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Terms and Conditions
- Acceptance. Welcome to the Partners
Plus Loyalty Card Website (the "Website") operated by 6674518
Canada Limited ("Partners Plus"). The Website products and
services (collectively, the "Services") are offered by Partners
Plus through Web pages and linked pages that display the
Partners Plus Loyalty Card navigation bar and include a footer
link to the Partners Plus Loyalty Card Website Terms and
Conditions. By accessing the Website or using any of the
Services, you agree to be bound by these Terms and Conditions a
nd additional or alternative terms, conditions, rules and
policies in connection with any particular Service. Please note
that the Terms and Conditions may be updated from time to time
without notice to you. Because the Terms and Conditions contain
legal obligations, please read them carefully.
- The Partners Plus Program collects
information on Cardholder activity through user navigation and
the use of tools and functions available on Partnerpluscard.com.
This information is to be used to understand and analyze
Cardholders' responses, needs and preferences, and to develop,
enhance, market and/or provide products and services to meet
those needs. In addition, information collected may also be used
for the specified purposes of the Partners Plus Reward Program
as outlined in our Partners Plus Privacy Commitment
- Privacy and Cookies. For
information on how user information is collected, used and
disclosed by Partners Plus, please consult the Partners Plus
Privacy Commitment. The Website uses two types of "cookies":
a "session cookie" and a second which allows us to "set" a
cookie. A session cookie resides in memory and persists only as
long as the browser is open. This cookie holds only the
information that is uniquely generated when you log on to the
site and persists only as long as your browser is open. This
cookie makes your Partners Plus Cardholder Account information
available as you browse the Website. Upon your departure from
the Website and closure of your browser, the information in the
session cookie is removed from memory. The Website will also set
a cookie to remember your language preference so you don't have
to choose a language each time you visit the Website. In order
for the Website online Account Balance and Statements, Order
Cards and features to function, you must enable the session
cookies setting on your browser.
- Registration, Personal Identification
Numbers and Passwords. Certain Services and related
features, such as access to the Website, personalization, web
hosting, and webmail available over the Website may require
registration. You agree to provide accurate and current
information as required by the relevant registration process,
and to update the information as necessary in a timely way to
ensure that it is kept accurate and complete. You agree to be
responsible for:
- maintaining the confidentiality of any
personal identification numbers or passwords identifiers
which you choose or are assigned as a result of any
registration over the Website;
- all activities that occur under such
personal identification number or password; and,
- Notifying Partners PlusThe Loyalty
Group of any unauthorized use of your personal
identification number or password
Partners Plus Group
shall not be responsible or liable in any way for any loss or damage
arising from your failure to comply with this Section 3.
- Rules and Conduct. You agree not to
use the Website or services to:
- post, transmit, link to, or otherwise
distribute any information constituting or encouraging
conduct that would constitute a criminal offense or give
rise to civil liability, or otherwise use the Website or any
of the Services in a manner which is contrary to law or
would serve to restrict or inhibit any other user from using
or enjoying the Website, the Services or the Internet;
- defame, abuse, stalk, harass or
threaten any other person or violate the legal rights of any
other person, including rights relating to privacy and
publicity;
- post, transmit, link to, or otherwise
distribute any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material or
information;
- post, transmit, link to, or otherwise
distribute any information or software which contains a
virus, cancelbot, trojan horse, worm or other harmful or
disruptive component;
- upload, post, publish, transmit,
reproduce, link to or otherwise distribute in any way,
information, software or other material obtained through the
Website or the Services, or any derivative work thereof,
which is protected by copyright, or any other intellectual
property right, without obtaining permission of the
copyright owner or rightholder;
- impersonate or falsely represent your
association with any person; and
- use, reproduce, sell, resell or
otherwise exploit the Website or any of the Services for any
commercial purposes.
- Responsibility for Minors. You are
fully responsible for:
- the online conduct of an authorized
minor;
- controlling the authorized minor's
access to and use of the Website and any such Services; and
- the consequences of any misuse of the
Website and any such Services by the authorized minor.
You accept
responsibility to determine whether any of the Services and/or
Content are appropriate for an a uthorized minor and what access the
authorized minor will be allowed.
