREEMENT, ENGAGE IN A ZENOSHI INC. OPERATED REWARDS PROGRAM, OR OTHERWISE USING THE SERVICES, OR BY DOWNLOADING THE ZENOSHI INC. APPLICATION, YOU ARE ENTERING INTO THIS AGREEMENT WITH ZENOSHI INC. AND AGREE TO COMPLY WITH ALL OF THE TERMS OF SERVICE HEREOF. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you may not use the Service or this website, or download or use Zenoshi Inc. applications. Void where prohibited.
1. Registration
In order to use the Service, you must create an account and register with us ("Account"). If you register as a Customer or otherwise use the Service, you represent and warrant to Zenoshi Inc. that: (i) you are of legal age to form a binding contract; (ii) you will provide Zenoshi Inc. with accurate, current and complete registration information; (iii) your registration and your use of the Service is not prohibited by law; and (iv) all such registrations use an actual email address owned and operated by you. Zenoshi Inc. reserves the right to suspend or terminate your registration, or your access to the Service, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Service under it. You shall not share your password nor use the Service through using the registration of any third party. Your registration, and this Agreement, is personal to you, and is not transferable by you to any third party without the prior written consent of Zenoshi Inc.
You further represent that you will create and/or use only one Account, and are thereby entitled to the benefits of only one Zenoshi Inc. membership when using the Service or Reward Program(s). Any creation of additional Account(s) shall be considered a violation of this Agreement. Any such violations may result in fees and penalties as deemed appropriate by Zenoshi Inc. to rectify such resulting fraudulent use, including immediate termination of your Zenoshi Inc. account(s). By registering for Zenoshi Inc., you hereby agree to all fees and penalties that may be applied to your Account in the event Zenoshi Inc. deems your use of the Service as a violation of this Agreement, or in any way against the intended purpose or interest of the Service or any Rewards Program(s). In the event such violations cannot be rectified by fees and penalties (as determined by Zenoshi Inc.), or in the event you attempt to register additional Account(s) once your Account has been terminated, Zenoshi Inc. shall be entitled to collect treble damages associated with each violation. You agree to said liquidated damages and shall not contest such figure in any arbitration proceeding (as addressed in Section 13).
2. Minors
Use of Zenoshi, Inc. Services is limited to users who are at least 18 years old, although if you are 13 or more, but not yet 18, you may use this website if your parent or legal guardian agrees to this Agreement on your behalf. Use of the Service is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to use this website, register as a Customer or send personal information to Zenoshi, Inc.
3. Proprietary Materials and Ownership
The Service and the Zenoshi Inc. website and online application are the property of Zenoshi Inc. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the "Site Content"), and all software embodied in the Zenoshi Inc. website or mobile application or otherwise used by Zenoshi Inc. to deliver the Service ("Software"), is proprietary to us or to third parties (which shall be presented upon request) and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks "Zenoshi Rewards", "Zenoshi", and their respective logos are registered or unregistered trademarks of Zenoshi, Inc., and they may not be used in connection with any service or products other than those provided by Zenoshi Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zenoshi Inc. The Service also features the trademarks, service marks, and logos of Clients and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
4. License to Use the Service
Subject to your payment of any applicable fees, Zenoshi Inc. authorizes you to access, view and use the Site Content and Software (collectively, the "Zenoshi Inc. Property") solely to the extent necessary for you to use the Service. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Zenoshi Inc. Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Zenoshi Inc. Property, or any portion of the Zenoshi Inc. Property, is strictly prohibited without the prior written permission of Zenoshi Inc.
You agree, and represent and warrant, that your use of the Service and the Zenoshi Inc. Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Zenoshi Inc. Property or your use of them, and that in using the Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.
5. Terms of the Service
5.1 - A reward account will be opened for you automatically on registration within the Zenoshi Rewards app. Your reward account status can be checked on-line at any time from within the Zenoshi Rewards app.
5.2 - Individuals may only open one Zenoshi Rewards account. Attempts by a single person to open multiple accounts may result in suspension of all their accounts and awards.
5.3 - You may not earn credits or other Awards in Zenoshi Rewards if you setup an account with any other app. You must choose to participate in one program only.
