Terms of Service

Effective date: December 1, 2021

The Terms.

The terms below (the “Terms”) govern your access to the website provided by Pointricity Inc. (“us” or “we”) at www.pointricity.com (the “Site”) as well as your use of our Pointricity points accumulation and redemption service (the “Service”) if you enroll for the Service. Please read these Terms and familiarize yourself with them. By accessing our Site and using the Service, you agree to these Terms. If you do not agree to these Terms, then you may not use our Service or access our Site.

Will the Terms or the Service change?

From time to time, we may need to update these Terms, the features of the Service, the vendor partners we work with that offer points through the Service (collectively “Partners”), or the products/services available for redemption of your points (collectively, “Redemption Products”).  We cannot guarantee that the features of the Service will always be made available or in the same form, no matter how much you may love them. Nor can we guarantee that we will have the same Partners or Redemption Products.

It is our policy to post any changes we make to the Service or the Terms on this page with a notice that the Terms have been updated on the Site home page. If we make material changes, we will notify you by email to the email address specified in your account and through a notice on the Site home page.

We include the date the Terms were last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Site and these Terms to check for any changes.

If you do not agree to the changes, then you must stop accessing the Site and using the Service.  Your continued use of the Site and the Service means you agree to the changes.

What I can and can’t do with the Service.

The Service is provided to you for your own personal use.  It allows you to accumulate points based on your interactions with Partners who create the promotions. We grant you a limited non-exclusive, non-transferable, revocable license to use the Service in order to accumulate points with our Partners and redeem them for Redemption Products and for no other purpose.

You may not copy, remove any proprietary marks, re-sell, decompile, reverse engineer, disassemble, modify, create derivative works, or stream the Service or the Site and neither the Service nor the Site may be used in any manner contrary to applicable law.  You may not use the Service or the Site in a manner that negatively affects our networks or those of our third-party providers. You acknowledge and agree that we have the right to terminate your use of the Service in event that you use the Service in a manner contrary to these Terms.

We do not manufacture or sell Redemption Products. We are merely fulfilling the redemption of your points for Redemption Products. Nor do we provide or endorse any of the products or services of our Partners.

Our Service is only available for use on computer and mobile browsers as a web app (the “Supported Operating Systems”). The Service may not be available on all versions of the Supported Operating Systems and we bear no responsibility for your inability to access to use all or any part of the Service as a result of an unsupported version of the Supported Operating Systems.

You agree that neither Apple Inc., Google, Inc., nor Microsoft Corporation are parties to these Terms nor providers of the Services nor are they responsible for any support of the Service. Your use of the Service is also subject to the Apple Inc.’s, Google, Inc.’s and Microsoft Corporation’s respective terms and conditions depending on the Supported Operating System you are using to access the Service, such terms and conditions being incorporated herein by reference.

How do I redeem my points with the Service?

In order to redeem your points for Redemption Products, you can select items in your cart and pay with points or a credit card. If your points are not sufficient to redeem for your Redemption Products, you will have the option to “top up” your points with a purchase of points in which case, you will need to provide certain information such as your credit card information.  All payments for points will be processed by our chosen third-party payment processor(s). You agree that all information that you provide in connection with your redemption will be accurate, current, and complete and that we are entitled to rely upon the actions and instructions from the usage of your account whether they were authorized by you or not. You agree to pay all charges incurred by you or any users of your account and credit card. Redemptions and point purchases are final and non-refundable. If there is an issue with your credit card, the redemption or point purchase will be canceled and any points used in such transaction will remain in your account.

You acknowledge and agree that when you make a redemption, you are receiving third-party products and services that we do not provide.  We are not responsible for those products and services nor any failure in providing those products and services once redemption is made. We set the redemption value of the Redemption Products and may change such values from time to time. To be clear, we do not handle any of your financial information – only the payment processor will have access to that information.

You may only use your points for personal purposes and not for any business, commercial or other use. Your points have no cash or monetary value.  You may not transfer, exchange or otherwise dispose of your points except in accordance with our Service. We reserve the right to suspend or terminate your account or cancel your points and outstanding redemptions at our sole discretion if we suspect or detect any fraudulent activity, including but not limited to multiple uses of the same point collection or promo code. We also reserve the right to cancel or reverse your transactions in the event of fraud or any chargebacks.

We are not responsible for any delays in the fulfillment of the redemption of your points that are outside of our control. We assume no responsibility for any loss, damage, defect, injury, death, or expense relating to any Redemption Product.

Who provides the information and content for the Service?

The content of the Site (“Content”) is either created by us, our service providers, or our Partners. For any Content that we have not created, we are not responsible for the accuracy, errors, or omissions of such Content or if any such Content is offensive or violates applicable law. In particular, Content relating to Redemption Products is provided by the providers of such products and services so we can’t attest to its accuracy or reliability.

