PUREHMV.CA REWARDS PROGRAM
Effective as of July 1, 2013
The Purehmv.ca Rewards Program (the "Program") is a customer rewards program offered by HMV Pure Holdings ULC. (the "Sponsor") through various program partners ("Program Partners").
By a person joining the Program as a member ("Member") or renewing their membership in the Program, that person is automatically deemed to have read and agreed to the Program's Terms contained within this document (if a potential member is under the age of majority at the time that person wishes to join or renew, that person must first have obtained the consent of their parent or legal guardian to join or renew, and in providing that consent their parent or legal guardian is deemed to have consented to these Terms on the minor's behalf, and by taking out a membership or renewing a membership it will be deemed that the minor will have obtained that consent with the parent/legal guardian accepting the membership on behalf of the minor). A person may not join the Program if they are under the age of 13.
If a person does not agree with these Program's Terms, do not join or renew. These Terms constitute the entire agreement between Member and the Sponsor.
The accumulation of points in the Program ("Points" or "Program Points") does not entitle members to any vested rights and, in accumulating Program Points, Members may not rely upon the Program continuing whether in its current state, or at all, including in relation to the continued availability of any award or any other Program benefit. The Sponsor specifically reserves the right to amend, alter, withdraw or terminate the Program in whole or in part at any time and without notice.
How To Enrol and Renew
Enrolling in person and then registering on-line: A person may enrol or renew their membership by completing the Program's membership form (note: not all Program Partners are authorized to issue memberships; for a complete list of Program Partners that issue memberships, visit purehmv.ca).
When completing a membership form, a person must provide their email address and pay the applicable membership fee then in effect, at which point the Member will be given a membership number. The membership number will allow the Member to immediately collect and redeem Program Points at any Program Partner retail store or website that is authorized to issue and/or redeem Points as the case may be (note: not all Program Partners are authorized to redeem Points; for a complete list of Program Partners that are authorized to redeem Points, visit purehmv.ca).
Shortly after becoming a Member, the Member will receive an email message (delivered to the email address stated on their membership card) from the Sponsor inviting the Member to register their Membership on-line at purehmv.ca (which will require certain addition personal information, such as the Member's postal mailing address); until the Member registers their membership on-line the Member will only be entitled to collect and redeem Points in relation to and for in-store discounts on purchases of eligible in-store items and the Member will not be able to enjoy any other features of the Program. To register on line, the Member will also need to create a password, which password will also be used to conduct any on-line transactions or to access their account on-line (passwords may be changed on-line at any time by accessing the Member's on-line account).
Enrolling and registering On-Line at one and the same time: A person may at one and the same time also apply to become a member and register online through purehmv.ca by completing the on-line membership form available on that website and creating a password. At that time, the Member will be given a membership number which the Member can then use to collect and/or redeem points at Program Partners.
Keeping information up-to-date: It is the responsibility of the Member to at all times keep their personal information with the Sponsor up to date (for example, their email and postal address) so that the Sponsor can contact the Member from time to time about their account including sending the Member any rewards. The Sponsor assumes no liability of any kind if the Member fails to keep their personal information (for example, their postal and email address) with the Sponsor up to date and the Member incurs a loss as a result.
Proper legal documentation will be required from all members requesting a name change.
Renewing a Membership: All members must renew their membership each year on or before the anniversary of their membership and paying the renewal fee then in effect. The renewal can take place by accessing their account on-line at purehmv.ca or by visiting in person at any Program Partner retail store that is authorized to issue memberships. The Member annual renewal fee is payable at any time but at a minimum is due one (1) year from the date on which their last Membership Fee or Renewal Fee was paid (the "Due Date"). If the Member does not pay their annual renewal fee by their Due Date, the Member will not be able to earn any further Points above their current balance (although the Member will be able to redeem Points remaining in their Account). The Member may restore their ability to earn Points by paying their outstanding annual renewal fee; however, the Member must do so within one (1) year of their Due Date (the "Membership Termination Date"). If the Member does not pay their outstanding annual renewal fee by their Membership Termination Date, their Account will be automatically terminated on their Membership Termination Date and the Member will forfeit any remaining Points balance in their Account.
A Membership Card is the property of the Sponsor. It is valuable and the Member must treat it like cash. If a Membership Card is lost or stolen, Points could be redeemed without a Member's knowledge or consent. The Sponsor will not indemnify the Member for any losses if their Card is lost, stolen or used without the Member's authorization. If a Card is lost, stolen or a password or a Card number that has been issued has been compromised, notify the Sponsor immediately by emailing Sponsor at its Customer Service "contact us" page located at http://www.purehmv.ca/ContactUs.aspx.
