Terms & Conditions

SHOP AND SUPPORT FUNDRAISING PROGRAM TERMS & CONDITIONS

Revised 02.22.08

Having completed a printed or online application and reviewing these Terms and Conditions, you acknowledge that you have read and understood this agreement and you expressly agree to be bound by all of its terms and conditions, and any other terms and conditions, notices and disclaimers displayed elsewhere on the Shop and Support Website. If you do not agree to all of these terms and conditions, then do not click on the "I Have read and agree to the Terms and Conditions" check box.

By enrolling you have become a Shop and Support Member ("Member") of the PREFERRED ONE Inc. ("PREFERRED ONE") Shop and Support Fundraising Program (the "Shop and Support Program" or the "Program"). All references in these Terms and Conditions to "you" and "your" means you in your capacity as a Member. All references to "us", "we" or "our" are references to PREFERRED ONE.

Enrolment, membership and all related benefits of the Program are offered to you at our sole discretion. By enrolling in the Program, making purchases and earning Fundraising Dollars or Contributions, you signify that you have read, understood, and agreed with these Terms and Conditions and are bound by all of them, as changed from time to time as set out below, and you have consented to our collection, use and disclosure of your personal information in accordance with this Agreement.

EARNING FUNDRAISING DOLLARS OR CONTRIBUTIONS
The following describes how you can earn Fundraising Dollars or Contributions through the Shop and Support program:

1. DEFINITIONS

1.1. Definitions. The following words will have the following meanings:
(a) "Account" - means the account opened for the Member and administered by us or our nominee into which Fundraising Dollars or Contributions or other amounts will be added or subtracted in accordance with these Terms and Conditions;
(b) "Account Balance" - means the balance held in your Account calculated by adding all Fundraising Dollars or contributions received by us on account of your Transactions less all amounts charged against your Account or payable by you as set out in these Terms and Conditions;
(c) "Fundraising Dollars or Contributions" - means a cash rebate received by us from a Merchant calculated as a percentage (established by each Merchant and which may be adjusted up or down from time-to-time) of the price of, gift cards/certificates, goods or services purchased by you through the Program as set out in these Terms and Conditions;
(d) "Member" - means the person designated as the authorized user of the Program, identified by their unique email address or membership account number provided upon registration;
(e) "Membership Number" or "Account Number" - means the 16-digit unique number assigned to the Member and your Account, to identify you;
(f) "Merchant" - means a vendor of products, and/or services who participates in the Program;
(g) "Organization" - means a non-profit group that has enrolled in the program of which a Member belongs to
(h) "Program" - means the Shop and Support Program; and
(i) "Transaction" - means a purchase of Merchant gift cards, certificates or services by a Member through the Program on which Fundraising Dollars or contributions were paid or are payable.

2. YOU ARE BOUND BY THESE TERMS AND CONDITIONS

2.1. Binding Agreement. By filling out an application and receiving and using the Program, you acknowledge that you have agreed to be bound by the Terms and Conditions of the Program as set out herein or as amended as described below.

2.2. Changes to Terms and Conditions. We may amend the Terms and Conditions of the Program from time-to-time. All amendments will be posted at the web site located at www.shopandsupport.ca and will be effective as of the date specified in that amendment or 30 calendar days from the date of posting, whichever is longer. If you do not notify us in writing at the address set out in Section 9.1 before the effective date that you wish to terminate your agreement with us, you will be deemed to have accepted the amended Terms and Conditions as at the effective date. You are responsible for keeping up-to-date on the Terms and Conditions, and you agree to be bound by the version of the Terms and Conditions in effect at that time.

2.3. Property. The Program including all documents or materials which relate to the Program, all information collected from any source whatsoever as a result of your use of the Program, all Personal Information collected by us as set out in Sections 3.1 and 3.2, and all rights relating to the foregoing, are and will remain our sole property. You may not sell, exchange, give, charge or otherwise dispose of any of the foregoing without our explicit consent.

3. YOUR PERSONAL INFORMATION

3.1. Personal Information. For the purposes of this Agreement, "Personal Information" means demographic, geographic, and psychographic information about you provided to us by you, or generated as a result of your participation in the Program, including your name, age, address, purchasing habits, product and service preferences, and Transaction history.

3.2. Collection. You acknowledge and consent to the gathering, acquiring, or the obtaining of Personal Information from you or a third party during the sign-up procedure for the Program, and during your use in conjunction with the Program.

