Terms Of Use — Amino Rewards Shop

Amino Rewards Merchandise Purchase Agreement (the “Agreement”)

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE Amino REWARDS WEBSITE

• Your Acceptance of this Agreement
• Definitions
• Applicable Law
• Merchandise Responsibility
• Limitation of Liability
• Eligibility
• Site Ownership and Trademarks
• Use of the Site
• Your Responsibilities
• Earning Amino Points
• Merchandise Prices and Value of Amino Points
• Pricing
• Safe Shopping
• Redemptions, Content, Merchandise Availability and Delivery, Merchandise Returns, Returns on Defective Items and Incorrect Shipments, Returns for Items Damaged During Shipping, Shopping Cart
• Taxes
• Payment for Purchases of Merchandise
• Changes and Termination
• Acceptable Use Policy for your Ratings, Product Reviews, Comments and Communications
• Feedback
• Privacy and Communication Policy
• Miscellaneous

YOUR ACCEPTANCE OF THIS AGREEMENT

By using this Amino Rewards site (the “Site”) to buy goods and/or services of any kind or gift certificates, including without limitation gift cards redeemable for Merchandise, that are available for purchase through the Site (the “Merchandise”), you agree to all of the terms and conditions in this Agreement and to the terms and conditions of this Site’s Privacy Policy which forms a part of this Agreement. You agree to carefully review this Agreement each time you use the Site and/or make purchases of Merchandise through the Site.

You further agree to use this Site and the Rewards Program to make legitimate purchases of Merchandise for personal, non-commercial purposes only, and not for any business or commercial purposes whatsoever. You also agree not to use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases of Merchandise in anticipation of demand. All actual or potential fraudulent purchases will be investigated and prosecuted.

You acknowledge having had the opportunity to review the terms and conditions that apply to the Merchandise (the “Merchandise Terms”) as provided by each Merchandise supplier or its agent (each a “Supplier”) and you also agree to the Merchandise Terms.
The Site, this Agreement and the Rewards Program are entirely the responsibility of, and are administered and managed, by Amino. (“Amino”)

Amino Rewards Inc. (“Amino”) and its affiliates (collectively, “Amino”) are not responsible whatsoever for this Site, this Agreement, or the Rewards Program, including any purchase of Merchandise made by the redemption of Amino Points.

DEFINITIONS

Definitions used in this Agreement are as set out throughout this Agreement, as well as below:

• “Account” means an Amino Rewards account that is opened by an individual and that may be accessed by a mobile wallet, mobile app or website.
• “Agreement” means this Agreement as described in these terms and conditions and any amendments to it.
• “Rewards Program” means the program that is associated with the Amino Rewards Program and that allows Cardholders to earn Amino Points on and redeem Amino Points for purchases of Merchandise made through the Site in accordance with the terms and conditions of this Agreement.
• “Amino Points” means the Amino Points/ Amino Rewards Points Token credited to the Amino Points Account associated with the individual’s Account.
• “Amino Rewards Account” means the account used to credit and debit Amino Points earned or redeemed in connection with the Rewards Program.

APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the applicable laws of Canada.

MERCHANDISE RESPONSIBILITY

All Merchandise is covered by the individual manufacturer’s warranty. Amino does not make any guarantees, warranties or representations of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or otherwise, with respect to any Merchandise.

Amino is not responsible for any claims against third parties arising from the Rewards Program, or for any defect in any Merchandise. Without limiting the generality of the foregoing, Amino is not responsible for any incidental, special, punitive or consequential damages whatsoever with respect to the Merchandise.

Suppliers are committed to providing quality service; however, Amino will not have any responsibility for non-delivery of Merchandise by a Supplier. While every reasonable effort will be made to satisfy you with an equivalent replacement or a credit adjustment of Amino Points, Amino will not assume any responsibility for costs related to the failure of a Supplier to deliver any Merchandise.

Every effort has been made to ensure that the information contained in the Catalog is correct, however, neither Amino nor Amino are responsible for any errors or omissions in the Catalog. Amino and Amino reserve the right to correct any errors and to refuse redemptions of Amino Points where incorrect information has been included in the Catalog.

