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|Terms and Conditions
Please review carefully, these terms and conditions (‘Agreement’) are a legally binding contract between you and HomeGrown Rewards™. (‘HGR’, ‘we’, ‘us’ or ‘our’) for participation in the HomeGrown Rewards™ program.
By enrolling as a member of this program, or by continuing to use the program, you are indicating that you have read this Agreement, that you understand it, and that you consent to be bound by all of it’s terms and conditions, including the limitations of liability and terminations provisions herein and that your participation in the program is subject to this Agreement. Details about your relationship with the Program Administrator are detailed in this Agreement.
In order to participate you must:
a. be a natural person (no commercial groups or corporations)
b. be a resident in Canada
c. 18 years of age or older
D. keep your registration information current by making HGR aware of changes in your personal information
Subject to this Agreement, the Program Administrator hereby grants you a non-exclusive, non-transferable license for so long as you participate in the Program and adhere to this Agreement, to access, participate in and use the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in the Agreement.
There are no fees associated with the Program. The loyalty cards are free, there are no annual fees and there is no expiry dates.
You agree to comply with this Agreement, and all other policies and rules as set forth in Program materials, including materials of Participating Merchants, either in print or on the Program website ( ‘Policies’ ). The Policies, including any amendments, which may be made from time to time, are hereby incorporated by reference into this Agreement. The Program Administrator may modify this Agreement or the Policies at any time either with or without notice. Your continued use of the Program will constitute acceptance of any such amendment. HGR specifically reserves the right to amend, alter, withdraw or terminate the HGR Program, in whole or in part, any program benefit or award or these terms and conditions with or without notice. Any such changes may affect rewards which a member has already accumulated as well as any future accumulation of rewards.
5. No Unauthorised Use of the Program
You agree to comply with this Agreement, and you will not, and will not permit others to:
a. engage in any illegal activity or fraudulent accumulation of points
b. interfere with the operation of the Program including, but not limited to, propagation of computer worms and viruses
c. infringe on any party’s copyright, patent, service mark, or other intellectual property in connection with your use of the Program
6. Rewards and Bonuses for Personal Use Only
You agree that rewards can only be redeemed through your purchase of products or services and not as a service to others or by arranging for purchases on behalf of others. Gathering or collecting receipts or other proof of purchase from non-members of the Program for redemption is prohibited. The Program Administrator has the right to monitor redemption activity and disallow redemptions of rewards that are deemed by the Program Administrator, acting reasonably, to have been obtained through unauthorised use of the Program.
Discontinuation or Suspension of Use
We may, at our sole discretion, at any time and without prior notice:
a. change, discontinue or limit access to the Program or any functionality, feature or other component or the Program
b. suspend or terminate your use of or access to the Program, with or without notice, of such suspension if we have reason to believe you have breached this Agreement
Participating Merchant Offers and Payment of Contributions
As a result of your participation in this Program, you will accumulate HGR Rewards in the form of points, a propriety reward system that assigns a non-cash value to each eligible member transaction. Accumulation of 100 HGR points equals $1.00 of eligible reward. You have the ability to choose which Participating Merchant to redeem accumulated points. Participating Merchants may impose conditions or restrictions different from, or in addition to, those described on the pages of the Program website or in other promotional materials. The Program Administrator is not responsible for setting or maintaining the amount of offers by Participating Merchants or for requirements of any Participating Merchant’s program or offer. Each Participating Merchant has reserved the right to change at any time, and without notice, the amount or percentage of any offer as well as the terms and conditions of any qualifying purchase. Your continued use of the Program thereafter will constitute acceptance of such terms and conditions. The Program Administrator does not represent or warrant that any particular Participating Merchant will participate in the Program at the time you join the Program or at any time thereafter. For the purposes of this Agreement, a purchase is a ‘Qualifying Purchase’ once all conditions in a Participating Merchant’s offer with respect to the purchase, as been met.
8. The Program Account
HomeGrown Rewards™ points you accrue as a result of a qualifying purchase will be posted to your account. The Program Administrator will not be liable to damages resulting from any failure to post rewards to a Program Account in a timely manner. If you believe that a reward has not been properly posted to your account, then you must inform the Program Administrator within 90 days of the qualifying transaction for which you are claiming that a reward should have been posted and must be able to provide proof of such transaction acceptable to the Program Administrator. The Program Administrator reserves the right, however, to determine, in its sole and absolute discretion, whether a reward should have been posted to your program account. You acknowledge that any such determination by the Program Administrator will be final and binding, without your consent.
