Frugl Program Terms of Use

  • By accessing getfrugl.com or the Frugl mobile application (collectively with all subpages and successor pages, the “Site”), you acknowledge these terms and conditions of use and agree to be contractually bound by them, whether or not you have read them. If you do not agree to these terms, please discontinue accessing the Site immediately.
  • We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time without further notice and you agree to be bound by such modifications, alterations or updates, which shall be effective immediately upon being posted on the Site. Please check these terms and conditions periodically for any changes. Your continued use of the Site following the posting of the changes will indicate your acceptance of such modified terms and conditions.
  • The content of the Site is published by Frugl Inc. (“Frugl”), a Canadian corporation.
  • The Site is only intended to provide you with general information and is neither an offer to sell nor a solicitation of an offer.
  • Information on the Site is not intended to provide legal, accounting, financial or tax advice or other professional advice, and should not be relied upon in that regard.
  • Except to the extent prohibited by law (such as for exclusions of implied warranties if you are a consumer under the meaning of the Quebec Consumer Protection Act who is a resident of Quebec (“Quebec Consumer”), the Site is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, reliability or completeness, all of which are hereby disclaimed by Frugl to the fullest extent permitted by applicable law.
  • Every effort has been made to ensure that the material contained on the Site is accurate at the time of publication, but you expressly agree that use of the Site is at your sole risk and that it is your responsibility to evaluate the accuracy, completeness and usefulness of all information provided through the Site.
  • To the fullest extent permitted by applicable laws, Frugl will not under any circumstances be liable to you (except if you are a Quebec Consumer) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of the use of, or inability to use, or any reliance on, the Site, any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment or as a result of any unauthorized access to the Site or any data breach involving the Site.
  • Your use of the Site will be in compliance with all applicable laws. You will not: Use the Site for illegal purposes; Intentionally interfere with or damage the operation of the Site or any other users’ enjoyment of it, by any means, including uploading or otherwise disseminating viruses, spyware, worms or other malicious code or file with contaminating or destructive features.
  • By accessing the Site, you agree to indemnify and hold harmless Frugl, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use or misuse of the Site.
  • The contents of the Site are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.
  • Other sites accessed by hypertext appearing in the Site may have been independently developed by parties other than Frugl. Frugl does not guarantee the accuracy, integrity or quality of information contained in such other sites. Your use of such other sites is subject to the terms and conditions of use and the privacy policies contained within such other sites.
  • Links to other sites are provided for your convenience only. Frugl does not control such other sites and is not responsible or liable in any way for their content. Frugl’s inclusion of links to such other sites should not be taken as Frugl’s endorsement or approval of such other sites, their content, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive/disruptive components on or from such other sites.
  • Frugl may provide you with marketing or promotional materials through the Site. Frugl may have arrangements in place in connection with any such marketing or promotional materials where we may be entitled to receive a referral or other fees from third parties. Please refer to Frugl’s privacy policy for more information on our use and protection of your personal information.
  • Links to the Site without the express written permission of Frugl are strictly prohibited. To request permission, please contact [email protected]. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited.
  • Frugl cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the Site, you acknowledge that Frugl is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us. Please refer to Frugl’s privacy policy for more information.
  • No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under these terms and conditions of use will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.
  • If any provision of these terms and conditions or part thereof is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision or part thereof shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions are governed by the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Site, except to the extent provided in Section 20, you hereby irrevocably submit and attorn to the federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Site, these terms and conditions of use or any related matters.
  • For Quebec Consumers Only: The parties attorn to the jurisdiction of the courts of the Province of Québec and these terms and conditions of use shall be governed by and interpreted in accordance with the law of the province of Québec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein.
  • These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.
  • Frugl is a trademark of Frugl Inc. The product logos or wordmarks appearing on www.getfrugl.com or within the Frugl application are used to identify products/services purchased only and the rights to such trademarks are owned by the applicable vendor. Frugl does not claim any affiliation with the brands, products or services listed for information on the site.