Program Partners are independent of the Sponsor – in accepting a Program Partner into the Program, all the Sponsor is doing is making Points available to Members by enabling Members to earn Points from Program Partners and to then redeem such Points with a Program Partner that has chosen to redeem Points.
Each Program Partner will have its own method and formula to earn and redeem points at that Program Partner's business. Not all Program Partners will permit Points to be redeemed at their business. A Program Partner is able to offer rewards that are available only at that Program Partner's business and not at any other Program Partner. A Member should contact each such Program Partner to determine their policies in this regard. For a current list of Program Partners and their respective formula for issuing and/or redeeming Points, visit the Sponsor's website.
Sponsor will credit a Member's Account only with Points that a Member earns when the Program Partner informs Sponsor to credit a Member's Account and then only if the Program Partner is in good standing with the Sponsor at the time the Program Partner informs Sponsor to issue the Points. Sponsor is not responsible if a Program Partner delays or fails to notify Sponsor to issue Points not matter the cause or for any other delay (such as a computer technical problem) in recording Points in a Member's Account. Sponsor reserves the right at its sole discretion to refuse to record or honour Points, or if already recorded, to cancel them, if the issuing Program Partner does not pay amounts owing to Sponsor in relation thereto or tells Sponsor to cancel the Points (for example, because the Member did not pay for products or services for which the Points were issued).
The Sponsor assumes no liability whatsoever in relation to a Program Partner including: (i) how a Program Partner conducts its participation in the Program [all the Sponsor is providing Members with is an additional opportunity to collect and/or redeem Points with one or more Program Partners] including if a Program Partner has acted negligently or fraudulently and including if the Sponsor has been negligent in determining how a Program Partner has conducted the Program at its business including if the Sponsor has been negligent in determining that a Program Partner has conducted the Program negligently or fraudulently, (ii) the method in which a Program Partner allows Members to earn and/or redeem Points at their business, or in the way specific rewards uniquely offered by that Program Partner are redeemed at a Program Partner, (iii) if a Program Partner at any time leaves the Program, whether with or without notice or (iv) should a Program Partner change its Points accumulation or redemption formula.
To collect Points, the Member must make purchases of items that are eligible for Points (all goods/services offered by a Program Partner are not necessarily eligible for Points) through a Program Partner (not all Program Partner's permit the collection and/or redemption of Points through their Website).
For all retail store purchases, the Member must present their valid, original Membership Card to the cashier at the time of purchase or, if the Member has forgotten to bring their Card with them, the Member may return to the store within 21 days with the original receipt and present their valid, original Membership Card to the cashier. Receipts from prior to membership activation are not eligible for Collecting Points.
For eligible on-line purchases from a participating Program Partner that permits on-line purchases and offers Points for such purchases, the Member must provide their membership account number in order to earn eligible Points.
A Program Partner may designate any item as eligible or non-eligible for Point collection and/or redemption at any time in their sole discretion and without notice.
Point accumulations are calculated based on the net pre-tax purchase price (less applicable discounts) of the item.
The Sponsor itself or any Program Partner may offer special promotions offering additional (or bonus) Points on specified items.
The Sponsor or any Program Partner may at any time and without notice change the basis on which Points are issued.
Points may not be earned on: purchases of gift cards/certificates, initial enrolment fees, annual renewal fees, pre-payments, deposits and purchases made before their enrolment.
The Sponsor may reverse any Points earned by the Member and terminate their Account if the Member uses or permits their Card to be used to earn Points for items purchased by or on behalf of any entity or corporate body.
Points totals as recorded in Sponsor's systems will be deemed correct in the absence of conclusive evidence to the contrary. Questions with respect to an Account or any issues relating to the acquisition of Points, the number of Points in a Member's account, selection, availability or delivery of Rewards, must be addressed within 90 days of the occurrence of the event by emailing Sponsor at its Customer Service "contact us" page located at http://www.purehmv.ca/ContactUs.aspx.
Points will be subject to forfeiture where eligible products/services are purchased for resale. The Sponsor reserves the right to limit the number of Points earned on the purchase of eligible products which are on offer or promotion or multiple copies or quantities of any eligible item.
Points have no cash value, are not exchangeable for cash, and may not be transferred by the Member to any other person or transferred between accounts. On a Member's death or bankruptcy, Points in their Account will be forfeited and their Account will be terminated. Points are indivisible and may not be divided or shared with a spouse or former spouse.
