As of September 15, 2011
These Terms and Conditions, as amended from time to time, govern the MarketPlace IGA Community Card program (the "Program") and your participation in the Program. The Program is available through participating IGA and MarketPlace IGA stores in British Columbia, Canada.
Throughout these terms and conditions, the term "Member" refers to a MarketPlace IGA Community Card member who is a customer of MarketPlace IGA and who has registered as a member.
By signing the MarketPlace IGA Community Card Application Form or by using your MarketPlace IGA Community Card, you are agreeing to these Terms and Conditions as amended from time to time.
MarketPlace IGA may amend, delete or replace any aspect of the Program or these Terms and Conditions at any time. Such changes will be posted on the MarketPlace IGA website under the heading "TERMS AND CONDITIONS" and copies of these Terms and Conditions as amended will also be available upon request at participating stores. Use of the MarketPlace IGA Community Card by a Member after changes to the Program or these Terms and Conditions have been posted, constitutes acceptance by the Member of all such changes. It is the responsibility of the Member to check the Terms and Conditions periodically to determine whether any changes have been made.
The MarketPlace IGA Community Card is not a credit card. The MarketPlace IGA Community Card is the property of MarketPlace IGA and it may be revoked at any time by MarketPlace IGA in its sole discretion.
To participate in the Program a customer must become a Member. Membership is absolutely free and no initial purchase is required. Simply fill out a MarketPlace IGA Community Card Program Application Form accurately, completely and legibly at any participating IGA or MarketPlace IGA store. Upon completion, the Member will receive his/her own MarketPlace IGA Community Card, key fobs and stickers, as applicable.
Only one MarketPlace IGA Community Card membership is available per Member. Members must be 19 years of age or older.
Members bearing the same last name, same address and same phone number will be considered to be one Member for all purposes of the Program. Spouses who do not share the same last name will be considered as one Member provided separate cards have not been issued for each spouse or provided one spouse surrenders his/her Card. Where spouses with different last names wish to have individual memberships, each spouse is required to either register with a different phone number or each spouse must use only his/her own Card, key fob or stickers unique to their own membership whenever required during a transaction or redemption. Program benefits are not divisible in the case of divorce.
Each MarketPlace IGA Community Card member will be issued a MarketPlace IGA Community Card that has a unique number ascribed to it and registered in the Member’s name.
Program rewards and benefits are not transferable from one Member to another. Upon the death of a Member, the Member’s membership will cease and any benefits accrued and not yet redeemed will be forfeited.
MarketPlace IGA reserves the right in its sole discretion to refuse issuance of a MarketPlace IGA Community Card to any customer for any reason, including without limit, where the prescribed enrollment procedures are not complied with.
Membership is available to any customer of IGA or MarketPlace IGA, provided however that MarketPlace IGA reserves the right to limit or restrict eligibility or participation in or to certain rewards, benefits, contests or promotions to individuals, and may exclude corporations, partnerships or any other non-individual entity from same.
Employees of IGA and MarketPlace IGA stores, H.Y. Louie Co. Limited and their agents, representatives and contracted partners or service providers may become a Member but may not be eligible to participate in all Program rewards, benefits, contests or promotions. MarketPlace IGA will state when and which employee groups are not eligible to participate.
USING YOUR MARKETPLACE IGA COMMUNITY CARD
Customers participating in the Program must present their valid MarketPlace IGA Community Card to accrue benefits and earn rewards. MarketPlace IGA may at its sole discretion accept telephone numbers at point of sale rather than presentation of the MarketPlace IGA Community Card to accrue benefits and earn rewards. Any unauthorized reproduction of the MarketPlace IGA Community Card may lead to legal prosecution and forfeiture of all MarketPlace IGA Community Card accrued benefits and membership in the Program.
To receive rewards or benefits or to participate in contests or promotions, Members may be required to make purchases at participating stores using their valid MarketPlace IGA Community Card. The Member’s MarketPlace IGA Community Card must be presented to the cashier at a participating store before the purchase transaction is completed.
Where MarketPlace IGA Community Card Program rewards, benefits, contests or promotions require purchases, the following items/services are excluded as a qualifying purchase: gift cards, stamps, cigarettes and tobacco, lottery tickets, delivery charges (where applicable), bill payments (where accepted), bottle deposits/returns (where accepted), bus passes, the MarketPlace IGA Community Card redemption portion of a transaction, and any other items or services excluded by MarketPlace IGA from time to time in its sole discretion. MarketPlace IGA reserves the right to add or delete items/services, which constitute qualifying purchases at any time without notice.
Should any Member not use their MarketPlace IGA Community Card for 12 consecutive calendar months, the membership will be deemed to be inactive and all benefits accrued and not yet redeemed will be forfeited.
In case of a lost MarketPlace IGA Community Card, a new card will be issued provided the Member completes a MarketPlace IGA Community Card Application Form and clearly designates the Card is a replacement card by checking the appropriate box. The Member is responsible for completing the form correctly and any failure to do so may result in the Member losing any benefits to which they may otherwise have been entitled. MarketPlace IGA assumes and accepts no liability or responsibility for MarketPlace IGA Community Card benefits redeemed by any person(s) prior to the completion and processing of the Member’s application for a replacement card.
REDEMPTION OF REWARDS
Program benefits can only be redeemed if the required redemption level is acquired prior to the redemption transaction.