3.3. Use. You acknowledge and consent to us handling or dealing with Personal Information in the following ways: to communicate with you, to provide the Program and related products and services to you, to keep track of your Fundraising Dollars or Contributions and of your participation in the Program.

3.4. Withdrawn Consent. You understand that by giving your consent, we are able to provide the Program to you, and we are unable to provide the Program to you if you do not provide your consent. You may not withdraw your consent while you are a Member. If you wish to withdraw your consent you must terminate this Agreement by providing notice to us as set out in Section 4.7 below.

4. MEMBERSHIP INTO THE SHOP AND SUPPORT PROGRAM

4.1. Enrolment. To enrol in the Program, you must provide an address and you must correctly complete the appropriate application. You must agree to be bound to this Agreement. If we accept your application for enrolment, we will establish an Account in your name and send you a confirmation by email or mail, you can then begin accumulating Fundraising Dollars or Contributions.

4.2. Eligibility. Only one membership is available per person.


4.3. Fees. The Program does not charge any membership fee. Some of the Merchants that will participate in the Program by rebating a portion of Members' purchases at or with those businesses (each a "Merchant") may charge fees with respect to some of their offers related to the Program, including, but not limited to, shipping and handling, transfer fees and additional fees. Any such fees will be disclosed in the description of those Merchant offers, and each Merchant reserves the right to change such fees or institute new or additional fees in the future.


4.4. Personal Information. If there is any change to your name, address, or any other important information which you have provided to us, it is your sole responsibility to notify us (in writing, by e-mail or through any other method which we may make available) and to confirm our receipt of any such change. We shall not be liable for any losses caused to you resulting from your failure to notify us of such changes in a timely manner.

4.4. Use of Program. Customers participating in the Program must have a valid Account Number to earn fundraising dollars or contributions, enter into contests and receive additional privileges for being a Member. Any unauthorized reproduction or use of the Card may lead to legal prosecution, forfeiture of your Account Balance, and termination of your membership in the Program at our sole discretion.

4.5. Account Number. You will be issued an account number. The account number is our sole property and we reserve the right, at our sole discretion, to refuse issuance of your participation to you if you do not follow the prescribed enrolment procedures. If your account number is stolen, lost, or damaged, or if you wish to have a replacement number, please notify us immediately and we will forward a new account number to you.

4.6. Members. Each Member will receive one account number and one Account. You may not permit any other person to use your Card. Account Balances can not be transferred to another Account.

4.7. No Unauthorized Use of the Program. You agree to comply with this Agreement, and all you will not, and will not permit others to:
(a) provide any unauthorized third party with access to the Program or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to the Program (collectively, "Content") by any means; (b) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Program; (c) engage in any activity that does not comply with Canadian law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program; (d) introduce into the Program any code intended to disrupt the Program, alter or delete its Content, access confidential Content on the Program website or interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (e) post any material in any form whatsoever on the Program website or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or
(f). infringe any patents, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any party in connection with your use of the Program.

4.8. Security. You will maintain the confidentiality of the user IDs and passwords by which you access the Program, and will allow access to the Program only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. Any use of your assigned user IDs or passwords will be deemed to be your use. If there is a breach of security through your account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Program that would damage, interfere with or unreasonably overload the Program. You acknowledge that the Program Administrator will not contact you to solicit your user ID or password.

4.9. Termination. We may revoke your membership, terminate your membership in the Program, or terminate the Program, without notice to you, at any time in our sole discretion. Both of us may terminate this Agreement by providing 10 business day's written notice to the other. Notice may be sent to us at the address set out in Section 9.1.

5. ACCUMULATION OF FUNDRAISING DOLLARS OR CONTRIBUTIONS

5.1. Fundraising Dollars or Contributions. When you identify yourself as a Member and enter into a Transaction with us, using your account number, you will receive a cash rebate, outlined in Section 1.1.c, as a result of your purchases of Merchant gift cards or gift certificates which will be directed to your Organization. Some Organizations offer its' Members all or a portion of the Fundraising Dollars or Contribution they earn, back to the individual Member. The Organization is responsible for how the funds are distributed back to Members. You agree that we are not responsible once the Organization has received the Fundraising Dollars or Contributions.

