A PET’S LIFE PAW POINTS PROGRAM RULES
1. The A Pet’s Life Paw Points Program (the “Program”) is a rewards program offered by A Pet’s Life Ventures Inc and its related companies (the “Sponsor”) to its customers. An individual enrolled in the Program (a “Member”) may collect Paw Points (“Points”) from time to time at participating A Pet’s Life retail stores operated by A Pet’s Life Ventures Inc and its related companies (each, a “Store”).
2. The Paw Points Program card (the “Card”) issued to Members is not a credit card. Points have no cash value and are not exchangeable or redeemable for cash. Except as permitted from time to time by Sponsor and pursuant to the terms specified by Sponsor, details of which are available from the A Pet’s Life website (www.apetslife.ca) or a Store, Points cannot be assigned, exchanged, purchased, or given by gift. Points cannot be sold, bartered, rented, or otherwise disposed of. Points are void if sold for cash or any other consideration.
3. The Card and all Points collected remain the sole property of Sponsor and may be revoked at any time by Sponsor at its sole discretion.
4. To participate in the Program, a customer must become a Member of the Program. There is no enrolment fee nor is a purchase required to become a Member.
5. To enroll, an individual must be of the legal age of majority in the jurisdiction in which the individual resides or have obtained the consent of the individual’s parent or legal guardian, and must have a valid address located in Canada. A Paw Points enrolment form must be completed properly, either in a Store or on www.apetslife.ca. The new member will receive a Program card immediately upon enrolment in a Store and otherwise by mail following registration.
6. Each Card has a distinctive number affixed on it which will be registered to the Member’s name and associated with the Member’s account. No Member shall have more than one Program account at any time. Any unauthorized reproduction of duplication of the Card is fraudulent and may lead to legal action and forfeiture of all Points and membership in the Program.
7. Membership is available to individual customers. Membership is not available to companies, businesses, charities, partnerships, enterprises, or any other party or entity that is not an individual unless otherwise previously agreed to in writing by Sponsor and in its sole discretion.
8. Members are responsible for informing Sponsor of any relevant changes to personal information including name, mailing address, email address, telephone number or any other pertinent information. Members may advise of a change of personal information on www.apetslife.ca or at a Store.
9. Use of the Card constitutes acceptance of these Rules and constitutes consent to the collection and use of personal information in accordance with the A Pet’s Life Paw Points Privacy Commitment, referred to below, each as amended from time to time.
10. Sponsor reserves the right to refuse to issue a Card to any individual or to cancel a membership of any Member who does not adhere to these Rules.
11. A Member must present the Card at the point of sale and prior to the completion of the transaction when making a purchase at a Store in order to collect Points. A Member cannot simultaneously collect Points from more than one Card.
12. Points will be awarded at the rate of one Point for each dollar, rounded to the nearest dollar, spent on eligible items at Stores. Points will be calculated based on the price of each eligible item before taxes. Sponsor may in its sole discretion award additional Points based on criteria such as but not limited to the dollar value of purchases, products purchased, or other promotional criteria.
13. The total number of Points awarded for each purchase at a Store will be indicated on the Member’s cash register receipt. If Points do not appear on a cash register receipt due to a technical or system issue, the Member’s account will be updated to reflect the Points collected following resolution of the issue.
14. Members may determine their Points balance on their cash register receipt or upon reasonable request at a Store.
15. The total number of Points that a Member may accumulate before Points must be redeemed for a reward is 3,000.
16. In order to access information pertaining to a membership account, Members must positively establish their identity by providing certain information as requested by Sponsor. Verification may be obtained through use of a personal password or by any other means in the sole discretion of Sponsor. Members must notify Sponsor immediately if a Member’s Card is lost or stolen. If passwords are used, Members are responsible for protecting the secrecy of their passwords.
