Last Updated February 1, 2022
SECTION 1 - ACCOUNT TERMS
- To use the Application, you must be 13 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Application.
- To use the Application, you must register for an Application account (an “Account”) via the Application interface, by providing your full legal name, a valid email address, and any other information indicated as required by the Service Provider. The Service Provider may reject your request to register for an Account for any reason, in its sole discretion.
- You acknowledge and agree to the Service Provider’s use of the email address you provide as its primary method of communication with you.
- You are responsible for keeping your Application password secure. The Service Provider shall not be liable for any loss or damage arising from your failure to maintain the security of your Account and password. In the event the Service Provider provides you with a temporary password upon registration of an Account, you are responsible for changing this temporary password immediately upon receipt.
- A breach or violation of any term in these Terms as determined in the sole discretion of the Service Provider will result in the immediate termination of your Account by the Service Provider.
- Pearl Points was launched on February 1, 2022. Pearl Points can only be earned on eligible purchases with a registered account that is enrolled in the Pearl Points program on or after February 1, 2022. Pearl Points are not retroactive to previous purchases.
SECTION 2 - GENERAL TERMS
- The Service Provider hereby grants you a non-exclusive, non-sublicensable, non-transferable and revocable license to use the Application. The Service Provider does not grant you any intellectual property rights or other rights in the Application.
- These Terms shall be governed by and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to principles of conflicts of laws.
- You acknowledge and agree that the Service Provider may amend these Terms at any time by posting a revised version of these Terms on the Application, and your continued use of the Application signifies your agreement to the amended Terms. Should the Service Provider amend these Terms in a way that materially affects your rights, the Service Provider will notify you of the relevant amendments.
- You may not use the Application for any purpose other than the purpose for which the Application was designed, including any illegal or unauthorized purpose, nor may you, in the use of the Application, violate any laws in your jurisdiction and/or the laws of Canada and the Province of Quebec. You shall not decompile, reverse engineer, decrypt, extract or disassemble the Application or otherwise reduce or attempt to reduce any software or firmware in the Application to source code form.
- You agree not to reproduce, duplicate, copy, create derivative works from, sell, resell, exploit, or otherwise make available or distribute any portion of Application, use of the Application, or access to the Application.
- We reserve the right to modify or disable the Application, or to remove the Application from the Apple App Store and/or Google Play Store if applicable, for any reason, without notice at any time. We reserve the right to terminate your Account at any time in our sole discretion.
- We reserve the right to refuse download and/or use of the Application by any person, for any reason, at any time.
- You agree that any materials that you provide to the Service Provider, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding the Service Provider or the Application, whether such materials are provided in email, feedback forms, or any other format, shall belong exclusively to the Service Provider, without any requirement to acknowledge or compensate you.
- The failure of the Service Provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Service Provider and govern your use of the Application.
- The following sections will survive the expiry or termination of these Terms: Section 2 (General Terms), Section 3 (Warranty, Limitation of Liability and Indemnification), Section 4.2 (Term and Termination), Section 5 (Application Modifications), and Section 6 (Third Party Services).
SECTION 3 - WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION
- You expressly acknowledge and agree that the Service Provider, including its employees, agents, officers, directors and representatives, shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Application or the provisions of these Terms, however arising, including for negligence and gross misconduct.
- You agree to indemnify, defend and hold the Service Provider, its partners, officers, directors, agents, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Application, (ii) your breach of these Terms or the documents incorporated by reference, or (iii) or your violation of any law or the rights of a third party.
- THE APPLICATION IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLITY, SECURITY, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE APPLICATION IS AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM ITS USE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DAMAGE TO COMPUTER SYSTEMS. THE SERVICE PROVIDER DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- It may be necessary for the Service Provider to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Application, which may temporarily degrade the quality of the services or result in a partial or complete outage of the Application. The Service Provider will endeavor to carry out such repairs or maintenance during times that will cause the least disruptions to you.
SECTION 4 - TERM AND TERMINATION
- These Terms shall commence on the date you begin using the Application and shall continue until terminated in accordance with the provisions herein.
- You may terminate your Account at any time by emailing [email protected], then following the specific instructions provided to you in the Service Provider’s response. Upon termination of your Account by either party for any reason, you will no longer be able to access your Account or the Application.
- Any funds, points, rewards, purchases, passes or other right to goods and/or services stored in your Account (the “App Currency”) have no value, and cannot be used in any manner, outside of their intended use in and through the Application. Any App Currency stored in your Account when your Account is terminated shall be deleted and forfeited in its entirety. Nothing in these Terms precludes your ability to seek compensation from the Merchant. For the avoidance of all doubt, the Service Provider expressly disclaims in its entirety any liability to you for same.
- We reserve the right to (i) modify the Application, (ii) terminate your Account and/or use of the Application, and/or (iii) de-list the Application for download from applicable on-line app stores.
- Without limiting any other remedies, we may suspend or terminate your Account if we suspect that you have engaged in fraudulent activity in connection with the Application.
SECTION 5 - APPLICATION MODIFICATIONS
- The Service Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Application.
SECTION 6 - THIRD PARTY SERVICES
- In addition to these Terms, you also agree to be bound by the additional service-specific terms applicable to goods and/or services you purchase from, or that are provided by, the Service Provider’s partners or other third parties.
- We do not provide any warranties with respect to good and services provided by third parties (the “Third Party Services”). You acknowledge that the Service Provider has no control over Third Party Services and/or the third parties who provide them (the “Third Party Providers”) and shall not be responsible or liable to anyone for such Third Party Services and/or Third Party Providers. The availability of Third Party Services on and/or through the Application does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with the Service Provider.
- Under no circumstances shall the Service Provider be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if the Service Provider has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.