Program Terms and Conditions
The iRedeem Website (as hereinafter defined) customer rewards program(the “iRedeem Program”) offers customer members enrolled in iRedeem (“Members”) reward points (“Points”) in connection with each dollar of purchase at any merchant enrolled in the iRedeem Program (“Merchant”). The iRedeem program allows Members to obtain cash vouchers for use at the businesses of Merchants who are actively enrolled in the iRedeem Program, through the online platform on the Site, in exchange for the redemption of Points.
iRedeem Inc., (referred to in these Terms and Conditions as the "iRedeem",“We” or “Us”), its subsidiaries and its affiliates, require that all visitors to and Members of (collectively referred to as “You” or as the “User” or “Users”) this site on the World Wide Web (the "Site") adhere to the following Terms and Conditions (the "Terms and Conditions" or"Agreement"). By accessing the Site you indicate your acknowledgement and acceptance of these Terms and Conditions. Any User who is a repeat visitor to the Site should refer back to these Terms and Conditions from time to time, as iRedeem may make periodic changes to them. This is described in greater detail in paragraph 016.
01 PROGRAM MEMBERSHIP
To participate in the iRedeem Program, an individual must be a Member. iRedeem Program Membership is granted in iRedeem’s sold discretion and may be withdrawn in iRedeem’s sole discretion with or without notification. An application for enrollment in the iRedeem Program may be completed at a Merchant business location or on the Site. Only one iRedeem Membership is available per person.
02 iREDEEM POINTS CARD
Each Merchant will have re-loadable point’s cards for use in the iRedeem Program (“iRedeem Point Cards”). Upon enrollment in the iRedeem Program, each Member will receive an iRedeem Point Card for the purpose of keeping track of Points earned. The iRedeem Point Card is the property of iRedeem and can be revoked at any time by iRedeem in its sole discretion, with or without notification. The iRedeem Point Card is not a credit card. Members must immediately notify iRedeem in the case of a lost or stolen iRedeem Points Card. When iRedeem is made aware of a lost or stolen iRedeem Points Card, iRedeem will inactivate the iRedeem Point Card associated with that Member. A new iRedeem Point Card may be provided in the sole discretion of iRedeem. All accumulated, unredeemed Points will remain intact and be transferred to a new iRedeem Points Card. iRedeem is not responsible for any redemption made using a Member’s lost or stolen card. Use of iRedeem’s services, including without limitation the iRedeem Program, is restricted to individuals of full age and legal capacity who are Members in good standing of the iRedeem Program.
03 EARNING POINTS
Points may be earned by Members in connection with each dollar of purchase (before taxes) at a Merchant business. Points are not transferable or assignable unless expressly permitted by iRedeem. Points will be earned at the rate of 1 point for each dollar spent at a Merchant business. Occasionally,through specified promotions, additional Points or other benefits may be awarded to certain Members or offered by certain Merchants. iRedeem may change the basis on which Points are awarded(including the number of Points awarded)at any time, with or without notice, in iRedeem’s sole discretion. Each Merchant will have a policy with respect to refunds. In most cases, in the event of a refund, the Merchant will automatically deduct the Points earned for that particular purchase. Except as specifically provided herein, Points have no cash value and are not exchangeable for cash. Points are void if sold, purchased,assigned or transferred.
04 REDEMPTION OF POINTS
Prior to the redemption of Points, you are required to register your iRedeem Points card by creating an account on the Site. Upon registration, you will be able to redeem Points on the Site in exchange for cash vouchers to be used at various Merchants businesses (“Merchant Cash Vouchers”). The Merchant Cash Vouchers you obtain through the iRedeem Site are redeemable for goods or services from that Merchant. The Merchant, not iRedeem, is the seller of the goods and services and is solely responsible for redeeming any Merchant Cash Voucher you obtain. All redemption for Merchant Cash Voucher are final. You will not be able to return a particular Merchant Cash Voucher for the return of points or for a different Merchant Cash Voucher unless expressly stated herein. Due to the fact that Merchant Cash Vouchers are usually only offered in limited quantities, Merchant Cash Vouchers for every Merchant will not necessarily be available at any given time.