5.4 - Award redemptions must be made within the Zenoshi Rewards app. You may be asked to confirm and enter some information about yourself and your household in order to redeem Awards.
5.5 - Zenoshi Reward Coins, spins, sweepstakes entries, and other Awards will be rewarded as described within the app.
5.6 - Receipt images uploaded through the app must legibly include the retailer name, all individual items purchased and their prices, the total amount paid and transaction date and time. If any of this receipt information is illegible or missing, your receipt may not earn Awards.
5.7 - Receipt images must be uploaded within 30-days of the in-store transaction to be eligible for Awards. The same receipt may not be uploaded more than once. You may only submit real, unmodified receipts for shopping trips that you were part of.
5.8 - All receipts earn rewards for purchases everywhere in the USA and Canada with the following exceptions. Receipts such as credit card slips, rent or mortgage receipts, auto loan payment receipts, utilities receipts, corporate / business expenses, gambling receipts and services invoices are not eligible. ALL RECEIPTS SUBJECT TO REVIEW!
5.9 - If you have any questions related to your Awards, Account or the Zenoshi Rewards app, you may use the feedback feature within the app to contact us.
5.10 - Zenoshi Rewards and its parent company, Zenoshi Inc., reserve the right to change the Rewards Program and Award redemption options and will notify you of changes from within the Zenoshi Rewards app with at least a 2-day notice.
5.11 - The minimum Award redemption value is 5,000 Zenoshis.
5.12 - All redemption requests will be processed within 14-days of their submission.
5.13 - Zenoshi Inc. reserves the right to decide who may use the Zenoshi Rewards app.
5.14 - Zenoshi Inc. may freeze or eliminate your Zenoshi Rewards Account after three consecutive months of inactivity. This will be at Zenoshi Inc.'s discretion.
5.15 - Zenoshi Inc. may freeze or eliminate your Zenoshi Rewards Account if fraudulent activity is suspected and/or if receipts submitted are not the direct result of your shopping activity. Specifically, you may NOT submit receipts resulting from shopping trips that you were not a part of or that have been modified in any way.
5.16 - Zenoshi Inc. may not offer the ability to redeem points or coins for cash or other currencies like crypto currencies until advertising revenues materialize to fund them.
6. Sweepstakes, Contests & Promotions
Any sweepstakes, contests or other promotions (collectively, "Promotions") that may be offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotions, use of Submissions, and disclosures about how your personal information may be used. Promotions are hosted by the Service and is not affiliated with any other company. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the Rewards Program Sponsor(s) identified therein.
7. Third Party Websites
The Zenoshi Inc. website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Zenoshi Inc. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
8. Ideas Submitted to Zenoshi, Inc.
Zenoshi Inc. is pleased to hear from you and welcomes your comments about the Service. If you submit ideas or suggestions for the Service ("Service Comments"), the Service Comments will be deemed, and will remain, the sole property of Zenoshi Inc. None of the Service Comments will be subject to any obligation of confidence on the part of Zenoshi Inc., and Zenoshi Inc. will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, Zenoshi Inc. will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
9. Warranty Exclusions and Limitations of Liability
Zenoshi Inc. does not warrant that the Service or Zenoshi Inc. Property will operate error-free or without downtime. Zenoshi Inc. may pause or interrupt the Service at any time, and users should expect periodic downtime for updates to the Service. Because we do not control the security of the Internet, or other networks you use to access the microsite, Zenoshi Inc. is not responsible for the security of information that you choose to communicate with Zenoshi Inc. and the microsite while it is being transmitted. Additionally, Zenoshi Inc. is not responsible for any data lost during transmission. Customer's sole and exclusive remedy, and Zenoshi Inc.'s sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at Zenoshi Inc.'s option) to remedy the failure or to give a credit to the Customer the amount owed as an Award under a Rewards Program. (Individual Customer contracts with Zenoshi Inc. may include remedy terms which supersede those listed above.)
