Terms and Conditions of Use.
Welcome to Alpha. The www.delphia.com website (the "Website") and the Alpha mobile application(s) currently available on the Apple AppStore and Google Play e-stores (the "App") are owned, operated and provided by Delphia Inc. (a company registered in Canada whose registered office is at 662 King Street West, Suite 001, Toronto, Canada, M5V 1M7) (referred to as "Delphia", "we", "our" or "us").
1. Acknowledgement and acceptance
By selecting 'I agree' during the process to register your participation as a member of the Alpha Community ("Member"), or by participating in an Alpha Activity or by simply accessing and using the Delphia WebPages, you agree to be bound by these Terms. Should you not wish to accept these Terms, you must exit the Delphia WebPages immediately and/or or cease participation in the Alpha Community or Alpha Activities.
Delphia reserves the right to modify or amend these Terms or any part of them from time to time. You will be informed of any changes at least one week in advance before they become effective. You will have the opportunity to opt-in to any major changes to the updated Terms. Such changes will never vary your entitlement to "Karma" (Points) for actions you have already completed prior to the effective date of the changes. If you choose to opt-out of new terms, you may request to redeem your Karma. If you terminate your account prior to redeeming, your Karma will be forfeited.
2. Terms of participation
To become a Member and to participate in the Alpha Community, you need to download the Alpha application.
During each Delphia Registration Process prospective Members will be notified of any terms in addition to these Terms which shall apply to membership of the respective Alpha Community.
You have to be 18 years or older to join the Alpha Community. By agreeing to our Terms of Service, you represent and warrant that you are an individual person at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, participate in the Alpha Community.
In return for Delphia granting you access to the Delphia WebPages and/or the ability to participate in an Alpha Community or Delphia Activity, you agree to:
- Provide true, accurate, current and complete information about yourself;
- Maintain and promptly update your personal membership details so as to keep it true, accurate, current and complete; and
- Provide true, accurate, current and complete information about yourself as prompted by Delphia whilst participating in an Alpha Community or Delphia Activity.
If you provide any information that is untrue, inaccurate, not current, incomplete or inconsistent with prior answers to identical questions, or Delphia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Delphia has the right to suspend or terminate your current access to, use of, and/or participation in the Alpha Community or Alpha Activities. This is subject to your right to refuse to answer any Delphia surveys or information requests.
Once they have completed the Delphia Registration Process, Members will be provided with an account ("Delphia Account") for the Alpha Community and those Alpha Activities for which Karma (Points) (as defined below) is awarded.
Only one Delphia Account is permitted per Member for the Alpha Community for which Karma (Points) are awarded. Any Member found to have multiple Delphia Accounts may have their primary and any secondary Delphia Accounts deleted. Karma (Points) earned via secondary Delphia Accounts may not be transferred. Delphia may demand proof of identity (such as government issued identification) in the event of a dispute.
A unique phone number must be used by each Member.
Each Delphia Account must only be accessed by an individual Member, and may not be accessed by any other individual without the express permission and authorization of Delphia. You agree to notify Delphia immediately you become aware of, or suspect any unauthorized use of your login information, Delphia Account, or any other breach of security.
In the event of access to your Delphia Account by another individual, Delphia reserves the right to suspend your and/or that other individual's account until a resolution has been reached. Delphia reserves the right to reclaim any Karma (Points) or other incentive earned by access of the unauthorized user.
Members may earn Karma (Points) for their Delphia Account ("Karma (Points)") in the prescribed manner detailed on the Delphia WebPages, including for participating in the Alpha Community and related Alpha Activities for which Karma (Points) are awarded. The amount of Karma (Points) that can be earned for participation in an Alpha Community or related Delphia Activity will be notified to Members via authorized communications.
Unless otherwise specifically notified, Karma (Points) can only be earned through following all and any instructions regarding earning Karma (Points). A Member's failure to correctly follow any required instructions or procedures may result in no Karma (Points) being earned.
There are four ways to earn Karma:
- Completing a survey;
- Linking a social media account;
- Referring others to download and register with the Delphia community;
- Performance-based outcome that is determined every quarter.
Karma (Points) earned will be recorded in your Delphia Account, however no Karma (Points) earned are ever available for redemption until the Member has reached the specified fulfilment level advertised, together with details of the applicable reward(s) available. If Delphia has suspended or terminated your Delphia Account for any of the reasons outlined in these Terms no Karma (Points) that you have earned can be redeemed.
Delphia reserves the right to change the range of Alpha Activities and the Alpha Community or related Alpha Activities for which Members may be eligible for Karma (Points) and to vary the frequency of invitation to such activities. Delphia also reserves the right to alter the level of Karma (Points) required before such Karma (Points) can be redeemed.
Karma (Points) may not be transferred to other Delphia Accounts nor pooled together in any manner and the sale or barter of Karma (Points) is strictly prohibited. Karma (Points) has no monetary value, and cannot be used for any purpose other than redeeming the designated reward.
