Last updated: May 1, 2022

1. Reading, Agreeing and Keeping a Copy. These terms are legally binding.

In these terms and conditions (Terms), we, us and our means Lynq Connections Inc. (Lynq) and you and your means the person who uses a Device to access the Services through the app (App). We provide and manage the App.  These Terms govern your access and use of the App and the Services.

Read and agree. You must read and agree to these Terms, which are a legally binding contract between you and us, before you can use the App and access the Services.

By checking the box on-screen, you confirm (i) that you are the age of majority in the place where you live and (ii) that you have read and agree to these Terms. These Terms take effect on the date that you check the box on-screen. You cannot use the App or access the Services unless you have read and agreed to these Terms.

Keep a copy of the Terms. You can view these Terms from a link in the App and on our website  https://lynq.cash and print or save these Terms using the print / save function in your browser. We will email you with a link to these Terms at the email address you provide when signing up for the App.

Please see the definitions section at the end of these Terms for any other capitalized words not otherwise defined.

2. Services. What is the Service and how does it work?

Under these Terms, the Services means the features, functionality, content and information provided by us via the App and include any Services that may be provided by Service Providers and Third Parties.

Some of the Services may be provided in whole or in part by Service Providers and Third Parties. The Services are currently available in English only, despite any language settings on your Device.

The Services and the App may not be accessible at all times. In addition, functionality, features, content or information may change, and may not always be available.

The Services currently available through the App are set out below:

·      Linking Accounts:  you may elect to link one or more eligible credit cards (Linked Card).  You are responsible for entering the correct information when setting up your Linked Card.  Each Linked Card may only be linked to your Member Account once and may not be added to more than one Member Account. We are not responsible for any error on your part nor are we responsible if, for any technical or other reason, you are unable to link a specific card to your Member Account.  For each Linked Card, you authorize us on an ongoing basis to retrieve, organize and present to you information about Qualifying Transactions (a personal purchase of a good or service using your Linked Card from a Participating Merchant that complies with all Promotional Reward terms).

Please review the “Linked Card” section of these Terms for additional terms and conditions applicable to Linked Cards.

·      Earning Lynq Rewards: You will earn cash back when you complete a Qualifying Transaction (by using a Linked Card at a Participating Merchant) that complies with all Promotional Reward terms.  Promotional Rewards and Terms for earning Lynq Rewards are set out in the App.  Lynq Rewards are earned on the final price of your Qualifying Transaction including tax and any other applicable fees.  Lynq Rewards may be combined with other Lynq or Participating Merchant Offers but cannot be applied retroactively to previous transactions.

Lynq Rewards are earned on the Canadian dollar equivalent of Qualified Transactions made in a currency other than Canadian dollars.

You can view your balance of earned Lynq Rewards in the App. If there’s any error in your balance of Lynq Rewards you must notify us within 60 days of any Qualifying Transaction and provide a receipt confirming the Qualifying Transaction. We will follow our internal operational procedures to track and account for all Lynq Rewards earned. In the event of any dispute or discrepancy regarding your balance of earned Lynq Rewards, Lynq in its discretion will make the final decision on Lynq Rewards earned.

Earned Lynq Rewards for a Qualifying Transaction will be reflected under “History” accessible via the Profile screen or by clicking on your Lynq Rewards cash balance in the top right of the App.  It may take up to 7 business days from the date a Qualifying Transaction is made for the related earned Lynq Rewards to be reflected in your Member Account.

If, in accordance with the Participating Merchant’s return policy, you cancel or return the products or services associated with the Qualifying Transaction your earned Lynq Rewards will be reduced as applicable.

In our discretion we may do any of the following: (i) set a maximum amount of Lynq Rewards that may be earned in a particular period; (ii) set a holding period before earned Lynq Rewards can be cashed out; (iii) review your accrual of Lynq Rewards and determine if certain Qualifying Transactions are not eligible to earn Lynq Rewards; (iii) reverse any Lynq Rewards earned if following our review we suspect any fraudulent activity.