ZENOSHI INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, INCENTIVES AND ZENOSHI INC. PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR ZENOSHI INC. PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE ZENOSHI INC. PROPERTY. No advice or information, whether oral or written, obtained by you from Zenoshi Inc. or through the Service will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM ZENOSHI INC. ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR ZENOSHI INC. PROPERTY, EVEN IF ZENOSHI INC. HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
ZENOSHI INC.'S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF THE AMOUNT OWED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Digital Millennium Copyright Act
Company complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services, you may contact our Designated Agent at the following address:
President
Zenoshi, Inc.
28 Shawcliffe Place SW
Calgary, AB T2Y 1H5
Email: info@zenoshi.com
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Services;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter Notices
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
1. a physical or electronic signature of the subscriber;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
11. Link to the Privacy Policy
Zenoshi, Inc. is concerned about user privacy and operates the Service under the PRIVACY POLICY published at (link to Privacy Policy). We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience. By signing up for an Account or using the Zenoshi Rewards service, you agree that we may collect, use and disclose your information as described in the Privacy Policy.
As explained in the Privacy Policy, your information may be stored and processed on our servers in Canada and the United States. In addition, any of our group companies or third parties to whom your information is provided (as described in the Privacy Policy) may be located in any jurisdiction in the world. These jurisdictions (including Canada and the United States) may not provide the same level of protection for your information as the country in which you reside. By signing up for an Account or using the Zenoshi Rewards service, you agree that your information may be stored and processed in, and transferred to, these jurisdictions.
12. Arbitration
This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties. If a matter arises that cannot be resolved between you and Zenoshi Inc. with reasonable effort, you agree that all such disagreements or disputes that in any way involves the Program or this Agreement shall be resolved exclusively by final and binding administration by the Canadian Arbitration Association ("CAA"), and will be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the CAA. You agree that the arbitration shall be held in Canada, or at any other location that is mutually agreed upon by You and Zenoshi Inc. You agree that the arbiter will apply the laws of the Province of Alberta consistent with the Federal Arbitration Act, and will honor and agree to all applicable statutes of limitation. You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between You and Zenoshi, Inc. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, with the exception of the class language referenced herein, in such case this entire section shall be deemed invalid.
13. Suspension; Modifications and Termination
Zenoshi Inc. reserves the right to suspend your password and/or access to the Service at any time if it believes you are in breach of this Agreement. Zenoshi Inc. reserves the right to terminate or modify this Agreement, terminate the Service or modify any features or aspects of the Service, or modify its policies at any time, with or without notice to you. Any such termination will not affect any Incentives you have earned prior to termination. If you earn an Incentive or use the Service, you shall be bound by the version of the Agreement in effect at the time of your purchase. If we make changes that materially affect your use of the Program or Services, we will post a notice of the change on the Zenoshi Inc. website. You are under an obligation to review the current version of this Agreement and other published Zenoshi Inc. policies before using the Service. Sections 2, 3, 5, 7-12, 14 and 15, any accrued rights and remedies hereunder, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
14. Force Majeure
In no event shall Zenoshi Inc. be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Zenoshi Inc.'s reasonable control.
15. Third Party Beneficiaries
The provisions of this Agreement are entered into for the benefit of Zenoshi Inc. and its third-party licensors and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third-party beneficiaries to this Agreement.
16. Miscellaneous Provisions.
No delay or omission by Zenoshi Inc. in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Zenoshi Inc. of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" and the term "partner" is used solely to denote another entity with whom Zenoshi Inc. has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Zenoshi Inc. regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes in writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. You agree to act in a way that complies with the letter and spirit of this Agreement and the terms of any Loyalty or Rewards Program, and you understand that failure to do so can result in your immediate deletion of your Zenoshi, Inc. account.
17. Choice of Law
Any disputes arising out of or related to this Agreement and/or the Program shall be governed by the laws of the Province of Alberta, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision in Section 11 shall be governed by the Federal Arbitration Act.
Effective Date: August 9, 2020
ACCEPTANCE OF TERMS AND CONDITIONS
Through this website and its mobile applications and microsites, Zenoshi Inc. (Zenoshi Reward’s parent company), provides access to software and services (collectively, the "Service") that allow Customers (defined below) to provide and use information for market research purposes. The Service may also include other information and interactivity, such as information and advertising from Clients, and the ability to post comments and participate in discussions. In these Terms of Service, "Customer", "user" or "you" means any person using the Service, whether by browsing Zenoshi Inc. websites or mobile apps or participating in any other activities available through the Service.