17. The total number of a Member’s Points as indicated in Sponsor’s records will be deemed to be correct unless otherwise demonstrated by the Member to the satisfaction of Sponsor and in its sole discretion. There may be a delay after a Member collects Points before the Points are reflected in the Member’s account. A Member must notify Sponsor of any discrepancies immediately upon becoming aware of same, and in any case within a period not to exceed 60 days following the most recent transaction by Member at a Store. Sponsor may require a Member to submit documentation to support a Member’s claim. If a Member does not notify Sponsor of any discrepancies within the time period specified above, the number of Points in a Member’s account will be deemed to be correct except where Sponsor has improperly recorded Points in excess of the actual amount collected by the Member. If this occurs, Sponsor may correct such an error at any time.
18. Points will not be issued on purchases of dog or other licenses sold by Sponsor on behalf of any licensing authority and any on other goods or services specified by Sponsor from time to time or as excluded by law. Sponsor reserves the right to add or delete items eligible for Points at any time.
19. Upon return or exchange, which is otherwise permissible in accordance with Sponsor’s general business practices and policies, of a purchase on which Sponsor has awarded Points to a Member, a corresponding number of Points equal to the value of the refund before taxes may be deducted from the Member’s account.
20. Membership may be terminated by Sponsor upon proof of the occurrence of any one or more of the following events: a) When a Member has not earned or redeemed Points during a two-year period, b) upon the death of a Member, c) upon the bankruptcy of a Member. A Member may indicate to Sponsor at any time that the Member wishes to cancel membership in the Program. Upon termination of a membership, any Points in the terminated account will be canceled, except that upon written request and submission of appropriate documents as determined by Sponsor from time to time in its sole discretion, Points can be transferred to the heirs of a deceased Member. Points are not divisible or transferable in the event of divorce or any other termination of a Member’s relationship with another person.
21. Points may be redeemed in a Store for a discount on a purchase at a Store or for other rewards as specified by Sponsor from time to time in its sole discretion. Members’ accounts must be in good standing prior to redeeming Points for rewards, and Members may be required to verify their identity as described in Rule 15 above. Details of available rewards and relevant restrictions are available at www.apetslife.ca or on reasonable request at a Store.
22. Sponsor is not liable for any tax consequences which may flow to a Member or to any other person from participation in the Program.
23. Account balances and Points required to obtain rewards are subject to verification by Sponsor.
24. Upon redemption of Points for a reward, the Member’s Points balances will be reduced by the number of Points required to obtain the reward.
25. When a Member has accumulated sufficient Points to qualify for a reward, the Member may request that these Points be applied towards a reward. Such a request will, unless the Member specifically requests otherwise, be automatically applied to the current transaction and further to all future transactions until the number of Points that qualify for a reward are redeemed. Once such a request is made is made, the Member will have 730 days from the date of the request to redeem the Points which qualify for a reward. Any redeemable Points which remain in the Member’s account will expire at the end of this time period.
26. Points may not be redeemed towards the purchase of dog licenses or other licenses sold by Sponsor on behalf of any licensing authority or any other goods or services specified by Sponsor from time to time or as excluded by law. Sponsor reserves the right to add or delete items ineligible for redemption at any time.
27. In order to redeem Points, an individual must be a Member who has provided all required information to permit his or her account to be fully activated.
28. If a Member’s Card is lost, stolen, or destroyed, upon proper presentation of identification a replacement Card will be issued to the Member. The Points balance previously accumulated by the Member will be transferred to the account associated with the Member’s new Card. Sponsor assumes no liability or responsibility for Points redeemed with a lost or stolen Card prior to receiving notification of the loss of theft. Any Points accumulated with a lost or stolen Card prior to receiving notification of a loss or theft will be credited towards the Member’s new account.
29. The Program will terminate at 11:59 pm on December 31, 2012 (the “Termination Date”). Members will have until June 30, 2013, to redeem Points accumulated up to the Termination Date, after which date Points will expire.
30. Sponsor may in its sole discretion extend the Program beyond the Termination date or terminate the Program at any time prior to the Termination date upon 30 days notice. The Program may be terminated without notice should an event beyond Sponsor’s control materially affect its ability to operate the Program.