·      Cashing Out Lynq Rewards: Options for cashing out your Lynq Rewards may change over time and will be set out in the App. Currently you are only able to receive or cash out your Lynq Rewards via the Interac e-Transfer service to the email account associated with your Member Account.  Terms applicable to cashing out Lynq Rewards are set out in the App. The minimum amount of Lynq Rewards that you can cash out at any time is $25 CAD. The maximum amount of Lynq Rewards that you can cash out is $2500 CAD per calendar quarter (starts Jan. 1). Subject to the minimum and maximum limitations noted herein, you may elect to cash out a portion of the Lynq Rewards in your Member Account. If the amount of Lynq Rewards you choose to cash out is greater than $250 CAD in one 5 business day period it may be subject to a manual review and may take up to 7 business days to appear in your bank account. We will follow our internal operational procedures to track and account for all Lynq Rewards that you cash out.

Receive your Lynq Rewards via the Interac e-Transfer service to the email account associated with your Member Account. If you are unable or unwilling to accept payment via the Interac e-Transfer service then you will be unable to cash out your Lynq Rewards and your Lynq Rewards will continue to accumulate in your Member Account. If you are no longer able to access the email account associated with your Member Account please contact us through the “Support” option within the App or contact: support@lynq.cash.  We are not responsible for any error on your part nor are we responsible if for any technical or other reason you are unable to receive cashback via the Interac e-Transfer service.

·      Location-Based Services: If your Device permissions are set to allow for the use of location-based services, we will organize, sort and present the Promotional Rewards to you based on your location, and we will provide an estimated distance to the Participating Merchants from your current location.

3. Linked Card.  What happens if I choose to add a Linked Card?

The following applies if you choose to add a Linked Card:

·      Card Eligibility.  The Services are limited to credit cards only. Payment cards that are not eligible for use with the App include, without limitation, debit cards, corporate and purchasing cards, prepaid and/or gift cards.

·      Transaction Eligibility.  Not all Participating Merchant locations or transactions at Participating Merchants with your Linked Card may be eligible to earn Lynq Rewards.  This may include payments made through third-party digital wallets or payment apps and other transactions not processed through the Payment Card Network’s own system.  Please review applicable Promotional Reward terms.

·      Linked Card Information.  You authorize our Service Provider to collect and store your Linked Card information and share it with the Payment Card Network so it knows you’ve linked the eligible card.  Upon choosing to add a Linked Card, you also authorize the Payment Card Network to monitor transactions on your Linked Card(s) to identify Qualifying Transactions, and for the Payment Card Network to share details (including the last 4 digits of your Linked Card, the time, date and amount of the Qualifying Transaction, and Participating Merchant information) about the Qualifying Transactions with our Service Provider who will then share details with us so that we can provide the Services.  Please see section 12 (Privacy) of these Terms for more information about the collection, usage and disclosure of your personal information.

·      Service Provider Terms.  In order to add a Linked Card, you must accept any terms and conditions presented by our Service Provider.

·      Payment Card Networks.  You agree that the Payment Card Network will not be liable to you or to any Third Party for any loss whatsoever resulting in connection with (directly or indirectly) the Terms and your participation in the App.

To unregister or de-link a Linked Card, please click on the Linked Card displayed in the Profile section within the App and then click on “Delete Card”, or contact: support@lynq.cash.

4. Sending Lynq Rewards. How do I send my Lynq Rewards to other Lynq users?

Prior to Sending Lynq Rewards to another user you must (i) designate another user with an active Member Account through the App, (ii) have a balance of Lynq Rewards in your Member Account equal to, or greater than, the minimum option available in the App and (iii) have completed a Qualifying Transaction with a Participating Merchant.

The Lynq Rewards in your account are subject to verification by us. Once your Lynq Rewards have been given to another user, no changes or refunds of Lynq Rewards are permitted for any reason. If any Lynq Rewards are believed to have been sold, or obtained fraudulently, or given to someone other than the intended user of the Member Account, those Lynq Rewards will be void and will not be honored.

5. Sharing App. How do I share App with other people?

You can elect to share the App with someone else who does not have an active Member Account. By sharing the App, you and the other party, will earn bonus Lynq Rewards provided that the other person (i) does not already have a Member Account, (ii) creates an active Member Account through the App, (ii) completes a Qualifying Transaction with a Participating Merchant that complies with all Prmotional Reward terms.