Delphia may from time to time adjust a Member's Delphia Account upwards or downwards in response to errors which Members acknowledge may arise or suspected fraud, for which we have full authority.
Delphia may terminate any Alpha Account that has been dormant for a period of 12 months or more. By 'dormant' we mean: where the Member has not participated in the Alpha Community within the preceding 12 month period. Delphia will attempt to contact the Member if their Delphia Account is at risk of termination through inactivity. In the absence of a satisfactory response, the Delphia Account will be terminated, and any unused Karma (Points) will be forfeited.
You may be able to earn extra Karma (Points) by referring friends and family to the Alpha Community, provided they join using a unique link that we provide to you for making referrals ("Referral Link"). The conditions attached to the awarding of such extra Karma (Points) are explained in the App. When referring new panel Members, you agree to not pose as or claim to represent Delphia and you will not attempt to mislead or deceive prospective Members into using your Referral Link to join. You agree to make clear to any prospective Members you refer that they will be using your unique Referral Link and that you will receive Karma (Points) if they join the Alpha Community via your Referral Link.
Terminating your Membership
If you no longer wish to be a Member please contact Delphia. Delphia will terminate your account and cease to contact you within 7 days of receiving notice from you that you wish to terminate you membership.
You agree that Delphia, in its sole discretion, may terminate or suspend your Delphia Membership, or participation in any Alpha Activities or the Alpha Community, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if Delphia believed that you have violated or acted inconsistently with the letter or spirit of these Terms.
You agree that Delphia may terminate your access to Alpha Activities or the Alpha Community under any provision of these Terms without notice, and acknowledge and agree that Delphia may immediately deactivate your registration as a Member and/or bar access to Alpha Activities and the Alpha Community. Further, you agree that Delphia shall not be liable to you or any third-party for any termination of your access to the Alpha Activities or the Alpha Community.
Delphia reserves the right to terminate the Alpha Community, or Delphia WebPages at any time. In such a case and unless specified otherwise, no Delphia Account Karma (Points) will be redeemable by any Members.
Your obligation to reimburse us
You hereby agree to fully reimburse Delphia and its directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) each of them suffers or incurs resulting in any way from your use of the Delphia WebPages, the provision of User Content or your participation in the Alpha Activities or the Alpha Community or resulting from any breach of these Terms whether such breach is carried out by you or by any other person through your Delphia Account as a result of your negligence.
Third party websites
Links included within the Delphia WebPages may let you leave the Delphia WebPages and enter into other website(s) ("Linked Site(s)"). The Linked Sites are not under the control of Delphia and Delphia is not responsible for and nor shall it be liable for the contents of any Linked Sites or any links contained in a linked site or any changes or updates to such sites. Delphia is not responsible for webcasting or any other form of transmission received from any Linked Site. Delphia is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Delphia of the site or any association with their operators.
We will own all rights (including intellectual property rights), title and interest in and to: (i) the Website and DelphiaWebpage; (ii) the Apps; (iii) any information, content, materials or intellectual property contained in the foregoing clause (i) and (ii), including text, graphics, audio, video, photographs, software, surveys, logos, trademarks, service marks; and (iv) any modifications, adaptations, translations or derivative works to the foregoing (i) to (iii). All rights not expressly granted to you under these Terms are reserved by us.
All contents of the Website and the App are: © 2019 Delphia Inc.
Other important terms
If a court finds part of these Terms illegal or otherwise invalid, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any agreement between us. We and you will be legally bound by these Terms.
Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be deemed to be in breach of these Terms. Examples of such events and circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
References to 'including' and other similar expressions. In these Terms, words that appear after the expression 'include', 'including', 'other', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organization. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end your membership within 14 days of us telling you about the transfer.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under these Terms. The agreement made under these Terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the agreement between us or to make any changes to these Terms.
These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. Any agreement between us will be concluded in English.
Even if we delay in enforcing a Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
The laws that apply to these Terms and where you may bring legal proceedings. These Terms are governed by Canadian law and you can bring legal proceedings in respect of them in the Canadian courts.
Apple App Store Terms
If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, "Apple") App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
- The parties acknowledge these Terms are concluded between you and us, and not with Apple. The responsibility for the App and content thereof is governed by these Terms.
- You may use the App only on an iPhone or iPod touch that you own or control.
- You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.
- Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
- Any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
- You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
- You may contact us in writing regarding any notices, questions, complaints, or claims with respect to the App.
Mail: The Data Protection Officer
662 King Street West, Suite 001
Toronto, ON M5V 1M7
- Apple is a third party beneficiary to these Terms and may enforce these Terms against you.
- If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple's applicable instructions for Minimum Terms for Developer's End User License Agreement or the App Store Terms of Service as of the Effective Date, the terms and conditions of Apple's instructions for Minimum Terms for Developer's End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
If the App is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, "Google") Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
- You acknowledge that Google is not responsible for providing support services for the App.
- If any of the terms and conditions in these Terms are inconsistent or in conflict with Google's Google Play Developer Distribution Agreement as of the date these Terms was accepted, the terms and conditions of Google's Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
Effective: 15 February 2019