05 MERCHANT LIABILITY
As a redeemer and issuer of the Merchant Cash Vouchers, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims,liabilities and costs suffered by or in respect of a User or any of its other customers, caused in whole or in part by the Merchant, as well as for any liability arising from unredeemed Merchant Cash Vouchers or portions thereof. You waive, release, indemnify and hold harmless iRedeem and its officers,directors, employees and agents from any claim, liabilities, damages, or injury arising from or related to any act or omission of a Merchant in connection with a Merchant Cash Voucher or the services/goods provided in connection there with or as it relates to compliance with applicable laws relating to the redemption of the Merchant Cash Vouchers or any portion thereof. You acknowledge and agree that iRedeem not an agent for the Merchant or any other third party services and products available through or arranged through the Site. Any and all claims regarding any failure or breach with respect to the services or products offered through the Site are limited to claims against any and all providers of such services or products. iRedeem hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct,indirect, punitive, consequential, incidental or special damages, in connection with the services or products provided by any carrier or other supplier through the Site, including without limitation liability for any act, error, omission,injury, loss, accident, delay, or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier and you hereby exonerate iRedeem from any liability with respect to the same.
USERS AGREE THAT THE USE OF MERCHANT GOODS OR SERVICES (ACQUIRED WITH OR WITHOUT MERCHANT CASH VOUCHERS) IS AT THE SOLE RISK OF THE USER AND IS WITHOUT WARRANTIES OF ANY KIND BY iREDEEM, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANT ABILITY OR NON-INFRINGEMENT OR IN THE CASE OF SERVICES, OF THE RELIABILITY, SKILLS, PERFORMANCE OR LACK THEREOF OR CREDENTIALS OF SERVICE PROVIDERS. iREDEEM PROVIDES ABSOLUTELY NO GUARANTEE OR WARRANTY THAT MERCHANTS WILL PROVIDE THE SERVICES AND PRODUCTS CONTRACTED FOR THROUGH THE iREDEEM SERVICE. UNDER NO CIRCUMSTANCES IS iREDEEM LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN MEMBERS AND PRODUCT OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON PRODUCT OR SERVICE PROVIDERS' SITES OR ANY OTHER SITE LINKED TO THE iREDEEM SITE. iREDEEM WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE iREDEEM SERVICE. iREDEEM DOES NOT RESOLVE DISPUTES BETWEEN OR AMONG USERS OR MERCHANTS.ANY LIABILITY OF ANY KIND THAT iREDEEM MAY BECOME LIABLE FOR SHALL BE LIMITED TO THE MAXIMUM AGGREGATE VALUE OF $100 CANADIAN OR THE VALUE OF THE MERCHANT CASH VOUCHER OBTAINED BY THE MEMBER, WHICHEVER IS THE LESSER AMOUNT.
Users agree to indemnify, defend, and hold iRedeem, its affiliates and their respective officers, directors, employees and agents harmless from any liability, loss, claim and expense, including reasonable legal fees, related to Users' violation of these Terms and Conditions or any other Agreement or Policy of iRedeem or for use of the iRedeem Site.
07 COPYRIGHT/TRADE MARKS
The trade marks, logos, and service marks (the "Marks")displayed on the Site are the property of iRedeem, its affiliates or other third parties who have permission from iRedeem. Users are prohibited from using any of the Marks for any purpose, including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of iRedeem or such third party which may own the Marks. All information and content including any software programs available on or through the Site (the "Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying,publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Users are further prohibited from knowingly or unknowingly submitting to iRedeem for posting or publication, or themselves posting or publishing on the Site, any material which violates or infringes any copyright, trade mark, trade secret,patent, statutory, common law, or other proprietary right of others.
08 NO WARRANTIES
All content, products, and services on the Site, or obtained from a website to which the Site is linked (a "Linked Site") are provided to you"as is" without warranty of any kind either expressed implied including, but not limited to, any implied warranties of merchant ability and fitness for a particular purpose, title, non-infringement, security or accuracy. iRedeem does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice, or statement made through the Site or a Linked Site by any party other than iRedeem, or (b) the capabilities or reliability of any product or service obtained from the Site or a Linked Site.Under no circumstances will iRedeem be liable for any loss or damage caused by a User's reliance on information obtained through the Site or a Linked Site, or User's reliance on any product or service obtained from the Site or a Linked Site. It is the responsibility of the User to evaluate the accuracy,completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
09 LIMITATIONS OF LIABILITY FOR USE OF THE SITE AND LINKED SITES
The information, software, products and description of services published on the Site or a Linked Site may include inaccuracies or typographical errors, and iRedeem specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Site and Linked Sites. iRedeem may make improvements or changes to the Site at any time. You agree that iRedeem, and any of its officers, directors,employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, consequential,incidental or special damages (including without limitation lost profits, cost of procuring substitute services or lost opportunity) arising out of or in connection with the use of the Site or a Linked Site, or with the delay or inability to use the Site or a Linked Site, even if iRedeem is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to,the transmission of any viruses which may infect a User's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g. you cannot access your internet service company),unauthorized access, theft, operation errors, strikes or other labor problems or force majeure. iRedeem cannot and does not warranty or guarantee continuous,uninterrupted or secure access to the Site.
