Points User Agreement

THE LOYALTY WALLET SERVICES (THE "SERVICES") PROVIDED TO YOU ARE OPERATED BY POINTS.COM INC. POINTS.COM INC. IS AN ONTARIO CORPORATION, WITH ITS PRINCIPAL PLACE OF BUSINESS AT 111 RICHMOND STREET WEST, SUITE 700, TORONTO, ONTARIO, M5H 2G4. WHEN USED HEREIN THE TERMS “POINTS.COM”, "WE", "US", AND "OUR" REFER TO POINTS.COM INC.

THE SERVICES ARE PROVIDED TO YOU AS PART OF OUR RELATIONSHIPS WITH HOME CHEF (“HOME CHEF”), AN ILLINOIS CORPORATION WITH ITS PRINCIPAL PLACE OF BUSINESS AT 600 WEST CHICAGO AVENUE, CHICAGO ILLINOIS 60654, AND WITH CERTAIN LOYALTY REWARDS PROGRAMS WHO HAVE AGREED TO PARTICIPATE [IN THIS OFFER FOR REWARDS BONUS POINTS]. CERTAIN OF YOUR PERSONAL AND TRANSACTIONAL INFORMATION MAY BE SHARED WITH HOME CHEF AND SUCH LOYALTY REWARDS PROGRAMS BY US, ALL AS MORE PARTICULARLY DESCRIBED IN THE POINTS.COM PRIVACY POLICY.

THE FOLLOWING TERMS AND CONDITIONS TOGETHER WITH THE POINTS.COM PRIVACY POLICY GOVERN YOUR USAGE OF THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS YOU MAY NOT USE THE SITE.

WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, ALTER, OR UPDATE THESE TERMS AND CONDITIONS OF USE. WE WILL NOTIFY YOU OF SUCH CHANGES BY E-MAIL AT THE ADDRESS YOU HAVE REGISTERED WITH US. YOUR CONTINUED USAGE OF THE SERVICES FOLLOWING SUCH NOTIFICATION SHALL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES YOU MUST IMMEDIATELY CEASE USING THE SERVICES.

Use of Services Generally

  1. You may use the Services for personal purpose only and not for any business, commercial or other use.
  2. You are responsible for keeping your user ID and password confidential.
  3. We are entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization.
  4. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  5. The use of robots, spiders, scripts or other automated agents or programs in connection with the Services is strictly prohibited.

Earning Rewards Bonus Points

The Services allow you to earn Rewards points for eligible purchases made on HomeChef.com ("Rewards Bonus Points"). In order for us to deposit your Reward Bonus Points post-purchase, we may request certain information from you from time to time. This information enables us to securely deposit Reward Bonus Points to your Rewards account for points earned on each eligible HomeChef.com purchase.

Although Points.com makes reasonable efforts to ensure that the Rewards Bonus Points deposited to your Rewards account are accurate, Points.com cannot ensure that this will always be the case and hereby disclaims any responsibility for the accuracy of such deposits.

Rewards Bonus Points

  1. You must opt in for this offer to earn Rewards Bonus Points, in accordance with our instructions associated with the offer, before you make your purchase to receive your Rewards Bonus Points.
  2. HomeChef shall determine the products that are eligible to receive Rewards Bonus Points and, depending on the participating loyalty rewards program you have chosen to receive your reward, shall determine the amount of Rewards Bonus Points you can earn for eligible purchases at HomeChef.com Neither the loyalty rewards program, who issue the Rewards Bonus Points, nor POINTS.COM, is responsible for the terms and conditions that apply to your purchase at HomeChef.com
  3. In-store purchases and purchases of products through other retailers are not eligible for Rewards Bonus Points.
  4. Credits and adjustments for returns of purchases will reduce or cancel the Rewards Bonus Points, by the amount of points originally awarded on such returned purchases.
  5. Please allow up to 8 weeks after the date of purchase for the Rewards Bonus Points to appear in your Rewards account. This offer may not be combined or used in conjunction with any other offer, unless otherwise stated.
  6. This offer may be canceled, modified or withdrawn at any time, even after acceptance by you. Use of your Rewards Bonus Points is governed by the loyalty rewards program in which you choose to earn your Rewards Bonus Program. For more details on any loyalty rewards program, please visit such loyalty rewards program’s website.