5.2. Amount of the Fundraising Dollars or Contributions. The percentage of the purchase price designated by a Merchant as a fundraising dollars or contributions will vary depending on the Merchant and on the good or service purchased. The percentage shall be determined by agreement between us and each Merchant and may be amended from time-to-time. That percentage shall be used in calculating the amount of any fundraising dollars or contributions payable to you or your Organization.

5.3.Your Account. Fundraising Dollars or Contributions you accrue as a result of will be posted to your Account. The Shop and Support website will display a summary of activity in your Account. Generally, Fundraising Dollars or Contributions will be posted to your Account at the time the transaction is made. However, we will not be liable for damages resulting from any failure to post Fundraising Dollars or Contributions to a Account in a timely manner. You acknowledge and accept that you are solely responsible for checking your Account regularly to verify that Fundraising Dollars or Contributions have been properly posted. If you believe that Fundraising Dollars or Contributions have not been properly posted to your Account, then you must inform us within 180 days of the qualified transaction for which you are claiming that Fundraising Dollars or Contributions should have been posted and must be able to provide proof of such transaction acceptable to the Program. We reserves the right, however, to determine, in its sole and absolute discretion, whether Fundraising Dollars or Contributions should have been posted to your Account. You acknowledge that any such determination by the Program Administrator will be final and binding.

5.4. Agency. You acknowledge that your Account Balance held by us for you is not as trustee and that these Terms and Conditions do not create a trust or a fiduciary relationship between you and us.

5.5. Refunds and Adjustments. In the event that you return any part of goods purchased, or reverse, modify, do not complete, or adjust a Transaction, we may reduce your Account Balance to take into consideration the reduction of value exchanged in the Transaction. You may create a negative Account Balance by receiving payment of fundraising dollars or contributions and subsequently reversing, modifying, adjusting, not completing or a Transaction. Any negative Account Balance, howsoever caused, shall be a debt owing by you to us payable upon demand.

5.6. Disputes. If you believe that any statement showing the amount of fundraising dollars or contributions paid to your Account is in error, you must tell us within 60 days of that statement date or it will be deemed correct except for excess fundraising dollars or contributions improperly noted on it. We may require documentation to support your claim.

5.7. Telephone or Internet Purchases. All telephone or internet purchases from Merchants made by you are eligible for Fundraising Dollars or Contributions provided that the Merchant has (a) agreed to offer Fundraising Dollars or Contributions on such goods or services and (b) that at the time of purchase you provide the Merchants with your name and your Account Number, together with any other information which the Merchants may reasonably request.

5.8. Merchants and Merchant Requirements. Only purchases made through shopandsupport.ca may qualify for Fundraising Dollars or contributions.

5.9. No Direct Deposit of Funds. Only Fundraising Dollars or Contributions paid by Merchants can be credited to your Account. You may not directly deposit any funds to your Account.

6. PAYMENT OF FUNDRAISING DOLLARS OR CONTRIBUTIONS

6.1. Balance on Hand. Each month your Fundraising Dollars or Contributions will be made payable to your Organization, we will pay to your Organization your positive Account Balance as calculated on the 31st of each month (each, a "Calculation Date"), for the month prior. For example, your Fundraising Dollars or Contributions for purchases made between Sept. 1 and Sept.30 will be calculated commencing Oct 15th.

6.2. Inactive Accounts. Should your Account remain inactive for a period of 12 months, then we reserve the right to close your Account, and terminate your membership in the Program without notice to you. If your Account is closed, your Account Balance will be forfeited.

7. MISCELLANEOUS

7.1. Liability. a. We are not responsible for the actions of any of the Merchants involved in the Program and we shall have no liability to you in the event that a Merchant withdraws from the Program. We shall not be liable if a Merchant fails to make payments to us pursuant to its agreement to do so. We may, but shall not be obligated to, take legal action against any such defaulting Merchant. We may from time to time advise you of any new or withdrawing Merchants, but we are under no obligation to do so and will bear no liability to you resulting from any failure to keep you so informed. In no event whatsoever shall we have liability to you for damages of any type or cause, whether in contract or in tort including negligence. We shall not be liable for your direct, indirect, special, consequential, or incidental damages for any cause arising out of these Terms and Conditions or your membership in the Program even if we have been advised of the possibility of such damages, including but not limited to, lost profits, lost revenues or failure to realize expected benefits. Unless otherwise expressly stated in this agreement, no action, claim or proceeding, regardless of form, arising out of these Terms and Conditions or from your membership in the Program shall be brought by you against us more than six (6) months after you become aware of, or ought to have become aware of, the facts giving rise to the existence of any cause of action; provided, however, that you further agree that in no event shall you bring any action, claim or proceeding under or in relation to this agreement later than six (6) month after the termination of your membership in the Program or after the termination of the Program.