LIMITATION OF LIABILITY

Amino will not have any responsibility for, and will not be liable for, any loss or damage (financial, property or otherwise), personal injury, accident, delay, inconvenience, or irregularity which you or others may suffer with respect to the Site, this Agreement, the Rewards Program, the Catalog, any Supplier or Amino Points, by reason of any act, default, non-performance, or wrongful, careless, negligent, or unauthorized act or omission of Amino, any Supplier, their respective employees, or any other third party.

You release Amino from all claims in respect of any loss or damage suffered by you or others that is caused by:

• any errors or omissions in the Catalog or other sources used for the Site;
• any actions or omissions of Amino or any Supplier;
• your redemption of your Amino Points through the Rewards Program or otherwise;
• any problem with your Merchandise or with using your Merchandise;
• loss or theft of your Merchandise;
• failure to receive your Merchandise;
• downgrades or substitutions of your Merchandise;
• suspension or termination of the Rewards Program and/or this Agreement;
• suspension or termination of your participation in the Rewards Program, the closing of your Account or your Amino Points Account, or the cancellation or invalidation of all or any part of your Amino Points.

Without limiting the generality of the foregoing, Amino is not responsible whatsoever for any incidental, special, punitive or consequential damages that may be incurred in connection with the Site, this Agreement, the Rewards Program, the Catalog, any Supplier (including their employees), or any other third party, or in connection with any Merchandise purchased in whole or in part with Amino Points through the Rewards Program.

Market changes to Merchandise or the Rewards Program are beyond the control of Amino and Amino is not responsible for any such changes.

ELIGIBILITY

You must be a valid holder of an Amino Rewards Account and your Account must be open and in good standing in order to redeem Amino Points and purchase Merchandise through the Rewards Program in accordance with this Agreement.

SITE OWNERSHIP AND TRADEMARKS

This Site, including each of its modules as well as the arrangement and compilation of the content found on the Site, is the copyrighted property of Amino and/or its various third party providers, distributors, or other information providers, as applicable. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the “Trademarks”) are the registered and common law Trademarks of Amino, its affiliates, and various third parties including Suppliers. Nothing contained on this Site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Trademarks without the written permission of Amino or such other party that may own the Trademarks.

USE OF THE SITE

You are granted a limited, non-transferable licence to use this Site in accordance with this Agreement. You may only download, display and print the materials presented on this Site for your personal, non-commercial use.

YOUR RESPONSIBILITIES

When using the Site, you are responsible for maintaining the confidentiality of your Amino Points Account, mobile wallet and your login information, password and PIN. You are responsible for all activities that occur in or under your Amino Points Account, mobile wallet, login information, password or PIN, including without limitation financial responsibility for all use of the Site by you and anyone using your login information, password or PIN.

EARNING Amino Points POINTS

In addition to earning Amino Points under the Amino Rewards Program for purchases of merchandise made through the Site, you will continue to earn Amino Points for purchases on the Amino Catalog and Amino Shops.

MERCHANDISE PRICES AND VALUE OF Amino Points POINTS

Prices for Merchandise will be expressed in US dollars, a combination of US dollars and Amino Points, or sometimes solely in Amino Points. Prices for Merchandise and their corresponding number of Amino Points are subject to change without notice. There is no cash value for any Amino Points redeemed for any Merchandise through the Rewards Program.