6. Costs, Fees and Related Charges. Do I have to pay any fees?

There are no fees to access the App or the Services. You are responsible for all costs, fees, data plans and related charges associated with your use of any Devices, and they are not reimbursable by us.

7. Communication. How will we contact each other?

You can contact us at support@lynq.cash.

We will contact you and provide notices through the App and using the contact information you provided in the App. It is your responsibility to accurately input your contact information and keep it up to date. You understand that if you do not provide accurate and up to date contact information, we may not be able to complete the signup process or otherwise contact you.

You authorize us to send push notifications to your Device in relation to the Services. In order to enable or to disable push notifications, you must adjust the settings on your Device. You understand that push notifications are unsecure and not encrypted and can be read by others if you allow them to view your Device.  We provide push notifications for convenience and information purposes only.

Termination. How can you or we end these Terms?

Termination by us – Without prior notice and for any reason, we can (i) suspend or terminate your use of the App and access to the Services, and (ii) terminate part or all of these Terms or the Services. We are not responsible for any loss or inconvenience that may result in such suspension or termination.

Termination by you – To delete your profile and terminate your use of the App and access to the Services and these Terms, you can contact us using the contact information provided in the “Communication” section of these Terms.

8. Changes. How will we tell you about any changes?

We can change (add, remove or alter) any part or feature of the Services, without giving you notice. Following any change, these Terms will continue to apply to all or parts of the Services. Subject to legal and regulatory requirements, we can also change these Terms by giving you notice of the changes, either before or after the changes take effect. If you use the App or access the Services after a change to these Terms, or after we have notified you of a change, you are deemed to have reviewed and accepted the new version of these Terms.

9. Instructions and Security. You are responsible for decisions you make when you are signed in and for the security of your information.

You will be required to provide Sign-In Credentials to access the Services. You authorize us to accept and you agree to be responsible for any instruction given by you or purported to be given by you using your Sign-In Credentials. Any instruction will have the same legal effect as if it was a written instruction and signed by you.

You are responsible for keeping your Sign-In Credentials confidential, and you must not disclose them to anyone. We will not be responsible for any losses that may result if you share or lose your Sign-In Credentials. When using the App and accessing the Services, you agree that you will take all steps necessary to ensure that you do not reveal any confidential information to anyone other than us. This includes making sure that other people cannot see your Device screen.

You must also:

·      Sign out after each session to prevent anyone else from accessing the App and the Services. If you do not sign out of the App, you will remain signed into the App;

·      Use reasonable steps and precautions to protect your Device against loss, theft or unauthorized access;

·      You must not enable the Touch ID feature if any fingerprint(s) besides your own are registered on your Device. If you enable the Touch ID Feature, you agree that only your fingerprint(s) are registered to use the Touch ID Service on your Device to help protect the security of your profile and information, and to help prevent unauthorized transactions;

·      Use reasonable security measures which include up-to-date virus scanning software and a firewall system, if such security measures are available for your Device; and

·      Comply with any additional security requirements that we may require in connection with the Services.

10. Service Providers and Third Parties. Other entities help us provide the App and the Services.

We use Service Providers and Third Parties to provide or to assist us in providing the Services or Third Party Services, we do not sponsor or endorse any Third Party and we are not affiliated or associated with any Service Provider or Third Party.

When using the App and accessing the Services,

·      You may use Service Provider Services solely for your own personal use;

·      You may not sell, distribute or otherwise use Service Provider Services or other information from the App or the Services, and you may not permit such distribution or use by anyone else; and

·      You may not provide or make available any Service Provider Services to any provider of products or services similar to those products and services provided by the Service Providers.

You understand and agree that (i) your use of any Third Party Services is at your sole risk and may be subject to the terms and privacy policy of the Third Party and (ii) Third Party Services are provided “as-is” and “as available”, and that we expressly disclaim all warranties (express and implied) in connection with any Third Party Services and all information, products and other content included in or accessible from any Third Party Services, including, without limitation, any warranties regarding accuracy, completeness, merchantability or fitness for a particular purpose.

Service Providers retain all ownership rights, including all intellectual property rights, in Service Provider Services and to their trademarks and logos that appear on the App and in the Services. Nothing in these Terms, the App or the Services should be interpreted as conferring any right for you: (i) to use Service Provider Services in any way other than as expressly permitted in these Terms; or (ii) to use any Service Provider trademarks or logos.