Members wishing to redeem any benefit or promotion offered by the Program must personally present his/her MarketPlace IGA Community Card, key fob or sticker to the store where the benefit or promotion is being redeemed.
MarketPlace IGA will not be liable or responsible in any manner for any tax consequences which may flow from any participation in the MarketPlace IGA Community Card Program.
Program benefits have no cash value and are not exchangeable for cash. Program benefits cannot be sold or purchased. Program benefits are void if sold for cash or any other consideration.
MarketPlace IGA may substitute benefits or rewards offered from time to time under the Program with other benefits or rewards of comparable kind or quality as determined by MarketPlace IGA in its sole discretion.
PRIVACY OF INFORMATION
MarketPlace IGA shall work at all times to strictly maintain the privacy, security and integrity of all personal information collected from Members, which may include: name, address, telephone numbers, email, date of birth, age and purchasing information. This information will be used for the purposes set out in the MarketPlace IGA Community Card Application Form, which includes operating and maintaining the Program, understanding customer shopping preferences, providing Members with rewards and information about the Program and upcoming promotions and special offers and such other purposes which Members may consent to from time to time or which are otherwise permitted or required by law ("Purposes").
On occasion MarketPlace IGA may collect additional personal information from Members on a strictly voluntary basis through questionnaires or other methods. The MarketPlace IGA Community Card membership status of any Member who does not wish to participate will not be affected.
MarketPlace IGA will not rent or sell its Member lists or any personal information of its Members to any organization or individual. MarketPlace IGA will not disclose any personal information of its Members to any third parties, other than to contracted partners and service providers for the Program in order to fulfill the Purposes and to assist in the administration of the Program and who are under an obligation to strictly maintain the confidentiality of any personal information provided to them.
Members have the right to know what information is held in their Member file and the right to request correction of any erroneous information. MarketPlace IGA reserves the right to charge a nominal fee to a Member who requests access to his/her file to assist with administrative costs. To access a Member’s file, a written request should be sent to: MarketPlace IGA Community Card Program, 2821 Production Way, Burnaby, BC V5A 3G7, Attention: Privacy Officer. All written requests will be responded to within a reasonable time frame. If for any reason access is not granted as requested, the Member will be provided with a written reason. MarketPlace IGA will make all necessary and reasonable corrections to its Member files with due diligence.
Members should advise MarketPlace IGA immediately of any changes of personal information including name, address, telephone number and e-mail either by going to our web site marketplaceiga.com and clicking on the community card page and then look for the update section or by completing a MarketPlace IGA Community Card Application Form and checking off the box marked Information Change.
Member information is stored in MarketPlace IGA’s confidential databases located in Burnaby, British Columbia. Access to this information will be restricted only to authorized personnel of MarketPlace IGA and where necessary, to fulfill the Purposes and to assist in the administration of the Program, to contracted partners and to service providers for the Program who are under an obligation to strictly maintain the confidentiality of any personal information they have access to.
On occasion, MarketPlace IGA may communicate special offers, promotions, information and services to Members. Any Member who does not wish to receive such communications may indicate so on his/her Application form in the designated area.
By using your MarketPlace IGA Community Card, you are expressly consenting to the collection, use and disclosure of your personal information as set out in these Terms and Conditions.
The MarketPlace IGA Community Card Program may be suspended or terminated at any time, without notice, by MarketPlace IGA in its sole discretion.
In the event of: any abuse by a Member of the Program or any of its benefits, rights or privileges; any failure by a Member to follow the Program’s rules or these Terms and Conditions; or any misrepresentation to MarketPlace IGA by a Member in its application or otherwise; MarketPlace IGA may, in its sole discretion, immediately and without notice revoke the Member’s membership in the Program, upon which any and all accumulated rewards or benefits will be forfeited.
MarketPlace IGA is not responsible for any errors or omissions, which may be contained in these Terms and Conditions or in any documents or information otherwise maintained by MarketPlace IGA or provided to any of its Members from time to time.
Any waiver by MarketPlace IGA of the strict observance or performance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of MarketPlace IGA of any further or other failure to observe or perform any of the Terms and Conditions. No delay or omission by MarketPlace IGA in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy available to MarketPlace IGA.
By using the MarketPlace IGA Community Card, the Member releases and saves harmless MarketPlace IGA from and against any and all liability, damages, actions, demands, proceedings, claims, losses, expenses, fees and costs (collectively the "Claims") which it may or does incur or suffer, directly or indirectly, in connection with the Program and any rewards, benefits, promotions or contests offered under the Program, regardless of whether the Claims were caused or contributed to by the negligence or breach of contract of MarketPlace IGA or on the basis of any other cause of action.
The invalidity or unenforceability of any of these Terms and Conditions shall not affect the validity or enforceability of any of the other Terms and Conditions and such invalid or unenforceable provision shall be deemed to be severable.
The laws governing the Program and these Terms and Conditions are exclusively the laws of British Columbia and to the extent applicable, the laws of Canada. You irrevocably submit to the exclusive jurisdiction of the courts of British Columbia for the determination of any matters concerning the Program or these Terms and Conditions.
Any reference herein to IGA or MarketPlace IGA refers to IGA or MarketPlace IGA stores owners in British Columbia, H.Y. Louie Co. Limited and to their respective officers, directors, employees, agents, representatives, successors and assigns, as the context requires.