PRICING

We do our best to offer the lowest price on all of our products. If you see an item advertised for a lower price elsewhere, please let us know. Send an e-mail to support@Aminorewards.com and include the product name, model number, the other retailer’s advertised price and where it was advertised. Note: This does not apply where the Merchandise price is expressed solely in Amino Points. All prices listed on this Site are subject to confirmation. Amino will notify you by email within 2 business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the Site or on your purchase order. If you do not receive an email within 2 business days of completing a purchase order, Amino is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price. Restrictions on who may purchase, what may be purchased and where items may be shipped. You may only purchase or order items for personal, non-business purposes, unless you are using a business card and lawful purposes and any other use is not permitted. You must be 18 years of age or older to purchase from this Site. Any items purchased on this Site will not be delivered to an address outside of Canada and the United States. Amino reserves the right to limit the quantities, of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if Amino believes that customer conduct contravenes applicable law or is harmful to the interests of Amino or its representatives, agents, contractors, suppliers or licensees. Amino will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Amino will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, Amino will notify you as soon as possible. If any item listed or shown for purchase through the Site is no longer available, the Site will show an out of stock message or will be removed from the site. In order to protect you and Amino from fraudulent transactions, Amino may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. Amino also reserves the right, at its discretion, not to ship items ordered or purchased on this Site to certain addresses. In the event that Amino chooses not to ship an item, you will be notified by email and any amount charged to your Card will be refunded. All Merchandise is offered on a while quantities and supplies last. Should an item become out of stock or no longer available, Amino reserves the right to cancel an order at their discretion without remedy or compensation.

SAFE SHOPPING

Your safe and secure online shopping experience is our top priority. We have installed some additional security measures and constantly monitor our purchases for suspicious activity. As such, you may receive a call from us validating your purchase. We do this to ensure that it was you who actually made the purchase. Please bear with us as we are only trying to protect all parties involved.

REDEMPTIONS, CONTENT, MERCHANDISE AVAILABILITY AND DELIVERY

Redemptions. On the date you request your Merchandise, if you wish to use your Amino Points towards the purchase of the Merchandise, your Amino Points Account will be debited by the number of Amino Points required to redeem that Merchandise.

Content. The Rewards Program on-line catalog (the “Catalog.”) will include a broad range of Merchandise for redemption. Merchandise may be purchased: (1) solely by redemption of Amino Points; (2) by a combination of redemption of Amino Points and a charge to your credit card; or (3) by a charge to your credit card for the entire amount of the purchase.

Merchandise Availability. Suppliers change models, specifications, patterns, and pricing for Merchandise from time to time, and on occasion it may be necessary to substitute items. Amino reserves the right to change the number of corresponding Amino Points or Dollars (USD) required to purchase such Merchandise to reflect these changes. If a suitable substitute cannot be found, Amino will advise you that a new selection is necessary. You may return substituted Merchandise at no cost (unused and in its original packaging) if the substitution is not acceptable to you. Suppliers have the right to change or discontinue models at any time and without prior notice.

Merchandise Delivery. Delivery of Merchandise orders typically takes five to ten business days from our receipt of your order, therefore remember to order early for holidays and special occasions. If your Merchandise is being shipped directly from a manufacturer, you must allow two to six weeks for delivery. Multiple orders may not always be shipped together. You may receive several shipments to complete your order. Amino is not liable for delays or price changes in connection with any Merchandise. You assume responsibility if delivery of Merchandise from the manufacturer is stolen during mailing. Deliveries cannot be made to a Post Office Box, rural routes, or to addresses outside of Canada or the United States. Large products are shipped via common carrier truck lines that provide curbside delivery only. Installation of major appliances is not included. To check the status of a shipment, contact Amino atsupport@Aminorewards.com.
Merchandise Returns. If you are not satisfied with your product, please notify us within 14 calendar days of delivery and we will accept its return. Items must be returned unopened, in their original condition, along with original manuals, cords and accessories. After this timeline has passed, all items are considered non-returnable. Any opened items or items listed as “non-returnable” in the table below cannot be returned. Please note that you are responsible for arranging and bearing the cost of the return delivery. All returned items are subject to inspection by Amino Rewards or its authorized agents. Prior to returning any item, you must contact Amino Rewards Service to obtain a Return Authorization (RA) number. Please contact customer service by sending an email message to support@Aminorewards.com.
Note the following exceptions:

• These items cannot be returned: All gift cards, eGift Cards, jewelry, earrings, watches, sunglasses, cosmetics, health and personal care items, such as razors, shavers, epilators, flat irons, curlers, massagers, toothbrushes, shower heads, baby products, such as car seats, strollers containing car seats, diapers, breast pumps, perishable goods, SodaStream machines, hazardous goods, barbecues, bedding, pillows, sheets, books, motorized vehicles, phones, Copyrighted materials, such as sheet music, refurbished products, Quantity or special buy items.
• These items can only be returned within 7 days after you receive your order: computers, monitors, printers, notebook computers, camcorders, digital cameras and portable DVD players.
• There are no returns on clearance items unless they are defective or the incorrect item was shipped.
• Returns on defective items and incorrect shipments
• If you receive an item and it is defective, you must notify us within 7 calendar days of the delivery date. Be sure to keep all shipping boxes/containers, original packaging, manuals, cords and accessories. These will be required to process a claim. To notify us of a defective item, please contact customer support by sending an email message to support@Aminorewards.com.
• Once the product is received in our warehouse, it will be assessed based on the reason for the return. We will check to be sure that all items originally sent with the product are included. We will then issue a full refund or send out a replacement product.
• If it has been more than 7 calendar days since the item was delivered and the item is defective, please call the manufacturer directly. The manufacturer may be able to apply the product warranty to resolve the issue.
• Returns for items damaged during shipping.
• If you receive an item and it is damaged, you must notify us within 7 calendar days of the delivery date. Be sure to keep all shipping boxes/containers, original packaging, manuals, cords and accessories. These will be required to process a claim. To notify us of a damaged item, please contact customer support by sending an email message to support@Aminorewards.com.
• Once the product is received in our warehouse, it will be assessed based on the reason for the return. We will check to be sure that all items originally sent with the product are included. We will then issue a refund, less the original shipping charges.

IMPORTANT: In the event that a returned order has items missing, the value of the missing materials may be deducted from the total credit amount.

Shopping Cart. Merchandise in your shopping cart are pending orders. Pending orders are not shipped, nor is a charge applied to your Account, until your order is confirmed. The Site will automatically empty your cart after 20 minutes. To adjust the quantity of Merchandise in your cart, click on the plus and minus signs next to the product name. To reflect your change, select Update Cart. To remove a product from your cart, click on the remove button next to the product name.

TAXES

You will be responsible for all applicable taxes related to your Merchandise and, if any, to your Amino Points. Applicable taxes may be charged to the Account and/or paid by redeeming Amino Points at the time of purchase, while other charges may be collected from you upon final delivery of the Merchandise. The amount of any taxes or other charges associated with your Merchandise that are imposed by Amino and/or a Supplier are your sole responsibility and may change at any time without notice.

PAYMENT FOR PURCHASES OF MERCHANDISE

Full payment is required at the time of purchase of any Merchandise. Online purchases can be made in 3 ways, except for purchases of gift cards and products in the Redemption Zone, which can only be made as a Redemption Purchase (i.e. by redemption of Amino Points):

• You can redeem Amino Points to cover the full cost of the Merchandise;
• You can combine redemption of Amino Points and a charge to your credit card to cover the full cost of the Merchandise; or
• You can charge the full cost of the Merchandise to your credit card.

Any additional fees and/or insurance can be paid by using your credit card and/or Amino Points as described above.
We only accept major credit cards issued in Canada or the United States. If you use a non-U.S. dollar currency denominated credit card, please note that pricing is in US dollars and that we only ship within Canada and the United States.

CHANGES AND TERMINATION

Amino reserves the right to change, cancel or terminate the Site, the Merchandise, the Catalog, this Agreement, the Rewards Program and/or the Suppliers, at any time, with or without notice (the “Changes”). Where no notice is provided, Amino will make every effort to inform you of such changes as soon as possible after they are made.

Your continuing use of the Site, including any purchases of Merchandise through the Site, following any Changes, will signify your acceptance of the Changes.

Amino reserves the right to cancel your participation in the Rewards Program, your Amino Points Account, or your Amino Points, if you: abuse the Rewards Program; do not comply with this Agreement; make any misrepresentations; or conduct yourself in a manner detrimental, as solely determined by Amino, to the interests of Amino or the Rewards Program.

