1. The Low Carb Grocery Membership Rewards Program (the "Reward Program") is available through all The Low Carb Grocery retail locations and the official online store of The Low Carb Grocery at www.thelowcarbgrocery.com (the "Online Store").
|MEMBERSHIP REWARDS PROGRAM ENROLLMENT
2. To participate in the Reward Program, a customer must become a member of the Reward Program. Membership is free. To enroll in-person, simply provide the required information (First name, Last name, Email Address, Phone Number, and optionally - mailing address) to the store associate and the customer will be registered with the Reward Program. Once registered, a customer will be issued a Low Carb Grocery Membership Reward Card (the "Membership Reward Card") with his/her own unique membership number printed on the card. Each membership number is registered under the member's name. For online orders submitted on or after September 1, 2010, the customer placing the online order will be automatically registered with the Reward Program and a membership number assigned to the associated online account (the "Web Account"), if there has not been a membership number assigned to the Web Account at time of purchase. A Membership Reward Card will be sent along with the order to the shipping address specified following the registration, unless an alternate address is provided for mailing the Membership Reward Card. If a customer has already obtained a Low Carb Grocery Membership Reward Card via in-store registration, and would like to place a first web order with the Online Store and have the Membership Reward Number linked to the Web Account, the customer is required to provide the existing Membership Reward Number in the comments of the first web order.
3. Only ONE Membership Reward Card is available per customer and per Web Account.
4. The Membership Reward Card is not a credit card. The Membership Reward Card is the property of The Low Carb Grocery and it may be revoked at any time by The Low Carb Grocery.
5. Each Low Carb Grocery Membership Rewards Program Member (sometimes referred to as a "Program Member") is responsible for advising The Low Carb Grocery immediately of any changes of personal information including name, address, telephone numbers and e-mail address by visiting The Low Carb Grocery retail store(s) in person to update his/her profile. Changes can also be made by sending an email to The Low Carb Grocery specifying the changes to be made. The Low Carb Grocery reserves the right to cancel any Membership Reward Card for which it has incomplete or inaccurate personal information. Furthermore, all Reward Redemption on such accounts may be blocked, and all reward points accumulated on the account may be forfeited.
6. The Low Carb Grocery reserves the right to refuse issuance of a Membership Reward Card to any customer who intentionally provides false or fictitious personal information.
7. For in-store purchases, customers participating in the Reward Program must present their valid Membership Reward Card to collect points on eligible purchases. If the card is not present, customers may request the cashier to look up his/her Membership Reward Number by providing sufficient identification to prove his/her identity. Any unauthorized reproduction of the Membership Reward Card may lead to legal prosecution and forfeiture of all Reward Points and membership in the Reward Program.
8. The Reward Program Membership is only available to individuals who purchase for personal consumption. The Reward Program Membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual where merchandise purchased will be used for resale or commercial use, unless written approval is obtained in advance from The Low Carb Grocery. Reward Points will not be awarded if, in The Low Carb Grocery's reasonable opinion, the merchandise purchased will be used for resale or commercial use without prior explicit approval from The Low Carb Grocery, and any Reward Points awarded on such purchases will be forfeited.
|COLLECTION OF MEMBERSHIP REWARD POINTS
9. To collect Membership Reward Points following enrollment, a Program Member must make eligible purchase(s) at participating store(s) using their valid Membership Reward Card. The Membership Reward Card MUST BE presented to the cashier before the purchase transaction is completed. If the card is not present, the cashier may attempt to look up the Reward Membership number by verifying personal information with the customer. NO REWARD POINTS WILL BE AWARDED ONCE THE TRANSACTION IS COMPLETED. NO EXCEPTIONS. For online purchases, membership reward points will automatically be awarded to the Membership Reward Program number associated with the Web Account.
10. Membership Reward Points will be awarded at a rate of 10 Membership Reward Points (the "Award Rate") for each dollar spent on eligible items at participating stores, unless otherwise noted on the price tag for a specific item or in the detailed description page for an item in our online catalog. Membership Reward Points will be calculated by reference to the net (purchase price less discounts) pre-tax total of each eligible line item on the cash register receipt multiplied by 10 (unless otherwise stated for the item), rounded to the nearest integer. The total Membership Reward Points awarded on each transaction will be the summation of all rewarded points awarded for each eligible line item on the receipt. The Low Carb Grocery may offer special promotions from time to time offering additional Membership Reward Points on certain items ("Membership Reward Bonus Points"). Such Membership Reward Bonus Points, once awarded, shall form part of the Reward Member's Membership Reward Points balance. The Low Carb Grocery reserves the right to change the Award Rate at any time without prior notification.
11. Items which are not considered eligible purchases for the purpose of the Reward Program include the following items/services:
- Gift Cards
- Delivery Charges
- Packaging Charges, including thermal packaging
- Surcharges of any type
12. The Low Carb Grocery reserves the right, in its sole discretion, to add or delete items/services considered to be eligible purchases in the list defined in clause 11 above for the purpose of the Reward Program at any time.