- Monitoring. You agree that Partners
Plus has the right to monitor the Website or any content,
products or services (collectively, "Content"), from time to
time and to disclose any information as necessary to satisfy any
law, regulation or other governmental request, to operate the
Website or any of the Services properly, or to protect itself or
its users in accordance with the Partners Plus Privacy
Commitment. Partners Plus reserves the right to refuse to post
or to remove any information or materials, in whole or in part,
that, in its sole discretion, are unacceptable, undesirable, or
in violation of the Terms and Conditions. By using the Website
or the Services, you may have access to Content that may be
offensive or objectionable to you. Under no circumstances shall
Partners Plus be responsible or liable, directly or indirectly,
for loss or damage of any kind as a result of any use of, or
access to, any such Content.
- Dealings with Third Parties. Your
correspondence or business dealings with any third parties,
including any Sponsors, Suppliers, merchants or advertisers,
found on, or through, the Website or any of the Services, are
solely between you and such third parties. Partners Plus is not
responsible for any charges you or any user of your account
incurs when conducting business in this manner. Further, you
accept responsibility for ensuring compliance with all
applicable laws in connection with any such transactions. You
agree that Partners Plus shall not be responsible or liable,
directly or indirectly, in any way for any loss or damage of any
kind incurred as a result of, or in connection with, any of such
dealings or transactions.
- Downloads and Shareware. The
Website allows you to search for software that may be available
for downloading by various third parties. Such software is
available to you by such third parties subject to the terms and
conditions made available to you during the software
installation process. You agree that it is your responsibility
to review and evaluate any such software and the related terms
and conditions, and that all risk associated with the use of, or
reliance on, such software rests with you. You further agree
that Partners Plus shall not be responsible or liable, directly
or indirectly, in any way for any loss or damage of any kind
incurred as a result of, or in connection with your use of, or
reliance on, any such software, including the failure of such
software to meet your needs, standards, expectations or desired
specifications.
- Third Party Content. The Website
search option offers access to numerous third party web pages
and content available over the Internet. Partners Plus generally
exercises no control over such third party content, web pages,
or sites. It is your responsibility to review and evaluate any
such content, and that any and all risk associated with the use
of, or reliance on, such content rests with you. You agree that
Partners Plus shall not be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind
incurred as a result of, or in connection with, any of such
dealings or transactions.
- Search Content. Any and all
pictures, sounds, sound effects, sound recordings, musical
works, performances, graphics, video, cinematic productions,
audio-visual works and any other works (the "Multimedia
Content") located through any Website search services are
protected by copyright and/or other intellectual property laws.
Partners Plus does not authorize you to reproduce, distribute,
publicly display, publicly perform, communicate or create
derivative works from any files containing such Multimedia
Content. Where search results link to sites outside the Website,
all of the Multimedia Content contained on such sites is owned
and served by entities other than Partners Plus.
- Professional Information. Certain
information provided by third parties related to various
professional fields such as, without limitation, medicine, law,
accounting and financial investments (the "Professional
Information") is provided for educational and entertainment
purposes only and should not be interpreted as a recommendation
for a specific treatment plan, product or course of action. You
agree that all risk associated with the use of, or reliance on,
any of the Professional Information rests with you. You agree
that Partners Plus shall not be responsible or liable, directly
or indirectly, in any way for any loss or damage of any kind
incurred as a result of, or in connection with, any of such
dealings or transactions.
- User Content. In respect of any and
all content which you elect to post on the Website which is
accessible by the general public, such as on the Collector's
Corner, you grant Partners Plus a world-wide, royalty-free,
nonexclusive, perpetual and unrestricted license to use, copy,
adapt, transmit, publicly display and perform, distribute and
create compilations and derivative works from such content for
the limited purposes of publishing such content and promoting
the Partners Plus Program. Such license shall apply with respect
to any form, media, or technology now known or later developed.
With respect to any and all content you elect to post or
transmit using the Services, you agree that Partners Plus may
preserve and disclose any content associated with your
Cardholder account where required to do so by law or where such
preservation or disclosure is reasonably believed by Partners
Plus to be necessary to ensure compliance with the law, enforce
the Terms and Conditions or protect the rights and interests of
Partners plus or any other person.
- Service Modifications. You
acknowledge and agree that Partners Plus may at any time modify
or discontinue the Website or any of the Services with or
without notice to you, and that Partners Plus will not be held
responsible or liable, directly or indirectly, to you or any
other person in any way for any loss or damage of any kind
incurred as a result of, or in connection with, any such
modifications or discontinuance.
