As of September 15, 2011
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.
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.
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.
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
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.
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.
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.
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.
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
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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
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").
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.
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.
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.
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.
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.
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.
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.
MarketPlace IGA Community Card Program may be suspended or terminated
at any time, without notice, by MarketPlace IGA in its sole discretion.
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.
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.
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.
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.
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.
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.
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.