31. Sponsor may restrict, suspend or otherwise alter any aspect of the Program, and may amend these Rules at any time without notice. The current version of these Rules will be available on www.apetslife.ca or on reasonable request at a Store. Members are responsible for keeping informed of changes to the Rules.
32. Upon suspension or termination of the Program, Sponsor will not be liable for any accumulated Points and Sponsor is hereby released from all claims in respect of any such suspension, termination, forfeiture of Points, redemptions or otherwise in respect of any suspension or termination.
33. Any abuse by a Member of the Program or failure to adhere to these Rules or any misrepresentation by a Member may at Sponsor’s sole discretion subject the Member to membership cancellation. Any waiver by Sponsor of any non-compliance by a Member of any of these Rules, either express or implied, shall not be deemed to be a waiver of any rights or remedies of Sponsor as a result of any other failure to observe, perform or comply with these Rules. No delay or omission by Sponsor in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
34. Sponsor and its employees, officers, and directors are not liable or responsible for, and each Member releases each of the foregoing from all claims in respect of, any expense, loss, cost, injury, damage or inconvenience (“Damages”) however suffered or caused arising as a result of or in connection with the Program, participation in the Program, these Rules and any amendment thereof, the collection and redemption of Points, illegal or unauthorized use of a Member’s Points or Card, any offer, claim or representation regarding the Program, Sponsor’s products or services, or the purchase or redemption for or use of any goods or services of Sponsor regardless of whether they were or could have been aware of the possibility of such Damages. Any liability Sponsor may incur under any circumstances with respect to the Program is limited to crediting a Member’s account with Points in connection with any Damages incurred by the Member.
35. The interpretation of these Rules is subject to the laws of British Columbia and the federal laws of Canada applicable in British Columbia. If any provision of these Rules is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Rules.
36. These Rules constitute the entire agreement between a Member and Sponsor with respect to all aspects of the Program. Unless otherwise stated in these Rules, there are no conditions, representations, warranties, express or implied, statutory or otherwise with respect to the Program. Any inconsistency or discrepancy in these Rules shall be decided in favour of Sponsor.
37. Sponsor respects the privacy of each Member enrolled or applying for enrollment in the Program. Sponsor is committed to protecting all personal information collected from Members. Sponsor has established an A Pet’s Life Paw Points Program Privacy Commitment that complies with all applicable federal and provincial legislation, including the Personal Information Protection and Electronic Documents Act (Canada).
38. The A Pet’s Life Paw Points Program Privacy Commitment is intended to assist Members in understanding the purpose for collection during Program operations of any personal information and how personal information is used, protected, stored and disclosed by Sponsor and its employees and any other authorized third party who may receive Members’ personal information. Sponsor does not collect personal information through the operation of the Program other than for the purposes identified in the A Pet’s Life Paw Points Program Privacy Commitment, except where required by law.
39. Sponsor collects, uses and discloses personal information of Members for the purposes identified in the A Pet’s Life Program Privacy Commitment.
40. Sponsor will not collect, use or disclose personal information about a Member without the consent of the Member, except where required by law and only by legal and reasonable means.
41. A Member may indicate to Sponsor at any time that the Member wishes to cancel membership in the Program. Following the cancellation of a Membership, Sponsor may retain personal information pertaining to that Member for a reasonable period for legal, administrative or compliance purposes.
42. Sponsor does not share, give, rent or sell personal information to any third parties other than personal information shared between Sponsor and consultants, employees, agents, franchisees, related companies and authorized third parties which provide administrative and support services to Sponsor.
For further information on how Sponsor maintains the privacy, security, and integrity of all personal information collected from Members, please see the A Pet’s Life Paw Points Program Privacy Commitment, which is available here or on reasonable request at A Pet’s Life retail stores. In the event of any inconsistency between the privacy sections of these Rules and the A Pet’s Life Paw Points Program Privacy Commitment, the latter prevails.