Acceptable Use Policy for your Ratings, Product Reviews, Comments and Communications

All permitted and prohibited uses of this Site, including any ratings, reviews, comments and communications, are governed by our “Acceptable Use Policy” as follows:

Representations and Warranties

You understand that except for advertising programs offered by Amino and its Internet Site the Internet Site is available for your personal, non-commercial use only. By submitting any content to Amino or through the Amino Internet Site, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all “moral rights” that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 18 years old; and
• use of the content you supply does not violate this Acceptable Use Policy and will not cause injury to any person or entity.
• You further agree and warrant that you shall not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party intellectual property rights, including copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libellous, hateful, obscene, discriminatory or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, physical addresses, email addresses, contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files;
• that contains any advertisements, “spam” content, or references to other products, offers, or websites.

Ownership of Content

For any content that you submit, you grant Amino, a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. All content that you submit on or through the Internet Site may be used at Amino’ sole discretion. Amino reserves the right to change, condense or delete any content on Internet Site that Amino deems, in its sole discretion, to violate any provision of this Acceptable Use Policy. Amino does not guarantee that you will have any recourse through Amino to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Amino reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Amino, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Amino, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Privacy

By submitting any Personal Information (as defined in the Amino Privacy Policy), in connection with your use of any ratings, reviews, comments and/or communications function offered through the Amino Internet Site, you agree that Amino may use such Personal Information in accordance with its Privacy Policy.

Security

You are prohibited from violating or attempting to violate the security of the Amino Internet Site, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any posting, (e) disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Amino’ ability to monitor or make the Internet Site available, or (f) taking any action in order to obtain services to which the you are not entitled. Violations of system or network security may result in civil or criminal liability. Amino will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations.

Suspension or Termination

If Amino determines, in its sole discretion, that you are in violation of any provision of this Acceptable Use Policy, Amino may suspend or terminate your use or access to the Amino Internet Site without the notice to you. At all times, Amino shall have the discretion to take such action as Amino deems necessary, in its sole discretion, to preclude a violation, and Amino shall not be liable for any damages of any nature suffered by you or a third party resulting from Amino’ exercise of its rights under this Acceptable Use Policy. Your suspension or termination of the use of the Amino Internet Site will not impact the use of your Card generally, which is in the sole discretion of Amino.

Reporting Libel and Defamation

If you become aware of any misuse of the Internet Site, including libellous or defamatory conduct by any person, you must report it to Amino by email at support@Aminorewards.com.

Third Party Internet Sites 

If you choose to post or share any ratings, reviews, comments or communication on a third party Internet Site, including any social networking and/or social booking marking Internet Site, you do so at your own risk. Such Internet Sites are independent from Amino and Amino has no control over and expressly disclaims any liability which may ensue from posting or sharing any content on such third party Internet Sites.

FEEDBACK

If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. To ensure a prompt response to your feedback, contact us directly at support@Aminorewards.com.

PRIVACY AND COMMUNICATION POLICY

In accordance with the Privacy Policy for the Site, which is available on the Site, Amino will NEVER send you an email asking you for any personal information, account information or credit card information. Amino will never sell your information or make it available to any third parties. Amino will never share your purchase history with anyone. Amino will only communicate with you in the following situations:

• When you make a purchase or a Redemption Purchase
  1. You may receive a confirmation e-mail and an invoice;
  2. You may receive a shipping confirmation when your item is shipped;
  3. You may receive a follow up e-mail just to make sure that everything was delivered to your satisfaction.
• Weekly Newsletter
  1. If you opt-in to receive our newsletter you will receive it twice per month.
  2. Occasionally, we do have additional special offers and contests, which will be promoted through emails sent out in addition to our newsletter. These additional promotions will not exceed 10 emails per calendar year.
  3. You can always opt-out by adjusting your preferences through ’email settings’ in the My Account section.
  4. This newsletter highlights our specials, hot deals and promotions.
• System Maintenance E-mails
  1. In rare instances, you may receive an e-mail from us about important system upgrades and features. We try to limit these to once or twice a year and only if they are extremely important.

MISCELLANEOUS

Questions? If you have any questions or concerns regarding the Site, this Agreement, or the Rewards Program, please contact Amino at support@Aminorewards.com.