You agree that we, Third Parties and Service Providers may use information and content you provide through the App and the Services to create use and distribute statistical, profiling, performance or operational reports about the App and the Services. These reports may be shared with Third Parties, in which case, the information in the reports will not be attributable to you.

11. Referral Fees. We may receive fees when we refer you to Third Parties.

A Third Party may pay us, or we may receive from a Third Party, directly or indirectly, a referral fee when we refer you to the Third Party and you elect to purchase or obtain products or services from the Third Party. The amount of any referral fee paid or received for referrals will not affect any fees you may be required to pay us or to the Third Party.

12. Privacy. Information we collect and how we use it.

You authorize us (and our Service Providers) to collect, use and disclose your information in order to provide you with the Services.

Collecting your personal information

We will collect information from and about you such as:

Information establishing your identity (for example, name, email address, phone number).

Information about your location.

Information you provide in connection with your use or receipt of the Services.

Information we obtain from Service Providers related to the Services, including information about Qualifying Transactions such as Participating Merchant name and location, purchase amount, date and time, and applicable Payment Card Network. For clarity, our Service Provider will not provide us with your 16 digit Linked Card account number, otherwise know as your Personal Account Number or PAN.  Please refer to our Service Provider’s privacy policy (https://fidel.uk/legal/privacy) for details about how your Linked Card account number is collected, handled and stored.

Information we obtain from service arrangements you make with or through us.

Technical information about how you interact with the App, including pages visited, time spent on the App, IP address and Device identifier information.

Using your personal information

This information may be used from time to time for the following purposes:

·      To create your profile in the App and provide you with the Services.

·      To verify your identify.

·      To confirm a Qualifying Transaction and facilitate awarding and funding of Lynq Rewards.

·      To report on Promotional Reward performance.

·      To promote our products and Services, and promote products and services of Third Parties we select, including providing Promotional Reward that may be of interest to you.

·      To create aggregated or non-personalized data for market research and other services.

·      To help us better understand the current and future needs of our users.

·      To help us better manage and improve the Services, our business and your relationship with us.

·      To manage our risks and operations.

·      To comply with valid requests for information about you from regulators, government agencies, public bodies or other entities who have a right to issue such requests.

Disclosing your personal information

The information we obtain from and about you may, where not prohibited by applicable laws, be disclosed as described below for the purposes described in the “Using your personal information” section:

·      To our employees, agents and independent contractors, and Service Providers, all of whom are required to maintain the confidentiality of this information in accordance with these Terms and applicable laws. In the event a Service Provider is located outside of Canada, the Service Provider is bound by, and the information may be disclosed in accordance with, the laws of the jurisdiction in which the Service Provider is located.

·      To Third Parties (including Participating Merchants) as required for invoicing (including the last 4 digits of your Linked Card, the time, date and amount of the Qualifying Transaction, and Participating Merchant information).

·      To Third Parties (including Participating Merchants) in aggregate or non-personalized format.

·      To regulators, government agencies, public bodies or other entities to comply with valid requests for information about you provided such entities have a right to issue such requests.

Other optional uses of your personal information

·      We may use the information we obtain from and about you to promote our products and Services, and promote products and services of Third Parties we select, which may be of interest to you.

·      We may communicate with you through various channels, including telephone, email or mail, using the contact information you have provided to us.

You may choose not to have your information shared or used for any of the “Other optional uses of your personal information” described above by contacting us as set out below, and in this event, you will not be refused other services just for that reason. 

Your right to access your personal information

You may obtain access to the personal information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by applicable laws.  To request access to such information, to ask questions about our privacy policies or to request that the information not be used for any or all of the purposes outlined in “Other optional uses of your personal information” you may do so now or at any time in the future by contacting us at support@lynq.cash.

Our privacy policies

You may obtain more information about our privacy policies by visiting www.lynq.cash/privacypolicy.

13. Compliance and Prohibitions. Appropriate use of the App.

Your use of the App and access to the Services must comply with these Terms and all applicable laws.