These Terms of Service (the "Terms of Service" or "Agreement") sets forth the terms and conditions that apply to the use of this website on which Zenoshi Inc. provides the Service to Customers. READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), BY INDICATING ACCEPTANCE OF THIS AGREEMENT, ENGAGE IN A ZENOSHI INC. OPERATED REWARDS PROGRAM, OR OTHERWISE USING THE SERVICES, OR BY DOWNLOADING THE ZENOSHI INC. APPLICATION, YOU ARE ENTERING INTO THIS AGREEMENT WITH ZENOSHI INC. AND AGREE TO COMPLY WITH ALL OF THE TERMS OF SERVICE HEREOF. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you may not use the Service or this website, or download or use Zenoshi Inc. applications. Void where prohibited.
1. Registration
In order to use the Service, you must create an account and register with us ("Account"). If you register as a Customer or otherwise use the Service, you represent and warrant to Zenoshi Inc. that: (i) you are of legal age to form a binding contract; (ii) you will provide Zenoshi Inc. with accurate, current and complete registration information; (iii) your registration and your use of the Service is not prohibited by law; and (iv) all such registrations use an actual email address owned and operated by you. Zenoshi Inc. reserves the right to suspend or terminate your registration, or your access to the Service, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Service under it. You shall not share your password nor use the Service through using the registration of any third party. Your registration, and this Agreement, is personal to you, and is not transferable by you to any third party without the prior written consent of Zenoshi Inc.
You further represent that you will create and/or use only one Account, and are thereby entitled to the benefits of only one Zenoshi Inc. membership when using the Service or Reward Program(s). Any creation of additional Account(s) shall be considered a violation of this Agreement. Any such violations may result in fees and penalties as deemed appropriate by Zenoshi Inc. to rectify such resulting fraudulent use, including immediate termination of your Zenoshi Inc. account(s). By registering for Zenoshi Inc., you hereby agree to all fees and penalties that may be applied to your Account in the event Zenoshi Inc. deems your use of the Service as a violation of this Agreement, or in any way against the intended purpose or interest of the Service or any Rewards Program(s). In the event such violations cannot be rectified by fees and penalties (as determined by Zenoshi Inc.), or in the event you attempt to register additional Account(s) once your Account has been terminated, Zenoshi Inc. shall be entitled to collect treble damages associated with each violation. You agree to said liquidated damages and shall not contest such figure in any arbitration proceeding (as addressed in Section 13).
2. Minors
Use of Zenoshi, Inc. Services is limited to users who are at least 18 years old, although if you are 13 or more, but not yet 18, you may use this website if your parent or legal guardian agrees to this Agreement on your behalf. Use of the Service is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to use this website, register as a Customer or send personal information to Zenoshi, Inc.
3. Proprietary Materials and Ownership
The Service and the Zenoshi Inc. website and online application are the property of Zenoshi Inc. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the "Site Content"), and all software embodied in the Zenoshi Inc. website or mobile application or otherwise used by Zenoshi Inc. to deliver the Service ("Software"), is proprietary to us or to third parties (which shall be presented upon request) and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks "Zenoshi Rewards", "Zenoshi", and their respective logos are registered or unregistered trademarks of Zenoshi, Inc., and they may not be used in connection with any service or products other than those provided by Zenoshi Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zenoshi Inc. The Service also features the trademarks, service marks, and logos of Clients and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
4. License to Use the Service
Subject to your payment of any applicable fees, Zenoshi Inc. authorizes you to access, view and use the Site Content and Software (collectively, the "Zenoshi Inc. Property") solely to the extent necessary for you to use the Service. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Zenoshi Inc. Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Zenoshi Inc. Property, or any portion of the Zenoshi Inc. Property, is strictly prohibited without the prior written permission of Zenoshi Inc.
You agree, and represent and warrant, that your use of the Service and the Zenoshi Inc. Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Zenoshi Inc. Property or your use of them, and that in using the Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.