13. The total cumulative number of Membership Reward Points (the "Membership Reward Points Balance") will be reflected on the cash register receipt upon presentation of the Membership Reward Card and before the completion of a purchase transaction. In the event that the Membership Reward Points Balance does not appear on the cash register receipt due to technical difficulty or otherwise, The Low Carb Grocery will use its best efforts to ensure that the number of Membership Reward Points is updated as soon as reasonably possible. A Reward Member may inquire about the number of available Membership Reward Points by contacting Customer Service. If the Reward Member has a Web Account created with www.thelowcarbgrocery.com, and has the Membership Reward Program Number linked to the Web Account, Membership Reward Points Balance can also be checked by visiting www.thelowcarbgrocery.com. The member will be required to log into their Web Account to view the balance. Please note that any Reward Points accumulation and redemption is not finalized until the purchase transaction is processed through The Low Carb Grocery's central Point of Sale System (the "Central POS System") and an official cash receipt being generated reflecting the Program Member's Reward Points Balance after the transaction. For online orders, this means the time when the online order enters the "Processing" status. The online Membership Reward Points Balance may not be up-to-date and it may take up to 48 hours for new balances to be posted to the website. The Low Carb Grocery will make every reasonable effort to maintain the accuracy and integrity of the Reward Points Balance as maintained in the Central POS System and in the Program Member's Web Account. Should there be any discrepancy between the Reward Points Balance shown in the Web Account and on the Central POS System, the balance as maintained in the Central POS System will be deemed as the final correct balance. The Low Carb Grocery reserves the right to update the Reward Points Balance of any Reward Program Member if, at its sole discretion, that an incorrect Reward Points Balance is accumulated for any Reward Program Member due to technical or human errors including but not limited to software defects, human input errors, and synchronization errors between the Central POS system and the Reward Points Balance as maintained in the Program Member's Web Account.
14. Returns and/or exchanges will be honoured according to the Low Carb Grocery's refund and exchange policy. The number of Membership Reward Points earned in connection with the original purchase will be deducted from the applicable Membership Reward Program Account at the time of refund/exchange. Upon the return and/or exchange of purchases earned through the redemption of Membership Reward Points, all redeemed Membership Reward Points will be forfeited and the Member will receive the full value of the returned product in the form of a Low Carb Grocery store credit.
15. Membership Reward Points are non-transferrable and non-assignable.
16. The Membership Reward Points Balance, as shown on the cash register receipts, will be deemed correct unless otherwise substantiated by the Member by bringing forward evidence satisfactory to The Low Carb Grocery in its sole discretion. Discrepancies must be addressed with Customer Service within 30 days of the date on which the discrepancy occurred.
17. The Low Carb Grocery reserves the right to make any manual adjustments to the Member's Membership Reward Points Balance, should The Low Carb Grocery identify and verify any errors introduced by human and/or computer during a transaction, which results in extra Membership Reward Points being awarded to the Member. In such event, the Member will be contacted by The Low Carb Grocery by phone or email and be notified of any such adjustments.
18. The Membership Reward Points are reduced to zero upon closure of a Low Carb Grocery Membership Reward Program membership.
19. Should any Member not acquire any Low Carb Grocery Membership Reward Points for 12 consecutive calendar months, the membership will be deemed to be inactive and all accumulated Low Carb Grocery Membership Reward Points will be forfeited. At that time the Membership Reward Points balance may be reduced to zero at The Low Carb Grocery's sole discretion.
|REDEMPTION OF POINTS
20. Low Carb Grocery Membership Reward Points may be redeemed for credit towards purchases at the participating stores in accordance with the following Low Carb Grocery Membership Reward Program redemption schedule:
|Points Required for Credit Redemption Value|
|LAST UPDATED: August 16, 2010 |
EFFECTIVE DATE: September 1, 2010
|Points Required ||Redemption Value|
From time to time, special promotions may be run during which one or more redemption level(s) may temporarily be altered and/or suspended, new redemption levels added or points may be redeemed directly towards the purchase of specific items. The Low Carb Grocery may, from time to time, offer supplementary programs or promotions related to the Low Carb Grocery Membership Reward Program ("Related Programs"). Such Related Programs may be governed by additional or distinct terms and conditions applicable therein, such terms to be made available at http://www.thelowcarbgrocery.com/rewards.
21. In accordance with Federal tax legislation, GST, HST and any other applicable taxes are calculated and payable by the Member on the full amount of the purchase price before any reduction for redeemed rewards.
22. The Member's Rewards Point balance will be reduced by the number of points required to obtain the desired point redemption level. Unredeemed Membership Reward Points plus any points earned in the current transaction will remain in the Member's Membership Reward Points account and can be applied to a subsequent transaction.