When using the App and accessing the Services, you will not:

·      Provide untrue, inaccurate or incomplete information;

·      Use the App or access the Services for any illegal, fraudulent, malicious, harassing or defamatory activity or purpose;

·      Use any robot, spider or other indexing device when using the App or accessing the Services;

·      Use any part of the Services to provide internet, service bureau, outsourcing or third-party services or redistribute all or any part of the Services;

·      Take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the App or the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or

·      Reverse engineer or reverse compile the source code for the App or any of the service technology.

14. Ownership. You can use it, but you can’t keep it.

We grant you a non‑exclusive and non-transferable single-user (non-concurrent) license to use the App, in accordance with these Terms. At any time, and at our sole discretion, we may limit, restrict, suspend, declare a moratorium on, or terminate your ability to access the App, or any of the Services, or both; and with notice to you, we may end the Terms relating to the App, including the Services. If these Terms are terminated, you will destroy all copies of the App and all copies of any documentation for the App then in your possession. The grant of this license may not be assigned by you unless agreed upon in writing by us.

We retain at all times all ownership rights, including without limitation, copyright, in the App. You agree not to copy, reproduce, transfer copies or reverse engineer the App and not to disclose or distribute the App to Third Parties. We have no obligation to provide any training, maintenance, or other assistance for the App. We are the owner, or licensee, of all intellectual property rights subsisting on each screen made available through the App. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on the Services are our property, or those of our licensors, and without our express written permission, may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, except for personal and non-commercial use, including viewing, printing or archiving of electronic copies of your App activities, in accordance with these Terms and as we may further instruct you. Service Providers and Third Parties retain their respective ownership rights, including all intellectual property rights, in their trademarks and logos that appear on the App and in the Services. Nothing in these Terms or on the App is to be interpreted as conferring a right to use our works, trademarks or logos in any other way or those of any Service Providers or Third Parties.

15. App. Rules for downloading the App.

By choosing to install the App on your Device for the purpose of accessing the Services you consent to the installation of the App and any future updates or upgrades to the App. You may withdraw your consent by deleting the App from your Device.

16. Push Notifications. We may sometimes send information to your Device about the Services, this is how we’ll do it.

You authorize us to send push notifications to your Device in relation to the Services. In order to enable or to disable push notifications, you must adjust the settings on your Device. You understand that push notifications are unsecure and not encrypted and can be read by others if you allow them to view your Device.  We provide push notifications for convenience and information purposes only.

17. No Representations or Warranties. The App and the Services are provided “as is”.

We are providing you with the App and the Services on an “as is” and “as available” basis and we do not make any representations or provide any warranties concerning them. Without limiting the foregoing, we, our Service Providers, and Payment Card Networks, expressly disclaim all warranties in connection with the App and in connection with the Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

18. Liabilities and Indemnities. Read this carefully—it limits your right to sue us.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LYNQ AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  LYNQ AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL LYNQ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PROGRAM, EVEN IF PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL LYNQ’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ (INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’)  TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED $1000 CAD.

You are solely responsible for all information or content that you give us through the App, the Services and the Third Party Services.

We, our Service Providers, and Payment Card Networks, will not be responsible for any loss, damage, harm, injury, delay or inconvenience suffered or incurred by you with respect to: (i) these Terms, the App, the Services or the Third Party Services, (ii) any instruction given to, by or purported to be given by you, using Sign-In Credentials, in connection with the Services or Third Party Services, or (iii) any products or services you obtain or purchase from us or from a Third Party to whom we refer you, or otherwise. Such losses, damages, injuries, delays and inconveniences include, without limitation, (i) direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary damages, (ii) loss of data, profits, information, opportunity, revenues and goodwill, and (iii) any other business interruption, commercial or economic losses. The foregoing limitation of liability applies regardless of the cause of action, even if we have been advised of the possibility of such damages.

In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by any one or more of the following:

·      The actions of, or any failure to act by a Third Party or Service Provider (and no such Third Party will be considered to be acting as our agent);

·      Mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in the Services or Third Party Services or any data given by you to us or any Third Party or Service Provider, including your failure to update;

·      Any delay, error, interruption or failure by us, or any Third Party or Service Provider to perform or fulfill any obligations to you due to any cause beyond our control or their control, any system malfunctions or any technical failures;

·      Unsecured communication being inaccurate, intercepted, reviewed or altered by others, or not received by you;

·      Your access to the Services or Third Party Services, including, without limitation, any delay or inability to access the Services or Third Party Services;

·      Your failure to receive or view any communication that has been presented to you, and we will not be responsible for any delay, damage or inconvenience that such failure may cause; or

·      Your failure to fulfill any of your obligations under these Terms, including those in the “Security” section of these Terms, or to comply with any instructions we may provide to you from time to time in connection with the App and the Services.