5. Terms of the Service
5.1 - A reward account will be opened for you automatically on registration within the Zenoshi Rewards app. Your reward account status can be checked on-line at any time from within the Zenoshi Rewards app.
5.2 - Individuals may only open one Zenoshi Rewards account. Attempts by a single person to open multiple accounts may result in suspension of all their accounts and awards.
5.3 - You may not earn credits or other Awards in Zenoshi Rewards if you setup an account with any other app. You must choose to participate in one program only.
5.4 - Award redemptions must be made within the Zenoshi Rewards app. You may be asked to confirm and enter some information about yourself and your household in order to redeem Awards.
5.5 - Zenoshi Reward Coins, spins, sweepstakes entries, and other Awards will be rewarded as described within the app.
5.6 - Receipt images uploaded through the app must legibly include the retailer name, all individual items purchased and their prices, the total amount paid and transaction date and time. If any of this receipt information is illegible or missing, your receipt may not earn Awards.
5.7 - Receipt images must be uploaded within 30-days of the in-store transaction to be eligible for Awards. The same receipt may not be uploaded more than once. You may only submit real, unmodified receipts for shopping trips that you were part of.
5.8 - All receipts earn rewards for purchases everywhere in the USA and Canada with the following exceptions. Receipts such as credit card slips, rent or mortgage receipts, auto loan payment receipts, utilities receipts, corporate / business expenses, gambling receipts and services invoices are not eligible. ALL RECEIPTS SUBJECT TO REVIEW!
5.9 - If you have any questions related to your Awards, Account or the Zenoshi Rewards app, you may use the feedback feature within the app to contact us.
5.10 - Zenoshi Rewards and its parent company, Zenoshi Inc., reserve the right to change the Rewards Program and Award redemption options and will notify you of changes from within the Zenoshi Rewards app with at least a 2-day notice.
5.11 - The minimum Award redemption value is 5,000 Zenoshis.
5.12 - All redemption requests will be processed within 14-days of their submission.
5.13 - Zenoshi Inc. reserves the right to decide who may use the Zenoshi Rewards app.
5.14 - Zenoshi Inc. may freeze or eliminate your Zenoshi Rewards Account after three consecutive months of inactivity. This will be at Zenoshi Inc.'s discretion.
5.15 - Zenoshi Inc. may freeze or eliminate your Zenoshi Rewards Account if fraudulent activity is suspected and/or if receipts submitted are not the direct result of your shopping activity. Specifically, you may NOT submit receipts resulting from shopping trips that you were not a part of or that have been modified in any way.
5.16 - Zenoshi Inc. may not offer the ability to redeem points or coins for cash or other currencies like crypto currencies until advertising revenues materialize to fund them.
6. Sweepstakes, Contests & Promotions
Any sweepstakes, contests or other promotions (collectively, "Promotions") that may be offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotions, use of Submissions, and disclosures about how your personal information may be used. Promotions are hosted by the Service and is not affiliated with any other company. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the Rewards Program Sponsor(s) identified therein.
7. Third Party Websites
The Zenoshi Inc. website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Zenoshi Inc. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
8. Ideas Submitted to Zenoshi, Inc.
Zenoshi Inc. is pleased to hear from you and welcomes your comments about the Service. If you submit ideas or suggestions for the Service ("Service Comments"), the Service Comments will be deemed, and will remain, the sole property of Zenoshi Inc. None of the Service Comments will be subject to any obligation of confidence on the part of Zenoshi Inc., and Zenoshi Inc. will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, Zenoshi Inc. will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.
9. Warranty Exclusions and Limitations of Liability
Zenoshi Inc. does not warrant that the Service or Zenoshi Inc. Property will operate error-free or without downtime. Zenoshi Inc. may pause or interrupt the Service at any time, and users should expect periodic downtime for updates to the Service. Because we do not control the security of the Internet, or other networks you use to access the microsite, Zenoshi Inc. is not responsible for the security of information that you choose to communicate with Zenoshi Inc. and the microsite while it is being transmitted. Additionally, Zenoshi Inc. is not responsible for any data lost during transmission. Customer's sole and exclusive remedy, and Zenoshi Inc.'s sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at Zenoshi Inc.'s option) to remedy the failure or to give a credit to the Customer the amount owed as an Award under a Rewards Program. (Individual Customer contracts with Zenoshi Inc. may include remedy terms which supersede those listed above.)