In addition, the Service may contain links to other sites or applications operated by third parties (“Third Party Sites”).  Those links are provided for reference only.  We have no control over the content, access, or performance of those sites or applications. You are solely responsible for any information or content you transmit to any Third Party Sites.

We do not endorse or accept liability for any Content that we have not created or Third Party Sites.

Content and Third Party Sites may be subject to terms of use and privacy policies set out by the applicable third-party provider of such Content and/or Third Party Site.  You should review such terms and policies prior to accessing any such Content and/or Third Party Site.

Who owns the Service and its content?

The Service, the Site, and all intellectual property in them are the sole property of Pointricity Inc. Any Content is the sole property of the Content provider or its affiliates or licensors.

Any trademarks, logos, or trade names (collectively, “Marks”) displayed on the Service and in any Content are the sole property of the Mark owner.

By virtue of your access to the Site or use of the Service, you do not gain any ownership rights in the Service, Content, or Marks.

How will my information be used?

We take your privacy seriously.  We will collect, use and disclose your data only in accordance with our Privacy Policy.

When do these Terms end?

Except for a few sections mentioned below, these Terms will stop applying to you: (1) if you stop using the Service and the Site, or (2) if we terminate your access to the Service.

We may terminate your access to the Service if you violate these Terms.

All provisions in these Terms about ownership and the “Other Legal Matters” section below survive any termination of the Terms.

Upon termination of your use of the Service for any reason, your accumulated points will expire and will not be available for redemption even if you set up another account with us.

Your use of the Site

This Site and the Services are intended for Canadian residents who are over 13 years of age only. By accessing the Site and using the Services, you represent that you are at least 13 years of age and you agree to use the information on the Site in accordance with these Terms and any applicable laws.

You must not:

• copy, distribute, or disclose any part of the Site in any format, including without limitation by any automated or non-automated “scraping”
• use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
• attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site
• collect or harvest any personally identifiable information from the Site
• post or submit any inaccurate, incomplete, or false biographical information, impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity
• interfere with the proper working of the Site
• access any content on the Service through any technology or means other than those provided through or authorized by the Site
• bypass the measures we may use to prevent or restrict access to the Site, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or its content
• modify, reverse engineer or decompile any parts of the Site
• frame or link to any information or content on the Site
• rent, lease, lend, sell, redistribute, license or sublicense the Site or access to any portion of the Site;
• cause any third party to engage in these restricted activities

While using the Site, you agree not to: (i) interfere with other users’ use of the Site; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) impersonate or misrepresent your affiliation with any person or entity; (v) post or transmit any content which may injure, disparage or constitute defamation or libel of any third party; or (vi) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.

We reserve the right to take any steps we deem necessary to prevent or restrain any unauthorized or prohibited access or use of the Site, including without limitation, taking legal action, or suspending or terminating your access without notice.

What happens if I have an issue?

If you have any comments, questions or concerns, please contact us at: info@pointricity.com.

Other Legal Matters.

These Terms are governed by the laws of Ontario and the applicable federal laws of Canada (except for Quebec residents in which case Quebec law governs). To the fullest extent permitted by applicable law, if there is any dispute between us under these Terms, we both agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules.  We both agree that the ADR Chambers Expedited Arbitration Rules give us both a fair opportunity to present our respective cases and respond to the case of the other side. The arbitration shall be held in the City of Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario) and the ADR Chambers Expedited Arbitration Rules. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be an In Writing Only arbitration and shall be conducted in English. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the courts of the Province of Ontario.

To the fullest extent allowed by applicable law, in no event shall we be liable for: (1) any indirect, special, consequential damages, even if advised of the possibility of such damages; (2) any damages, liability or losses relating to your inability to access the Service or any inaccuracy in the Content or your use of the Redemption Products; and (3) any damages in excess of $1,000 in the aggregate.

To the fullest extent permitted by law, the Service and the Services are provided “as is” and “as available” without any representations, guarantees, warranties, and conditions of any kind, whether express or implied, including, but not limited to, all conditions or warranties of accuracy, availability, merchantability or fitness for any particular purpose and non-infringement. We make no representations and do not warrant to you that the Service is secure and free from any viruses, defects, or errors. We do not guarantee that the Service will work on any particular mobile device.

You agree to defend, indemnify and hold us and all of its affiliates, officers, directors, employees, agents, and Content providers harmless from and against any and all claims, demands, actions, suits, proceedings, liabilities, judgments, damages, costs, and expenses (including reasonable legal fees) arising out of, or resulting from, or otherwise connected to your use of the Service and your violation of these Terms.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.