- Termination. You acknowledge and
agree that Partners Plus, in its sole and absolute discretion,
may, without notice to you, suspend or terminate your use of, or
access to, the Website or any of the Services, and remove and
discard any information or content that you posted to or
transmitted using the Website or related to such Service. You
further agree that Partners Plus shall not be liable to you or
to any other person as a result of any such suspension or
termination. If you are dissatisfied with the Website, any of
the Services or with any terms, conditions, rules, policies,
guidelines, or practices of Paertners Plus in operating the
Website and the Services, your sole and exclusive remedy is to
discontinue using the Website and the Services.
- Disclaimer of Warranties. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE WEBSITE AND THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT
PARTNERS PLUS MAKES NO WARRANTIES, REPRESENTATIONS OR
CONDITIONS (as used in this section "WARRANTIES") OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH
WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; AND
- PARTNERS PLUS SPECIFICALLY MAKES NO
WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES,
INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES
OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR THE
SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE
RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS.
- Limitation of Liability. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL PARTNERS
PLUS, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR
LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES,
REGARDLESS OF WHETHER THE LOYALTY GROUP HAD BEEN ADVISED OF OR
COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT
OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR
PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY
UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR
TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE
OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE
FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR
FAILURE OF ESSENTIAL PURPOSE.
- Indemnity. You agree to defend,
indemnify and hold Partners Plus, its affiliates, Sponsors,
Suppliers and other partners, directors, officers, employees and
agents harmless from any and all liabilities, claims, costs and
expenses, including reasonable attorneys' fees, related to or in
connection with your, or any user of your account:
- violation of the Terms and Conditions;
- use of the Website or any of the
Services;
- placement, posting or transmission of
any message, information, software or other content on the
Website or through any of the Services.
- No License; Intellectual Property of
Partners Plus and Others. Except as expressly provided,
nothing herein or within the Website or any of the Services
shall be construed as conferring any license under any of the
intellectual property rights of Partners Plus or any third
party, whether by implication, waiver, estoppel, or otherwise.
Without limiting the generality of the foregoing, you
acknowledge and agree that certain content available through and
used to operate the Website and Services is protected by
copyright, trademark, patent, or other proprietary rights of
Partners Plus, its affiliates, licensors, and/or service
providers. You agree not to adapt, translate, modify, decompile,
disassemble, or reverse engineer any software, applications or
programs used in connection with the Website or the Services.
- Trademarks. The Partners Plus (word
mark), the Partners plus logo and related Loyalty Program
trademarks and logos are registered and unregistered trademarks
of Partners Plus International Trading B.V. used under license
by Partners Plus. All other product, brand, company names,
trademarks, logos or other intellectual property used or
displayed on the Website are the intellectual property of their
respective owners. Your use of any of the intellectual property
appearing on the Website is expressly prohibited without the
prior written consent of Partners Plus or owner of the
intellectual property, as appropriate.
- Ownership of Content. The Website
and all of its contents including, but not limited to, all text
and images ("Content") are owned and copyrighted by Partners
Plus or others with all rights reserved unless otherwise noted.
Your use, copying, republication or redistribution of such
Content, including by caching, framing or similar means is
expressly prohibited without the prior written consent of the
Content owner. Further, you agree not to modify, alter, or
deface any of the Content available through the Website nor use
any of the forgoing for any purpose other than the purpose for
which such Content is made available to users through the
Website.
- General. The Website originates in
Canada. The Terms and Conditions constitute the entire agreement
between Partners Plus and you pertaining to your use of the
Website and the Services and supercede any prior agreements
between you and Partners Plus. Failure of Partners Plus to
insist upon or enforce strict performance of any right or
provision of the Terms and Conditions shall not constitute or be
construed as a waiver of any right or provision. If any of the
provisions (or parts thereof) contained in the Terms and
Conditions are determined to be void, invalid or otherwise
unenforceable by a court of competent jurisdiction, such
determination shall not affect the remaining provisions (or
parts thereof) contained herein. The Terms and Conditions shall
be governed by and construed in accordance with the laws of the
Province of Ontario and the federal laws of Canada applicable
therein. The parties have required that the Terms and Conditions
and all documents relating thereto be drawn up in English.
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