Loyalty Currency Transactions

The following terms and conditions apply to all transactions you conduct through the Services:

  1. WE RESERVE THE RIGHT TO REVIEW, CANCEL AND REVERSE ANY TRANSACTION IN THE EVENT OF FRAUD OR AN ERROR OR MISTAKE MADE BY US, INCLUDING ERRORS IN ANY LOYALTY POINT CONVERSION, REDEMPTION OR SWAP RATE. YOU HEREBY CONSENT TO THE REMOVAL OF LOYALTY POINTS FROM YOUR LOYALTY REWARDS PROGRAM ACCOUNTS AS REQUIRED BY US TO REVERSE A CANCELLED TRANSACTION.
  2. You agree to comply with the terms, conditions and rules of the loyalty rewards programs involved in your transaction.

Misprints and Errors

We endeavor to provide current and accurate information through the Services regarding the offers and transactions available to you. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.

All materials and content included as part and parcel of the Services (collectively the "Content"), including, without limitation, text, data, information, images, illustrations, audio clips, video clips, special games, surveys and special promotions, are protected by intellectual property rights owned and controlled by us and/or our suppliers or partners. None of the Content may be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior written consent or except as specifically permitted through the Services. Use of the Content for any purpose other than your own personal and non-commercial use is prohibited and is a violation of copyrights and other intellectual property rights.

The trademarks, logos and service marks that you see when accessing the Services are owned and controlled by us and/or our suppliers or partners. Nothing herein grants you any license or right to use any such marks or logos. Your misuse of any such marks or logos is strictly prohibited and is a violation of copyrights and other intellectual property rights.

Linked Sites

SOME LINKS ACCESSIBLE THROUGH THE SERVICES REFER YOU TO THIRD PARTY SITES NOT UNDER THE OPERATION OR CONTROL OF POINTS.COM. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH SITES AND WE PROVIDE THESE LINKS TO YOU ONLY FOR CONVENIENCE. THE INCLUSION OF ANY LINK TO THESE SITES DOES NOT IMPLY ENDORSEMENT BY POINTS OF THE LINKED SITE.

Termination

  1. We may terminate your right to use of the Services immediately, without notice to you, if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal or other unauthorized activity.
  2. We may also close and terminate your account due to inactivity.

Governing Law and Disputes

This Agreement and your use of the Services are governed exclusively by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and us shall be determined by final and binding arbitration, with no right of appeal, even on questions of law. Such arbitration will be conducted in Toronto, Ontario, Canada in the English language pursuant to the National Arbitration Rules of the ADR Institute of Canada. 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.

Disclaimer

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

OUR, OUR AFFILIATES’, AND OUR PARTNERS’ AND SUPPLIERS’ (INCLUDING HOME CHEF AND ANY PARTICIPATING LOYALTY REWARDS PROGRAM), AND EACH SUCH ENTITY’S RESPECTIVE OFFICERS’, DIRECTORS’, EMPLOYEES’ AND AGENTS’, ENTIRE LIABILITY, REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM. IN NO EVENT SHALL ANY OF THE FOREGOING PERSONS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED IN ANY CONNECTION WITH THE SERVICES OR YOUR USE THEREOF HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold us, our affiliates, and our partners and suppliers (including HomeChef and any participating loyalty rewards program), and each such entity's respective officers, directors, employees, and agents) harmless from any claim or demand made against any of them by any third party due to or arising out of your use of the Services, breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party, including intellectual property rights.

Entire Agreement, Waiver and Severability

This Agreement, together with any applicable transaction request and confirmation, constitute the entire agreement between you and us with respect to your use of the Services and the processing of any transactions thereon and supersede all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. No modification, amendment or waiver of this Agreement shall be effective or binding unless made in writing and signed by us. If any of the provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

Force Majeure

We shall have no liability for delays or failure in performance caused by any act of God, war, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our control.

Use of the Term "Partner"

The use of terms "partner" or “partnership” herein and in any other materials is not intended to indicate that Points.com is in a legal partnership with any third party so described. Rather, the term is used in a marketing sense to show participation by the "partners" in Points.com products and services.

This User Agreement was last updated on May, 2019