9. No Responsibility for Participating Merchants
You agree that the Program Administrator is not an agent of any Participating Merchant and that Participating Merchants operate independently of, and are not under control of the Program Administrator with respect to the Program or otherwise. Accordingly, we do not represent or warrant, or give any assurances that any Participating Merchant will provide a reward for any particular transaction even where such transaction would appear to qualify for such reward either the Program or Participating Merchant statements. We are not responsible for the failure of any Participating Merchant to pay rewards in accordance with the terms of that Participating Merchant’s offer. Further, your participation in offers or promotions of, or corresponding with, any Participating Merchant is solely between you and that Participating Merchant. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, no Participating Merchant assumes any liability, obligation or responsibility for our conduct with respect to the Program.
10. Returning and Rescinding Contributions and Program Abuse
In our sole discretion, we may deduct rewards from your program account in order to make adjustments for returns and cancellations with respect to qualifying purchases. In the event that you have redeemed rewards from your account and subsequently reverse the transaction with a Participating Merchant that generated such rewards, or otherwise are required to return the dollar value of the rewards to the Participating Merchant pursuant to the terms of the applicable offer, whether or not you are still participating in the Program, you will remain solely responsible for the repayment of the rewards credited for such purchase. In the event that you fail to repay such amount, we reserve the right to rescind rewards and to bar further rewards to, or terminate the Program membership of, any member we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after receiving rewards for such purchase. Rewards are for the personal use of members and their families and collecting or soliciting to collect receipts or other proof of purchases from non-members is prohibited.
11.0 Account Adjustments
In the event of any unauthorised, abusive or fraudulent activity related to the Program, as determined by us in our sole discretion, we reserve the right to make any adjustments to your program account at any time. Any such adjustments, however, will be made in accordance with this Agreement, the Policies, any applicable laws, rules and regulations, and the terms of any Participating Merchant offers.
12.0 Use of Information
a. You acknowledge that in order to administer the Program and to inform you of participating offers from Participating Merchants, we will collect information about you, your purchases from Participating Merchants and your purchasing preferences and patterns. You authorise HGR and their agents to disclose any and all information with respect to your purchases from such Participating Merchant, as required to calculate the rewards earned by you and the administration fee payable by such Participating Merchant and to allow Participating Merchants to determine offers based on aggregate consumer transaction data. In addition, by registering and using your HGR card you agree and authorise us to use such information and to disclose any required information:
a. to our representatives and agents
b. to third parties within the HGR network and its service providers, where necessary or convenient for transfer or redemption of your accumulated rewards or otherwise in connection with the Program.
c. to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies and
d. you consent to the use of your information to allow the Program Administrator to send you Program information or information including marketing materials setting out Participating Merchant offers to earn rewards or relating to special promotions.
13.0 Donation of Points
You can choose to donate your points to local charities listed on the website. This can be done by indicating to donate all your points on registering your HGR card or requesting to donate your available points, at your discretion, by contacting the HGR head office.
These charities will hold this privilege for two years and then other charities will be considered.
14.0 Termination, Expiration or Forfeiture of the Program Accounts
a. this Agreement is effective when accepted by you, as described in the first paragraph of this Agreement, and will remain in effect and legally bind you and us until you or we terminate your membership in the Program. You may terminate your membership in the Program at any time by contacting the HGR head office. We may terminate this Agreement without cause immediately after notice to you for such termination.
b. If your Program account is inactive, you have not made an eligible transaction in the Program for twenty-four ( 24 ) consecutive calendar months, or if this Agreement has terminated, then the Program Administrator reserves the right to close your account in which case your HGR points will be automatically forfeited with or without notice.
c. upon termination of the Agreement, your right to use and access the Program and to receive rewards will terminate. Subject to the limitations set forth in this Agreement, termination will not prejudice either you or our remedy at law or equity.