10 CONFIDENTIALITY OF USER COMMUNICATIONS
11 SUBMISSIONS OF SUGGESTIONS, IDEAS OR COMMENTS
By submitting comments, suggestions or ideas to the Site, including suggestions for improvements to the Site, Users do not enter into a contractual or confidential relationship with iRedeem. Users agree that the content of their submission will become the sole property of iRedeem and iRedeem will be entitled to use such submissions for any reason, in any medium, in perpetuity,without any liability or obligation and without compensation. Users further agree that any review of their submissions by the Site does not create the inference that the submissions are original and Users acknowledge that iRedeem may have independently created or might in the future in dependently create something substantially similar or identical to such submission with no liability or obligation resulting there from. Submissions and suggestions sent to iRedeem will be treated as non-proprietary and non-confidential and will become the property of iRedeem which may or may not use same for any purpose.
12 LIMITED LICENSE TO USE CERTAIN INFORMATION FOR MARKETING AND PROMOTION
13 LINKED INTERNET SITES
iRedeem prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. iRedeem reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the User's own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. iRedeem is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
iRedeem is under no obligation to review any messages, information or content transmitted between Users ("Communications"). Notwithstanding the above, iRedeem may take any action iRedeem considers necessary in its sole discretion to remedy or prevent Users who’s User Communications contain:
(a) Any unlawful, harmful, threatening, abusive, harassing, defamatory,vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, federal, or international law.
(b) Advertisements or solicitations that violate iRedeem's written policies or that iRedeem objects to for any reason whatsoever.
(c) Communications wherein Users impersonate others.
(d) Personal information such as messages that state phone numbers, social insurance numbers, addresses, or employee references.
(e) Communications by non-spokesperson employees of iRedeem purporting to speak on behalf of iRedeem or containing confidential information concerning iRedeem.
(f) Communications that offer unauthorized downloads of any copyrighted or private information.
(g) Multiple Communications placed within individual folders by the same User restating the same point.
(h) Any other Communications to which iRedeem objects and at its sole discretion decides to remove.
Without limiting the generality of the foregoing, iRedeem shall have the right to immediately terminate or suspend any passwords or accounts of a User in the event of any conduct by a User or which iRedeem, in its sole discretion, considers to be unacceptable, or in the event of any breach by a User of this Agreement.
15 NETWORK SECURITY
Violating or attempting to violate iRedeem' system of network security is strictly prohibited, and those undertaking such activity will be prosecuted under criminal and civil liability laws. iRedeem will monitor systems and will investigate incidents involving security violations, and will involve local,provincial, or federal law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but are not limited to:
(a) Unauthorized access to or use of information, systems, or networks, including attempting to test the vulnerability of a system or network or to break or bypass security, password, or authentication measures;
(b) Unauthorized viewing or monitoring of data or traffic on any network or system;
(c) interference with system or network service in any part and in anyway, including flooding or deliberate attempts to overload a system and broadcast attacks; and
(d) Forging identifying information on any type of transmitted data,including any TCP-IP packet header, any part of an e-mail header, or a newsgroup posting header.
16 CHANGES TO TERMS AND CONDITIONS
17 VIOLATION OF TERMS AND CONDITIONS
iRedeem reserves the right to seek all remedies available at law and inequity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site. iRedeem, is its sole discretion, may terminate this Agreement or suspend Users' access to the Site upon breach of this Agreement, including, but not limited to the User performing activities harmful to iRedeem or its Members, employees, vendors, business relationships, or other Users of the Site, in the sole judgment of iRedeem.
19 ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized Members only. Unauthorized individuals attempting to access these areas of the Site maybe subject to prosecution.
20 GENERAL/JURISDICTION/GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and all applicable Federal law without regard to conflicts of law principles. The Users agree that any disputes concerning these Terms and Conditions, the Site or anything else described on this Site or in these Terms and Conditions shall only be decided by and are within the exclusive jurisdiction of the Courts of the Province of Alberta.