Points earned on a transaction will be reversed when an eligible item is returned in accordance with the Program Partner's current "returns policy". For all returns, the Member must present their Membership Card and the original cash register receipt.
The Sponsor may terminate a Member's Account without notice to the Member and forfeit any Points in their Account where the Sponsor has reasonable grounds to believe that the Member is abusing the Program.
If a Participant has an issue with any Points that have been issued or accumulated or there is a discrepancy with the number of Points earned on a particular transaction, the Participant has 21 days from the date of the transaction on the receipt to contact Sponsor and report on the matter; after 21 days from the date of a respective transaction, any respective amount of Points appearing in relation to that transaction in Sponsor's Points internal database that has not been questioned by a Participant will be deemed final and will not be changed regardless of the circumstances. If Points were not properly issued or redeemed, Sponsor reserves the right in its sole discretion to adjust the Points in question to correct the matter.
The Member may redeem Points online at purehmv.ca, or at any Program Partner's retail stores or Websites that offers Points redemption ability (not all Program Partners offer Points redemption at their retail stores and/or their websites).
GST, PST, HST, QST and any other applicable taxes will be calculated and payable by the Member on the full amount of the purchase price before any discount for Point redemption is applied. In the case of any other legally eligible amounts, the Member will be responsible for the payment thereof at the time the carrier who delivers the package to the Member delivers it to the Member. Any applicable shipping charges are extra and are determined by each Program Partner or by Sponsor where redemption occurs at purehmv.ca.
Points may not be redeemed until they have been added to a Member's Account.
To acquire a Reward the Member must redeem the number of Points specified by the Program Partner for that Reward. Rewards are subject to availability. Some Rewards may only be available to persons of the age of majority. Rewards selected through purehmv.ca or any other on-line ordering system will delivered to the current shipping address listed on the Member Account (note that not all Rewards will be eligible for shipment; if a Reward is ineligible for shipment, this will be stated in the Reward's description and/or elsewhere on the Website in question). The Sponsor and/or Program Partner reserves the right to cancel any delivery where the Member cannot be contacted within 30 days of the redemption order date. Delivery is not guaranteed and does not include removal of packaging, installation or indoor delivery (redemptions may not be able to be delivered to all addresses). No redemptions will be delivered to a PO Box. The Member by placing a Points redemption request is automatically deemed to release the Sponsor from and agree to indemnify the Sponsor from any and all liabilities, losses and/or claims arising out of any loss or damage caused by the Member's use of any Reward. The Sponsor reserves the right to require proof of identity and/or age when the Member redeems Points or claims a Reward and the Sponsor may require the Member (or the Member's parent or legal guardian) to provide a signed legal release of the Member's legal rights and the Member's agreement to indemnify and hold harmless the Sponsor and its servants, agents, employees, suppliers, and affiliate companies worldwide.
The Sponsor at various times (but not always) may allow Members to purchase Points directly from the Sponsor for cash where additional Points are required to redeem rewards beyond the amount of Points that a Member then has in their Account and in such situations Members are to refer to the purchase process and cost schedules to do so that the Sponsor will publish from time to time at purehmv.ca. GST, PST, HST, QST and any other applicable taxes will be calculated and payable by the Member on the full amount of the purchase price of such Points. Sponsor reserves the right in its sole discretion to limit the number of Points purchased.
Points that are purchased, once purchased, are not refundable. However, in unique circumstances as determined solely by Sponsor in its own absolute judgment, if the Sponsor at its sole discretion chooses to allow a refund of Points that are purchased by Members, Sponsor's sole liability to the Member in that regard shall be the refund of the purchase price paid in the event such Points are not used (it being understood that any rewards obtained from the use of Points after the purchase of Points shall be conclusively deemed to have been obtained first from purchased Points and second from other already acquired Points).
Subject to any extension or renewal by the Sponsor, the Program will terminate at 23:59:59 ET on December 31, 2014 (“Program Termination Date”) and the Member will then have until March 31, 2015 to redeem any Points in the Member account with any unredeemed Points then remaining in the Member's Account automatically expire on April 1, 2015. The Sponsor reserves the right in its sole and absolute discretion to extend or renew the Program beyond the Program Termination Date, or to suspend or terminate the Program in whole or in part at any time prior to the Program Termination Date, by providing 90 days notice (which notice will be posted on Purehmv.ca). Upon any suspension or termination of the Program (regardless of the reason), Sponsor will have no further liability to any Member, and Sponsor shall be automatically be released from any and all claims, losses, costs and/or liabilities which may be made by the Member arising from any suspension, termination, extension or renewal of the Program.