23. Membership Reward Points can only be redeemed if the required point redemption level is acquired prior to the redemption transaction. When redeeming Membership Reward Points, the Member may select any redemption levels eligible given the Member's Reward Point balance prior to the current transaction. There can only be one redemption per transaction, even if the Member has a remaining point balance after the redemption which is sufficient for other redemption level(s).
24. Membership Reward Points may not be redeemed towards the purchase of the following products/services: Shipping Charges, thermal packaging, gift cards and any other items specified as exclusions from time to time. The Low Carb Grocery reserves the right to add or delete products and services eligible for Membership Reward Points Redemption at any time, at its sole discretion, without prior notice.
25. Membership Reward Points may not be collected or redeemed by any person other than the registered Reward Program Member. When purchasing in-store, a Program Member MUST PRESENT the Membership Reward Card to make a redemption. Reward Program Members may be required to provide proof of identity when redeeming Membership Reward Points to protect the integrity of the Member's Reward Points Balance. Each Reward Program Member is responsible to ensure that all Personal Information is correct and up-to-date and The Low Carb Grocery reserves the right to refuse or block redemptions where the Member information is inaccurate or incomplete, or when the identity of a customer making a redemption request is in question.
26. The Low Carb Grocery is not responsible for any lost or unauthorized use of the Low Carb Grocery Membership Reward Card or for any unauthorized redemption of Membership Reward Points. In the event of a lost or stolen Membership Reward card, a new Membership Reward Number may be obtained by the participant by contacting The Low Carb Grocery in person, or by sending an email to The Low Carb Grocery. The accumulated Membership Rewards Point balance shall remain intact at the time of report. The Low Carb Grocery assumes no liability or responsibility for any Rewards Point redemption made by any person prior to notification to The Low Carb Grocery that the Membership Reward Card is lost or stolen.
27. The Membership Reward Points are not exchangeable for cash and cannot be sold or purchased.
28. From time to time, The Low Carb Grocery may advertise or offer exclusive offers to select Program Members with respect to which they may redeem Membership Reward Points for items other than a discount reward, or receive other benefits of discounts.
29. In accordance with Federal and Provincial taxation laws, Program Members must pay all applicable taxes. The Low Carb Grocery is not liable for any tax consequences which may flow from any participation in the Reward Program.
|PRIVACY OF INFORMATION
30. The Low Carb Grocery shall implement protective measures to maintain the privacy, security and integrity of all personal information collected under the Reward Program, in accordance with the statement in the "Privacy Notice" on our website at http://www.thelowcarbgrocery.com/catalog/privacy.php.
31. The Reward Program will terminate at 11:59p.m on December 31, 2015 (the "Termination Date").
32. The Program Members will have until March 31, 2016 to redeem Membership Reward Points for credits towards purchases at all participating stores of the Reward Program accumulated up to the Termination Date. The Membership Reward Points will expire at 23:59p.m on March 31, 2016 (the "Expiration Date") and will not be honoured after such expiration date.
33. For orders submitted through the Online Store on or around the Termination Date and Expiration Date, the local order submission time equivalence in Eastern Standard Time as captured by the computer server(s) of The Low Carb Grocery online order system will be used for the consideration of Reward Points accumulation and redemption eligibility.
34. The Low Carb Grocery reserves the right to extend the Reward Program beyond the Termination Date, or terminate the Program at any time prior to the Termination Date, by providing 30 days notice in the form of email / newsletter, and notices posted in participating stores. If events beyond the Low Carb Grocery's control materially affect Low Carb Grocery's ability to operate the Membership Reward Program, the Reward Program may be suspended or terminated without notice.
35. By using the Low Carb Grocery Membership Reward Card you agree to be bound by these terms and conditions and consent to the collection and use of personal information in accordance with The Low Carb Grocery's Privacy Notice. Any abuse by a Program Member of the Reward Program's privileges, any failure by a Program Member to follow the Reward Program's rules, regulations, terms and conditions, or any misrepresentation by a Program Member may, at The Low Carb Grocery's sole discretion, subject the Program Member to expulsion from The Reward Program, including forfeiture of all accumulated Membership Reward Points.
36. Upon suspension or termination of the Program for any reason whatsoever, The Low Carb Grocery will have no liability therefore to any Program Member and is automatically released from all claims by Program Members in respect of such suspension, termination, forfeiture of Membership Reward Points, redemption of Points or otherwise in respect of such suspension or termination.
37. Every effort has been made to ensure that the information herein is correct. The Low Carb Grocery is not responsible for any errors or omissions.
38. By redeeming Membership Reward Points for rewards, the Program Member releases The Low Carb Grocery from any and all liability and claims regarding the redemption and use of the reward and any loss or damage caused by goods and/or services supplied as a reward.
39. Any waiver by The Low Carb Grocery of the strict observance, performance or compliance by a Program 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 The Low Carb Grocery as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by The Low Carb Grocery in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
40. Any reference herein to The Low Carb Grocery refers to 2075894 Ontario Inc.