15. Certain Disclaimers; Indemnification
a. Disclaimer of Warranties
i. The service is provided on an ‘as is’ basis and without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the quality, accuracy, completeness, or validity of any materials related to the service and do not warrant that the functionality of such service will be uninterrupted or error-free, that defects will be corrected, or that such service or the server ( s) that make (s) it available are free or viruses or other harmful components.
ii. The program’s website and the service may contain facts, views, opinions, statements, or recommendations of third arty individuals and organizations. We do not represent or endorse the accuracy,
currentness, or reliability of any opinion, statement, recommendations, or other information displayed, uploaded or distributed through the website. Links on our website will let you leave the Program website. The linked sites are not under control of us and the Program Administrator is not responsible for the content of any linked site. You acknowledge that any reliance on any such opinion, statement, recommendations or information will be at your sole risk. Furthermore, the Program Administrator does not warrant, guarantee or make representations regarding the quality of, or accuracy of advertisements for, any merchandise, product or services offered or provided by its Participating Merchants or suppliers in conjunction with the service.
b. Exclusion of Certain Damages
The Program Administrator, its suppliers and Participating Merchants will not be liable for any damages, including indirect or consequential arising from;
i. any failure to screen users or Participating Merchants
ii. Acts of omission of any users or Participating Merchants
iii. Materials posted by, or of, any party other than the Program Administrator or any use thereof
iv. the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or
v. any failure to perform any obligation hereunder, or form any delay in the performance, thereof, due to causes beyond its reasonable control, including the elements, acts of God, labour disputes, acts of terrorism, acts of civil or military authority, riots, floods, epidemics, quarantine restrictions, failure or erratic behaviour of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.
You agree to indemnify HGR, any Participating Merchant, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action ( including solicitors’ fees and court costs ) arising out of or relating to your breach of this Agreement ( including without limitation relating to a breach by you of Section 5 ). You agree to cooperate as fully as reasonably required in our defence and/or settlement of any claim. The Program reserves in their reasonable discretion the right to assume exclusive control over the defence and settlement of any matter subject to indemnification by you.
16. Limitation of Liability
a. None of the Program Administrator, Participating Merchants, or any of their respective officers, directors, employees, successors, agents, and affiliates are responsible or liable for any expenses, loss, cost, injury, damage, delay, or any other matter or thing whatsoever howsoever suffered or caused ( including compensatory, special, incidental, consequential, punitive or other indirect damages or for loss of points, loss of data or loss of use damages ) directly or indirectly arising out of or related to
i. the program or your participation in the program;
ii. any failure, delay or decision by us in administering the Program or amending these Terms and Conditions or the basis on which you can redeem rewards;
ii. the use of, or the inability to use, the service, the information contained on the program website, or (except in the case the applicable Contributing Company or supplier) any merchandise, products or services offered by the Program Administrator’s Participating Merchants or suppliers in conjunction with the service, even if any such entity has been advised of the possibility of such costs; or
iv. the termination of or amendment of the program. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability will be limited to the extent permitted by law.
b. In no event will the Program Administrator be liable to you for any rewards below the redeemable value threshold set by the Administrator from time to time nor will the Program Administrator’s total liability to you from all damages, losses, and causes of action resulting from your use of the Program website or participation in the service, whether in contract, tort, (including, but not limited to negligence), strict liability or otherwise , exceed the redeemable value of HGR in your Program Account.
c. HGR Inc. shall be under no obligation to continue the program or to provide any notice of its termination.
17. Electronic and Oral Communications
a. Member Instructions
You agree that verification of your name, address, and card number on the HGR Registration form constitutes verification of your identity.
b. Information on Web Site
Site information and material posted by us are provided for general reference only and are not warranted to be free from errors, other deficiencies or potential interruptions. In addition, the site may be used by others to post information and materials, including changes or additions; we give no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication that they have validated by the Program Administrator or represent the views of the Program Administrator.
a. Governing Law
The validity, construction and interpretation of this Agreement and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the Province of Nova Scotia.
You may not assign your rights and obligations under this Agreement. The Program Administrator may assign their respective rights and obligations under this Agreement, in whole or in, without your consent. This Agreement will insure to the benefit and burden of the parties hereto and their permitted successors and assigns.
Any notice by one party hereto to the other will be in writing (which may include email) and wither personally delivered, delivered by Internet email, or sent via reputable overnight courier certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified on your registration form.
d. No Waiver; Severability
The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on part of wither party hereto to exercise or avail itself of any right, power or privileged that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not effect the remaining provisions.
You acknowledge and accept that any breach of Section 5 above is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions of Section 5 above, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.
f. Third Party Beneficiary
Each Participating Merchant and each affiliate is hereby expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you.
g. Entire Agreement
This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of this Agreement that may have been accepted by you through the Program website or otherwise). We reserve the right to modify this Agreement at any time. Your non-termination and continued membership in Program by you constitutes acceptance of such modification and your consent to abide by any terms thereof. You acknowledge that the most recent version of this Agreement will be located on the Program website under Terms and Conditions. No other act, document, usage or custom will be deemed to amend or modify this Agreement.