The Sponsor may terminate a person's Membership in the Program and forfeit any Points in their account, in Sponsor's sole and absolute discretion, where: (i) the Member abuses their privileges under the Program, or (ii) the Member fails to comply with the Program's Terms in effect from time to time.
The Sponsor may, in its sole and absolute discretion, and at any time without notice to a Member, and without the Member's consent, amend these Terms (which amendment may limit, suspend or terminate any or all of a Member's rights and/or benefits under the Program) provided that all such amendments will be posted on Purehmv.ca. Any such amendments come into effect upon posting on-line at Purehmv.ca.
The Sponsor, at its sole discretion, reserves the right to take any action or make any decision which in the Sponsor's sole opinion preserves the integrity, proper functioning and/or administration of the Program.
If any provision of these is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms.
Limitation of Liability
The Sponsor is not liable for any delay or failure caused by circumstances beyond its reasonable control including technical problems with the Sponsor's server that is used to account for Points and the like or to redeem Points for rewards. Any waiver by Sponsor of any of Sponsor rights shall not be deemed to be a waiver of any of Sponsor's other rights or remedies.
Sponsor, including its affiliates, its and their respective officers or directors, will have any responsibility or liability for any expense, loss, cost, injury, damage, or any other matter or thing whatsoever (collectively, "Costs"), however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages), directly or indirectly arising out of or related to (i) the Program or a Member's participation in the Program, (ii) any failure, delay or decision by the Sponsor in administering the Program, (iii) any offer, representation, statement or claim about the Program or a reward or anything else, or (iv) the purchase, redemption for or use of any rewards. This applies even if the Sponsor or its representatives are advised of the possibility of such Costs. Any liability the Sponsor may have to a Member or anyone else who obtains the benefit of or under or through the Program, under any circumstances, for any negligence, breach of contract or otherwise, is limited to crediting a Member's Account with the number of Points redeemed in connection with those circumstances, or, if no Points were redeemed, to a maximum of one-tenth of one cent for each Point recorded in a Member's Account when the liability arose.
All disputes of any kind or nature relating to the Program shall be resolved by the Sponsor in its sole and absolute discretion and shall be final and binding.
The Program shall be governed by the laws of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. By joining the Program, a Member expressly consents to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as the Sponsor may determine in any and all actions, disputes, or controversies relating to the Program. Any disputes regarding the Program or in any way arising out of membership, including Points accumulated or rewards claimed or received shall be submitted to the courts of Ontario and shall be commenced in the City of Toronto, whose courts shall have exclusive jurisdiction to hear such disputes.
Privacy of Information
Most of the information provided by Participants to the Sponsor (for example, on the membership form, online or to Sponsor's Helpline) will constitute personal information, as that term is defined under the Personal Information and Protection of Electronic Documents Act, for example, the Member's name, gender, marital status, postal address and email address. While the Sponsor is collecting such personal information for purposes of administering the Program, that information may also be used by the Sponsor for market research purposes or to notify the Member of the Sponsor's special promotional offers.
The Sponsor will not sell any personal information to any third party, though it will be provided to associated third parties in the following circumstances: (i) to administer the Program from a technological standpoint (e.g., computer programming companies) or (ii) to Program Partners (and Program Partners may use that personal information to notify the Member of the respective Program Partner's special promotional offers).
Participants in the Program can choose not to form part of the Sponsor's marketing databases or to be contacted for promotional reasons, by using any of the methods outlined below under the heading "Contacts" or by emailing our privacy officer at firstname.lastname@example.org.
The Sponsor assumes no responsibility or liability in the event that a Member's personal information is accessed by unauthorized persons due to an unauthorized use by third parties of the Member's password, whether such use resulted from some action or lack of action on the Member's part (for example, the Member having given it to a third party or the Member in some way not adequately protecting the password) or otherwise (for example, where the Sponsor's computer systems have been compromised by illegal means).
A Member is able to contact the Sponsor at any time in relation to any Program matter, as follows:
In the case of a request relating to personal information, by emailing our privacy officer at email@example.com
In the case of a request relating to the operation of the Rewards Program, by emailing Sponsor at Sponsor's Customer Service "contact us" page located at http://www.purehmv.ca/ContactUs.aspx