You release and indemnify us for any claim, cost and liability incurred as a result of: (i) your use of the App or access to the Services and Third Party Services; or (ii) your breach of these Terms.

19. On-Screen Terms. Terms shown on-screen form part of these Terms.

There may be terms, conditions, instructions or disclaimers related to the Services, Third Party Services, or Promotional Rewards displayed on the screens in the App, or when you click on icons or links on the App screens. By using any of the Services, Third Party Services, or any Promotional Rewards, you must access and agree that the terms, conditions, instructions or disclaimers apply to your use of or access to the applicable Services, Third Party Services, or Promotional Rewards, in addition to the terms and conditions of any other applicable agreements.

20. Records. Electronic records = paper records.

Our records, including electronic records, including those of any Service Providers (whether used by them or us), regarding the App or the Services, including the retrieval, consolidation, organization and presentment of information, are final and conclusive.  These records will be admissible in any legal, administrative or other proceedings.  Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents.  You waive any right to object to the introduction of any such electronic data or records into evidence.

21. Electronic Agreement. Clicking = signing with a pen on paper.

These Terms and any related terms, conditions, instructions, disclaimers or documents may be accepted in electronic form and your acceptance is binding between you and us. Neither you nor we will contest the validity or enforceability of these Terms and any related documents because they were accepted or signed in electronic form.

22. Assignment and Severability. Contract law stuff.

If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of these Terms. Our failure to enforce strict performance of any provisions of these Terms does not mean we have waived any provision or right. Neither the course of conduct between you and us, nor trade practice modifies any provision of these Terms. We may assign or transfer these Terms on notice to you. You may not assign or transfer these Terms or any of the obligations or rights under these Terms to any other person.

23. Language. We will talk to each other in English.

You and we have expressly requested that these Terms and all related documents, including notices, be drawn up in the English language. Vous et nous avons expressément demandé que cette entente et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise. (Quebec only / Québec seulement).

24. Governing Law. What law applies?

These Terms will be governed by the laws of the Province or Territory in Canada in which you live and the federal laws of Canada applicable therein. If you live outside of Canada, these Terms will be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and we agree that the courts of the jurisdiction specified above shall have exclusive jurisdiction over each of us for the determination of any matter(s) arising out of these Terms.

25. Defined Terms. What does everything mean?

Device means any mobile device, computer or other device you use to access the App and the Services.

Sending Lynq Rewards means the transfer of some or all of your Lynq Rewards to another user with a Member Account that you designate.  When you send your Lynq Rewards to another user that amount is deducted from your Lynq Rewards and added to the other users’ Lynq Rewards.

Lynq Rewards means Canadian-currency cash back, earned on Qualifying Transactions.

Member Account means your Lynq user account created when you sign up to the App and verify your account creation by email.

Promotional Reward means an offer made available by us or Third Party that permits you to receive cash back.

Participating Merchant means a Third Party merchant that provides Promotional Rewards in the App.

Payment Card Network means network participating in the App, currently Visa and Mastercard.

Qualifying Transaction means a personal purchase of a good or service using your Linked Card from a Participating Merchant that complies with all Promotional Reward terms.

Services means the Services as defined by the “Services” section of these Terms.

Service Provider means a party retained by us to act on our behalf to provide, or to assist us in providing, the App and the Services.

Service Provider Services means content and information contained in the Services provided by any Service Provider.

Sign-In Credentials means usernames, passwords, personal verification questions or other information required to access the App and the Services.

Terms means these terms and conditions.

Third Party means any party other than you, us or a party when acting as a Service Provider.  It includes Participating Merchants and parties who provide Third Party Services. It does not include any Payment Card Network.

Third Party Services means any products or services provided by a Third Party that can be used or accessed on or through the App or a Third Party that we refer you to (including Participating Merchants) for other products and services.

we, us and our means Lynq Connections Inc..