b. None of the Merchants, PREFERRED ONE or any of their respective officers, directors, employees, agents, successors, or affiliates are responsible or liable for any special, incidental, consequential, punitive or other indirect damages or for loss of profits, loss of data or loss of use damages, that result from the use of, or the inability to use, the service, the information contained on the Program website, or (except in the case of the applicable Merchant) any merchandise, products or services offered by the Merchants or suppliers in conjunction with the service, even if any such entity has been advised of the possibility of such damages. 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.

c. In no event will PREFERRED ONE'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 Fundraising Dollars or Contributions in your Account.

7.2. Web Site Errors. We shall not be responsible for any errors or omissions contained in our web site. Without limiting the generality of the foregoing, we are not liable for incorrect information relating to the posting of current Terms and Conditions or relating to the posting of current Merchants or Merchant requirements.

7.3. Death of a Member. Upon the death of a Member, the Account can be transferred into the name of the estate trustee or administrator provided that we receive a valid death certificate and proof of the estate trustee's or administrator's authority. We are not responsible for any taxes which may be payable as a consequence of such death.

7.4. Statements. The current status of your Member Account can be ascertained by accessing www.shopandsupport.ca. Regular statements are not provided by mail or otherwise unless you provide a written request for same together with a stamped self-addressed envelope. A service charge will automatically be levied from the Account, for providing such a statement.

7.5. Merchant Postings on Web Site. We are entitled to add, edit or delete Merchants without notice or liability to you. We may from time-to-time include a list of current Merchants on the web site located at "www.shopandsupport.ca".

7.6. Relief. You acknowledge and accept that any breach of Section 4.7 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 4.7 above, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.

7.7 Certain Disclaimers; Indemnification.
a. Disclaimer of Warranties. The Program 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 or Non-infringement. We make no warranty as to the quality, accuracy, completeness, or validity of any materials related to the Program and do not warrant that the functionality of such Program will be uninterrupted or error-free, that defects will be corrected, or that such Program or the server(s) that make(s) it available are free of viruses or other harmful components.

b. The Program's website and the service may contain facts, views, opinions, statements, or recommendations of third-party individuals and organizations. We do not represent or endorse the accuracy, timeliness, or reliability of any advice, opinion, statement, recommendations, or other information displayed, uploaded, or distributed through the program website. Links on our web site will let you leave the program web site.  The linked sites are not under the control of us and we are 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, we do not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, products or services offered or provided by its Merchants or suppliers in conjunction with the service.

c. Exclusion of Certain Damages. PREFERRED ONE, its suppliers and Merchants will not be liable for any damages, including indirect or consequential, arising from: i. any failure to screen users or Members of the Program; ii. Acts or omissions of any users or Members of the Program; iii. Materials posted by, or of, any party other than PREFERRED ONE 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 from 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, fires, floods, epidemics, quarantine restrictions, failure or erratic behaviour of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.

d. Indemnification. You agree to indemnify PREFERRED ONE, any 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 attorneys' 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 4.7), or for any materials in any form whatsoever that are provided by you (or through your user ID and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. The Program reserves in their reasonable discretion the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

8. OTHER RULES AND REGULATIONS

8.1. No Grant of License. You do not have any right to use PREFERRED ONE or any of our or our Merchants' names, trademarks, logos, and you are prohibited from using such names, trademarks or logos. You expressly agree that there is no grant to you of any license or right to use any of the intellectual property appurtenant to the Program.

8.2. Governing Law. These Terms and Conditions are governed by the laws of the Province of Ontario.

9. FURTHER INFORMATION

9.1. Information Request. Any request for information about the Program or any question regarding the Account should be forwarded in writing to us at the address set out below or by phoning (866) 387-8073. Information about your Account will only be given to you.

Our address: PREFERRED ONE INC.
60 St. Clair Ave E., 5th Floor
Toronto , ON M4T 1N5
Telephone: 1.866.387.8073
Fax: 1.416.863.5120

9.2. Web Site. Members may obtain current information over the Internet by going to our web site located at "www.shopandsupport.ca".