ZENOSHI INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, INCENTIVES AND ZENOSHI INC. PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR ZENOSHI INC. PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE ZENOSHI INC. PROPERTY. No advice or information, whether oral or written, obtained by you from Zenoshi Inc. or through the Service will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM ZENOSHI INC. ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR ZENOSHI INC. PROPERTY, EVEN IF ZENOSHI INC. HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
ZENOSHI INC.'S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE A CREDIT OF THE AMOUNT OWED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. Digital Millennium Copyright Act
Company complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services, you may contact our Designated Agent at the following address:
President
Zenoshi, Inc.
28 Shawcliffe Place SW
Calgary, AB T2Y 1H5
Email: info@zenoshi.com
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Services;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter Notices
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
1. a physical or electronic signature of the subscriber;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
11. Link to the Privacy Policy
Zenoshi, Inc. is concerned about user privacy and operates the Service under the PRIVACY POLICY published at (link to Privacy Policy). We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience. By signing up for an Account or using the Zenoshi Rewards service, you agree that we may collect, use and disclose your information as described in the Privacy Policy.
As explained in the Privacy Policy, your information may be stored and processed on our servers in Canada and the United States. In addition, any of our group companies or third parties to whom your information is provided (as described in the Privacy Policy) may be located in any jurisdiction in the world. These jurisdictions (including Canada and the United States) may not provide the same level of protection for your information as the country in which you reside. By signing up for an Account or using the Zenoshi Rewards service, you agree that your information may be stored and processed in, and transferred to, these jurisdictions.
12. Arbitration
This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties. If a matter arises that cannot be resolved between you and Zenoshi Inc. with reasonable effort, you agree that all such disagreements or disputes that in any way involves the Program or this Agreement shall be resolved exclusively by final and binding administration by the Canadian Arbitration Association ("CAA"), and will be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the CAA. You agree that the arbitration shall be held in Canada, or at any other location that is mutually agreed upon by You and Zenoshi Inc. You agree that the arbiter will apply the laws of the Province of Alberta consistent with the Federal Arbitration Act, and will honor and agree to all applicable statutes of limitation. You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between You and Zenoshi, Inc. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, with the exception of the class language referenced herein, in such case this entire section shall be deemed invalid.
13. Suspension; Modifications and Termination
Zenoshi Inc. reserves the right to suspend your password and/or access to the Service at any time if it believes you are in breach of this Agreement. Zenoshi Inc. reserves the right to terminate or modify this Agreement, terminate the Service or modify any features or aspects of the Service, or modify its policies at any time, with or without notice to you. Any such termination will not affect any Incentives you have earned prior to termination. If you earn an Incentive or use the Service, you shall be bound by the version of the Agreement in effect at the time of your purchase. If we make changes that materially affect your use of the Program or Services, we will post a notice of the change on the Zenoshi Inc. website. You are under an obligation to review the current version of this Agreement and other published Zenoshi Inc. policies before using the Service. Sections 2, 3, 5, 7-12, 14 and 15, any accrued rights and remedies hereunder, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
14. Force Majeure
In no event shall Zenoshi Inc. be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Zenoshi Inc.'s reasonable control.
15. Third Party Beneficiaries
The provisions of this Agreement are entered into for the benefit of Zenoshi Inc. and its third-party licensors and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third-party beneficiaries to this Agreement.
16. Miscellaneous Provisions.
No delay or omission by Zenoshi Inc. in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Zenoshi Inc. of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" and the term "partner" is used solely to denote another entity with whom Zenoshi Inc. has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Zenoshi Inc. regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes in writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. You agree to act in a way that complies with the letter and spirit of this Agreement and the terms of any Loyalty or Rewards Program, and you understand that failure to do so can result in your immediate deletion of your Zenoshi, Inc. account.
17. Choice of Law
Any disputes arising out of or related to this Agreement and/or the Program shall be governed by the laws of the Province of Alberta, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision in Section 11 shall be governed by the Federal Arbitration Act.