 

Frugl Referral Program

The Frugl Referral Program allows registered Frugl users having a valid and approved Frugl Savings Accounts (“You” or “Your”) to earn a monetary referral credit (a “Referral Credit”), which shall be credited to your savings account when you successfully refer a friend to the Frugl program (“Referred Friend”), in accordance with the terms and conditions set out below. All Referral Credits are paid by Frugl Inc.

By participating in the Frugl Referral Program or by sending a Referral Link (as defined below) to any person, you acknowledge and agree to be bound by these terms and conditions, which shall form part of your Frugl Program Terms and Conditions. Capitalized terms that are not defined here will have the same meaning as given to them in the Frugl Program Terms and Conditions.

 

How to Earn a Referral Credit

You can earn a Referral Credit in an amount as determined by Frugl from time to time, which amount will be credited to your Savings Account if:

(i) a Referred Friend clicks on a referral link provided by you (“Referral Link”) to create and open a validly approved Frugl Savings Account that complies with the Frugl Program Terms and Conditions;

(ii) the Referred Friend successfully funds his/her Savings Account with an Initial Deposit from his/her Funding Source; and

(iii) You have already funded your Frugl Savings Account with an Initial Deposit from your Funding Source.

Frugl will use reasonable efforts to credit the Referral Credit to your Savings Account at the time the next weekly Frugl transfer is successfully processed from your designated Funding Source. The maximum Referral Credits you can receive in aggregate is $5,000 USD.

Referred Friend Referral Credit

A Referred Friend that has opened an approved Frugl Savings Account using a valid Referral Link will receive a Referral Credit once he/she has successfully funded his/her Savings Account with an Initial Deposit from a Funding Source.

Frugl will use reasonable efforts to deposit the Referral Credit to the Savings Account of the Referred Friend at the time the next weekly Frugl transfer is successfully processed from the Referred Friend’s designated Funding Source.

Requirement of successful account funding

The Referral Credit may not be considered as a Frugl Account’s Initial Deposit. All Initial Deposits must originate from the user’s Funding Source.

Sharing Referral Links

Referral Links may only be used for personal and non-commercial purposes, and only shared with family and personal friends. Frugl reserves the right to refuse to pay any Referral Credit where the Referral Link was shared publicly or in any way not intended by Frugl.

Restrictions

Referral Credits may not be earned by creating multiple Frugl Accounts for the same person. Each Referred Friend must be (i) over 18 years old, (ii) a US resident, and (iii) residing in a state in which the Frugl program is offered and made available to users. If for any reason you believe that there is a discrepancy regarding your proper receipt of a Referral Credit,

please contact us. Frugl may require you to submit additional information in order to make a determination regarding your entitlement to a Referral Credit. All decisions regarding your Referral Credits will be final and at Frugl’s sole discretion. Each user is responsible for any tax consequences, if any, that may result from his/her receipt of a Referral Credit.

Multiple Referrals

A Referred Friend may only use a single Referral Link. If a Referred Friend receives multiple Referral Links from multiple Frugl users, only the Frugl user corresponding having originated the relevant Referral Link used by the Referred Friend will receive a Referral Credit. This Referral program may not be combined with any other offers or promotional code.

Severability

If any provision in these terms and conditions are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Termination and Changes

Frugl may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Frugl reserves the right to suspend accounts or reverse Referral Credits if we notice any activity that we believe is abusive, fraudulent, or in violation of the Frugl Program Terms and Conditions. We reserve the right to review and investigate all referral activities and to suspend accounts or modify the terms relating to referrals without notice at our sole discretion.

Updates to the Terms and condition of Referral Program

We can update or modify these terms and conditions applying to the Referral Program or the amount of any Referral Credit at any time without prior notice. If we modify these terms and conditions, we will post the modification on the getfrugl.com website, applications, or services, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification.