Calgary Co-op Rewards Program Participant Terms and Conditions
LAST UPDATED: September 2024
In these Calgary Co-op Rewards Program Participant Terms and Conditions:
“Account” means an Online account created in accordance with section 7 of the Calgary Co-op Membership Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-membership-terms-conditions)
“Act” means the Cooperatives Act, SA 2001, c C-28.1, as amended.
“Bylaws” means Calgary Co-op’s Bylaws, as amended (available at: https://www.calgarycoop.com/wp-content/uploads/2023/07/2023-Bylaws-as-Amended-FINAL.pdf)
“Calgary Co-op”, “we”, “us”, and “our” means Calgary Co-operative Associated Limited.
“Calgary Co-op App” means the Calgary Co-op mobile application.
“Designated Household User” means an individual who (i) is over the age of 18; (ii) is not a Member; (iii) resides at the same address as a Member; and (iv) accepts an invitation from the Member with whom they reside to be a Designated Household User and creates a Verified Account in accordance with these Terms, and the Calgary Co-op Membership Terms and Conditions, the Calgary Co-op Mobile App Terms and Conditions, and the Calgary Co-op E-Commerce Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-e-commerce-terms-conditions).
“Joint Member” means the holder of a joint membership as set out in section 3.02 of the Bylaws. In these Terms, a Joint Member does not include a Member-Owner that is a corporation, partnership, business, or charity and does not include a Member-Owner that is a Calgary Co-op Commercial Fleet Card holder.
“Member” means an Individual or entity that is a registered Member-Owner of Calgary Co-op in accordance with the Bylaws, Calgary Co-op’s Articles of Incorporation (as amended), the Act, the Regulations, and these Terms, including a Joint Member. In these Terms, a Member does not include a Member-Owner that is a corporation, partnership, business, or charity and does not include a Member-Owner that is a Calgary Co-op Commercial Fleet Card holder.
“Membership Card” means a printable membership card, a physical membership card, and/or a digital membership card provided to a Member, Joint Member, or Designated Household User by Calgary Co-op.
“Participant” has the meaning set out in section 1 of these Terms.
“Regulations” means the Cooperatives Regulation, Alta Reg 55/2002, as amended.
“Terms” means these Calgary Co-op Rewards Program Participant Terms and Conditions, as amended.
“Verified Account” means an Account created by a Member or Joint Member that has been verified in accordance with section 7 of the Calgary Co-op Membership Terms and Conditions, or an online account with Calgary Co-op created by a Designated Household User in accordance with section 6 of the Calgary Co-op Mobile App Terms and Conditions.
“Websites” means calgarycoop.com, calgarycoopwinespiritsbeer.com, and coopcannabis.com, which are owned and operated by Calgary Co-op.
All other capitalized terms used in these Terms that are not otherwise defined shall have the meaning as set out in the Act, the Regulations, and/or the Bylaws.
Calgary Co-op offers the Calgary Co-op Bonus Cash Rewards Program (the “Program”) under these Terms to Participants who have created a Verified Account and downloaded the Calgary Co-op App (“you” or “your”). The Program gives Participants the opportunity to earn and accumulate electronic loyalty rewards called Calgary Co-op Bonus Cash (“CC Bonus Cash”) that can be redeemed as payment for certain future purchases at participating Calgary Co-op retail locations (including wine, spirits, beer, pharmacy, home healthcare, and gas bar locations), through the Calgary Co-op App, or on online shopping sites within the Websites, play games for an opportunity to win prizes, and access promotional offers and coupons, all subject to these Terms and any other applicable terms and conditions (collectively, “Program Benefits”). The Websites and the Calgary Co-op App will be collectively referred to as “Online”.
The Program is not targeted towards, nor intended for use by, anyone under the age of 15. If you are between the ages of 15 and the age of majority in your jurisdiction of residence, you may access and/or participate in the Program only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and only if you are a Calgary Co-op member. If you are between the ages of 15 and the age of majority in your jurisdiction of residence, then you must review these Terms with your parent or guardian, and obtain consent from your parent or guardian to accept these Terms, including as they may be amended from time to time. For the purposes of these Terms, all references to “Participants” or “you” will include your parent or guardian on your behalf, as applicable.
By participating in the Program, you accept and agree to these Terms, including as they may be amended from time to time. If you do not agree with these Terms or any amendments, then you must not access or participate in the Program.
These Terms constitute a binding legal agreement between you and Calgary Co-op. You must read these Terms carefully before participating in the Program. Calgary Co‑op reserves the right to modify or amend these Terms without notice at any time. As such, it is important that you read these Terms (available at: https://www.mycalgarycoop.com/terms) on a regular basis so that you are aware of any such changes. You waive any right you may have to receive specific notice of such changes or modifications, and your continued participation in the Program following any such changes or modifications confirms your acceptance.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Calgary Co-op for other products or services, such as Calgary Co-op gift cards. To the extent that there is any conflict between these Terms and the Calgary Co-op Membership Terms and Conditions, the Membership Terms and Conditions will govern.
- Participating in the Program
In order to receive Program Benefits, you must become a Participant (defined below). Participation in the Program is open to any Member who:
- has a Verified Account, as defined in the Calgary Co-op Membership Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-membership-terms-conditions) and
- has downloaded the Calgary Co-op App on a compatible mobile device.
(a “Participant”).
To create a Verified Account, you must complete the registration and verification process set out in the Calgary Co-op Membership Terms and Conditions. Go to https://login.mycalgarycoop.com/registerForm and follow the prompts to create and verify your Verified Account.
You must download the Calgary Co-op App by visiting Apple’s App Store or the Google Play app store. You must download the Calgary Co-op App to become a Participant and receive Program Benefits. You must have a compatible mobile phone to download and use the Calgary Co-op App. The Calgary Co-op App cannot be downloaded or used on a tablet, computer, or laptop computer.
The methods for participating in the Program may change from time to time, in our sole discretion.
- Program Benefits
Once you are a Participant, you are eligible to obtain the following Program Benefits, subject to these Terms:
- CC Bonus Cash. You will be able to earn and accumulate CC Bonus Cash in your Verified Account on Eligible Purchases (defined below) made at participating Calgary Co-op retail locations or Online by you, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User. CC Bonus Cash can be redeemed as payment for certain future purchases at participating Calgary Co-op retail locations using the Calgary Co-op App or Online by you, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User, in accordance with these Terms, the Calgary Co-op Mobile App Terms and Conditions, and the Calgary Co-op E-Commerce Terms and Conditions.
- You, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User may be eligible to play games on the Calgary Co-op App for the opportunity to win prizes, such as free or discounted items or coupons, which can be redeemed by you, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User at participating Calgary Co-op retail locations. Not all Participants will be eligible to participate in all games. Games will be subject to additional terms and conditions (available at https://info.calgarycoop.com/calgary-co-op-app-contest-rules) Calgary Co-op reserves the right to change or suspend all games in its sole discretion.
- In-app promotional offers. Special offers may be distributed through the Calgary Co-op App (including through push notifications). Special offers may include offers customized to your purchase behaviours and preferences and may include periodic discounts on items at participating Calgary Co-op retail locations or Online, or the opportunity to earn CC Bonus Cash. Special offers may have certain restrictions, including expiration dates and time-limited redemption periods. Special offers are personal to you and cannot be shared (other than with any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User), copied, or transferred. Read each offer carefully for specific details, applicable terms and conditions, expiration dates, limitations, and restrictions. Calgary Co-op reserves the right to change or suspend any special offers and coupons in its sole discretion.
- Earning CC Bonus Cash
You can earn CC Bonus Cash in the following ways:
- Eligible Purchases. You will earn CC Bonus Cash when you, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User purchases an eligible item at a participating Calgary Co-op retail location or Online (“Eligible Purchase”), subject to the below conditions and to the exclusions set out in Section 5 of these Terms. Calgary Co-op will determine which items are “eligible items”, and the time period during which any item is an “eligible item”, in its sole and absolute discretion. Calgary Co-op will determine the amount of CC Bonus Cash that will be earned in connection with an Eligible Purchase in its sole and absolute discretion. The amount of CC Bonus Cash that you can earn on an Eligible Purchase will vary based on the item and will be identified next to the item’s price in store or Online.
You can only earn CC Bonus Cash in connection with an Eligible Purchase where:
- you, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User presents a valid Membership Card bearing your unique membership number to a cashier, provides your unique membership number to a cashier, scans your Membership Card at the point of sale, or enters your unique membership number at the point or sale; or
- you, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User make an Eligible Purchase Online using a Verified Account.
CC Bonus Cash cannot be earned in connection with the purchase of any merchandise excluded under Section 5 of these Terms.
- Promotional Offers. From time to time, CC Bonus Cash may be earned in connection with certain flyer or Calgary Co-op App promotions, such as for downloading the Calgary Co-op App, purchasing certain products, making a certain number of purchases within a promotional time frame, or achieving a predetermined purchase amount. Calgary Co-op will determine the amount of CC Bonus Cash that will be earned in connection with any such promotions in its sole and absolute discretion.
CC Bonus Cash will be automatically added to your Verified Account within twenty-four (24) hours of an Eligible Purchase, or within a reasonable time following completion of all activities required to earn CC Bonus Cash in connection with any flyer or Calgary Co-op App promotion. The amount of CC Bonus Cash that is available to use will be visible in the Calgary Co-op App and when completing check out for an Online order.
A Member has no entitlement whatsoever to any CC Bonus Cash that they otherwise would have earned during any period that the Member was not a Participant.
CC Bonus Cash, offers and other services and programs are offered by us, and may be offered to all Participants or any group of Participants, as determined in our sole discretion. Any offer may be time limited, and may contain additional terms and conditions, which will apply in addition to these Terms. We may limit quantities of products on which a single Participant may earn CC Bonus Cash. Without limiting our right to cancel any Account or Verified Account in accordance with these Terms, if a Participant earns CC Bonus Cash in a manner not permitted by these Terms, we may deem, in our sole discretion, any such CC Bonus Cash to be invalid and/or cancelled, which will result in the removal of such CC Bonus Cash from the Participant’s Verified Account.
Purchases made Online are subject to the Calgary Co-op E-Commerce Terms and Conditions and the Calgary Co-op Mobile App Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-e-commerce-terms-conditions)
- Redeeming CC Bonus Cash
CC Bonus Cash can be redeemed by you, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User, for eligible merchandise (including any applicable deposits, taxes, and/or environmental fees) at participating Calgary Co-op retail locations or when shopping Online, subject to section 5 of these Terms and in Calgary Co-op’s sole and absolute discretion.
To “redeem” means to use CC Bonus Cash to pay, or partially pay, for eligible purchases. You, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User can redeem CC Bonus Cash in the following ways:
- Point of Sale. You, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User can redeem CC Bonus Cash by presenting and using the Calgary Co-op App at the point of sale in a participating Calgary Co-op retail location.
- Through a Verified Account. You, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User can redeem CC Bonus Cash when making purchases Online using a Verified Account.
CC Bonus Cash cannot be redeemed by presenting or providing your physical Membership Card or membership number to a cashier, by scanning your physical Membership Card at the point of sale, or by entering your membership number at the point or sale.
CC Bonus Cash cannot be redeemed when making purchases Online through an Account that has not been verified in accordance with the Calgary Co-op Membership Terms and Conditions or the Calgary Co-op Mobile App Terms and Conditions.
CC Bonus Cash can be used in combination with any other form of tender as determined by Calgary Co-op. CC Bonus Cash has no cash value and is not exchangeable for cash. CC Bonus Cash is personal to you and cannot be assigned, exchanged, purchased, sold, traded, or given as a gift. The maximum value of CC Bonus Cash that can be redeemed in one transaction may be determined by Calgary Co-op in its sole and absolute discretion.
- Exclusions and Related Matters
CC BONUS CASH CANNOT BE EARNED OR REDEEMED ON PURCHASES OF ANY OF THE FOLLOWING ITEMS:
- lottery tickets;
- transit passes;
- third party event tickets and passes (for example, tickets or passes to Calaway Park, Landmark Cinemas, ski resorts, or Globalfest);
- Calgary Co-op gift cards, third party gift cards, or pre-paid cards;
- purchases made through non-participating licensed merchants located within or adjacent to participating Calgary Co-op retail locations;
- prescriptions or professional pharmacy services;
- any other items, services, or products that may not be legally offered in connection with the Program; and
- any other items, services, or products we may designate ineligible from time to time
CC BONUS CASH CANNOT BE EARNED ON THE PURCHASE OF OR PAYMENT FOR THE FOLLOWING ITEMS BUT MAY BE REDEEMED TOWARDS THE PURCHASE OF OR PAYMENT FOR THE FOLLOWING ITEMS:
tobacco;- deposits (i.e. on bottles of water);
- environmental fees; and
- taxes.
CC Bonus Cash cannot be redeemed on the purchase in which it is earned. It can only be redeemed for subsequent eligible purchases. Participants, Joint Members, and Designated Household Users may not redeem CC Bonus Cash from more than one Verified Account for the same transaction.
If a Participant, any Joint Member with whom the Participant jointly holds a Calgary Co-op membership, or a Designated Household User returns a purchase for which the Participant earned CC Bonus Cash, the Participant’s CC Bonus Cash balance may be reduced by the amount of CC Bonus Cash earned for that purchase in our sole discretion. If a Participant, any Joint Member with whom the Participant jointly holds a Calgary Co-op membership, or a Designated Household User redeemed CC Bonus Cash to pay for a purchase and subsequently returns that purchase, the redeemed CC Bonus Cash will be forfeited and the value of the returned product will be provided to the Participant, Joint Member, or Designated Household User in the form of a Calgary Co-op gift card or will be applied to the credit/debit card used in the transaction.
We may expire the CC Bonus Cash in a Verified Account in the event there has been a period of inactivity of 24 months or more. “Inactivity” means there have been no transactions by a Participant, a Joint Member with whom the Participant holds a Calgary Co-op membership, or Designated User during the period in question. Our records of the CC Bonus Cash earned, redeemed or deducted are deemed accurate. If you have a concern regarding your account balance, you must contact us at memberengagement@calgarycoop.com and provide relevant evidence (including your receipt) within 30 days from the relevant transaction date to report any discrepancy. Any report of a discrepancy will not be accepted after 30 days have elapsed form the relevant transaction date.
The amount of CC Bonus Cash displayed Online may not reflect a Participant’s current CC Bonus Cash balance according to our records. If any CC Bonus Cash is awarded to a Participant in error, we reserve the right to deduct the amount of CC Bonus Cash awarded in error at any time and without notice to the Participant.
- Games
You, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User may be eligible to access and play games which will be available on the Calgary Co-op App from time to time.
When games are won, Participants may be awarded prizes, such as free or discounted items, coupons, special pricing for an item, or CC Bonus Cash offers. Any such prize may be time limited. Prizes are subject to availability. Not all Participants, Joint Members, and/or Designated Household Users will be eligible to participate in all games. Games will be subject to Official Rules and additional terms and conditions (available at https://info.calgarycoop.com/calgary-co-op-app-contest-rules) No purchase is necessary to play games or redeem prizes. A skill testing question may be required in order to claim prizes.
Games are made available by us, and may be offered to all Participants or any group of Participants, as determined in our sole discretion. Calgary Co-op may terminate or suspend games at any time, in its sole discretion. Without limiting our right to suspend or cancel your participation in the Program in accordance with these Terms, if a Participant obtains a prize in a manner not permitted by these Terms, any Official Rules, and/or any additional applicable terms and conditions, we may deem, in our sole discretion, any such prize to be invalid and cancel it.
- Participant Responsibilities
When you register or provide any other information in connection with the Program, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for and are required to immediately notify Calgary Co‑op of any changes to your name, email address and any other information you may have provided to Calgary Co‑op in connection with the Program, your Verified Account, or your membership. Calgary Co‑op shall have no liability for any misdirected, lost or delayed communications (including mail or other electronic communications) resulting from Participant’s failure to provide such notice or for any interruption or delay in mail delivery or electronic communication.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. You are responsible for maintaining the confidentiality of any password and username that you are given or select and your membership number, and you are responsible for all activities that occur under your Account or Verified Account. You agree to immediately notify Calgary Co-op of any unauthorized use of your password, username, or membership number, or any other breach of security. Calgary Co-op reserves the right to suspend or terminate your Account or Verified Account in our sole discretion for any or no reason, including for non-compliance with these Terms.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted Online. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites, Calgary Co-op App, and/or any other online platforms made available to you by Calgary Co-op in connection with the Program (collectively, the “Online Platforms”).
- Designated Household Users
Each Participant, together with any Joint Member with whom they jointly hold a Calgary Co-op membership, may invite up to one Designated Household User to use the Calgary Co-op App and access Program Benefits, in accordance with the Calgary Co-op Mobile App Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-app-terms-conditions).
A Designated Household User will have access to the Program Benefits and membership benefits of the Participant that invited the Designated Household User to use the Calgary Co-op App, and any Joint Member, including:
- REDEEMING THE MEMBER’S CC BONUS CASH;
- redeeming THE MEMBER’S patronage return;
- redeeming special offers and coupons;
- playing games and redeeming prizes;
- VIEWING THE MEMBER’S account statements, EQUITY BALANCE, ESTIMATED PATRONAGE EARNINGS AND PATRONAGE RETURNS; AND
- VIEWING RECEIPTS FOR ALL IN-STORE AND ONLINE TRANSACTIONS OF THE MEMBER, ANY JOINT MEMBER WITH WHOM THE MEMBER JOINTLY HOLDS A CALGARY CO-OP MEMBERSHIP, AND THE DESIGNATED HOUSEHOLD USER AT CALGARY CO-OP.
Participants may remove Designated Household Users at any time and any CC Bonus Cash earned on purchases made by the Designated Household User or prizes won in games played by that Designated Household User will remain with the Participant.
- Refusal, Suspension, Termination and Cancellation
We reserve the right to refuse to allow you or any person to join the Program for any reason in our sole discretion, including for not meeting the eligibility requirements or for having a membership withdrawn or otherwise terminated in accordance with the Act, Bylaws, Regulations, and Calgary Co-op Membership Terms and Conditions.
We reserve the right to terminate the Program, or any part of it, at any time on 30 days prior written notice (to be provided at participating Calgary Co-op retail locations, on calgarycoop.com, the Calgary Co-op App or through other communications to Participants, including via email). If the Program is terminated, you will have up to 30 days after the effective termination date to redeem any CC Bonus Cash in your Verified Account. After the expiry of the 30-day period, any CC Bonus Cash that has not been redeemed will be forfeited.
We may, at any time, suspend or cancel your participation in the Program, if, in our view, you have abused any Program Benefits, failed to follow these Terms and any other terms incorporated by reference, or made any misrepresentation to us or to any entity associated with or participating in the Program. In the event that your participation in the Program is cancelled, all accumulated CC Bonus Cash in your Verified Account may also be forfeited and removed from your Verified Account.
We reserve the right to withdraw or temporarily change or suspend all or part of the Program in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Program as set out in these Terms.
- Co‑operative By-Laws and Limitation of Liability
Calgary Co‑op is governed by the Bylaws to conduct its affairs, and when you join Calgary Co‑op, you agree to abide by the Bylaws (available at: https://www.calgarycoop.com/wp-content/uploads/2023/07/2023-Bylaws-as-Amended-FINAL.pdf) Please contact us if you have any questions.
In addition to the Calgary Co‑op Membership Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-membership-terms-conditions) failure to comply with these Terms or abuse of Program Benefits may result in the termination of your Calgary Co-op membership in accordance with the Act, Regulations, and Bylaws, or curtailment of certain Program Benefits or other privileges.
- Privacy
Calgary Co‑op respects a Participant’s right to privacy. Our privacy policy outlines our policies and practices in detail. By participating in the Program, you acknowledge that you have reviewed and understand the Calgary Co‑op Privacy Policy that is available at http://www.calgarycoop.com/privacy-policy and have consented to the practices described in that policy.
- Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE PLATFORMS, THEIR CONTENT, AND ANY PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE ONLINE PLATFORMS ARE AT YOUR OWN RISK. THE ONLINE PLATFORMS, THEIR CONTENT, AND ANY PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE ONLINE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CALGARY CO-OP DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE ONLINE PLATFORMS OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, CALGARY CO-OP DOES NOT REPRESENT OR WARRANT THAT THE ONLINE PLATFORMS, THEIR CONTENT, OR ANY SERVICES OBTAINED THROUGH THE ONLINE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, NON-INFRINGING OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE PLATFORMS OR THE FUNCTIONS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THERE IS NO WARRANTY THAT THE ONLINE PLATFORMS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF CALGARY CO-OP THROUGH THE ONLINE PLATFORMS, OR IN RELATION TO THE ONLINE PLATFORMS SHALL CREATE ANY WARRANTY OR CONDITION.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CALGARY CO-OP OR ANY OF THE RELEASED PARTIES (DEFINED BELOW) BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, INTELLECTUAL PROPERTY INFRINGEMENT, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY ADDITIONAL TERMS INCORPORATED BY REFERENCE, OR YOUR ACCESS, USE, INABILITY TO USE, OR RELIANCE ON, THE ONLINE PLATFORMS, THE CONTENT, MATERIALS, OR INFORMATION ON THE ONLINE PLATFORMS, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES AND ANY CONTENT, MATERIALS, OR INFORMATION THEREON, OR YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM, HOWEVER CAUSED, WHETHER BY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, FUNDAMENTAL BREACH, BREACH OF PRIVACY, STRICT LIABILITY OR OTHERWISE, EVEN IF CALGARY CO-OP OR ANY OF THE RELEASED PARTIES WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CALGARY CO-OP AND THE RELEASED PARTIES WILL NOT BE LIABLE FOR:
- ANY ERRORS IN AWARDING CC BONUS CASH, PRIZES OR OTHER PROGRAM BENEFITS;
- ANY ERRORS IN THE CC BONUS CASH DISPLAYED ON THE CALGARY CO-OP APP;
- ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR VERIFIED ACCOUNT;
- ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR MEMBER’S MEMBERSHIP NUMBER OR MEMBERSHIP BENEFITS OR PROGRAM BENEFITS;
- ANY ACCESS TO OR USE OF YOUR MEMBERSHIP NUMBER, MEMBERSHIP CARD, ACCOUNT, VERIFIED ACCOUNT, MEMBERSHIP BENEFITS, OR PROGRAM BENEFITS BY A JOINT MEMBER OR DESIGNATED HOUSEHOLD USER, INCLUDING THE REDEMPTION OF YOUR CC BONUS CASH OR REDEMPTION OF YOUR PRIZES;
- ANY USE OF A MEMBER OR JOINT MEMBER’S PAYMENT CARD INFORMATION AND/OR STORED PAYMENT METHOD BY A DESIGNATED HOUSEHOLD USER (AS DEFINED IN THE CALGARY CO-OP MOBILE APP TERMS AND CONDITIONS);
- ANY USE OF A DESIGNATED HOUSEHOLDER USER’S PAYMENT CARD INFORMATION AND/OR STORED PAYMENT METHOD BY A MEMBER OR JOINT MEMBER (AS DEFINED IN THE CALGARY CO-OP MOBILE APP TERMS AND CONDITIONS);
- ANY LOSS OR THEFT OF CC BONUS CASH, PRIZES OR OTHER PROGRAM BENEFITS;
- THE CANCELLATION OR MODIFICATION OF ANY BENEFIT, INCLUDING THE PROGRAM;
- THE REFUSAL OF YOUR PARTICIPATION IN THE PROGRAM;
- THE TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM OR CURTAILMENT OF ANY PRIVILEGES;
- ANY ERRORS OR OMISSIONS ON THE ONLINE PLATFORMS; OR
- ANY PHYSICAL DAMAGE CAUSED TO YOUR MOBILE DEVICE BY CALGARY CO-OP IN CONNECTION WITH YOUR USE OF THE CALGARY CO-OP APP FOR MOBILE PAYMENT OR TO ACCESS MEMBERSHIP BENEFITS OR PROGRAM BENEFITS.
- Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Calgary Co-op, its respective subsidiaries, affiliates, related entities, suppliers, distributors, advertising agencies, and licensors, and each of their officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns (collectively the “Released Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, fines, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) your (or anyone acting under your username or password) breach of these Terms and/or any other terms incorporated by reference; (ii) your (or anyone acting under your username or password) use or misuse of the Online Platforms; (iii) your (or anyone acting under your username or password) failure to comply with any applicable laws or regulations in connection with the Online Platforms and your access to or participation in the Program; (iv) your (or anyone acting under your username or password) negligence, willful misconduct, or violations of the intellectual property rights or other rights of a third party in connection with the Online Platforms or your access to or participation in the Program; or (v) your conduct in connection with the Online Platforms and your access to or participation in the Program.
Each Member is responsible for all activity on their Verified Account, and for the use of any membership benefits offered through the Online Platforms, including the use of membership benefits and Program Benefits by a Designated Household User or a Joint Member. To the maximum extent permitted by applicable law, each Member agrees to defend, indemnify, and hold harmless Calgary Co-op and the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, fines costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) the Member’s Designated Household User and/or Joint Member’s breach of these Terms and/or any other terms incorporated by reference; (ii) the Member’s Designated Household User and/or Joint Member’s use or misuse of the Online Platforms; (iii) the Member’s Designated Household User and/or Joint Member’s failure to comply with any applicable laws or regulations in connection with the Online Platforms and their access to or participation in the Program; (iv) the Member’s Designated Household User and/or Joint Member’s negligence, willful misconduct, or violations of the intellectual property rights or other rights of a third party in connection with the Online Platforms or their access to or participation in the Program; or (v) the Member’s Designated Household User and/or Joint Member’s conduct in connection with the Online Platforms and their access to or participation in the Program.
- General
These Terms are governed by the laws of the province of Alberta and the federal laws of Canada applicable in Alberta, without reference to conflict of laws provisions.
You (or your parent or legal guardian on your behalf, as the case may be) agree that the sole and exclusive forum and remedy for any and all disputes and claims relating to or arising out of the Program that cannot be resolved informally shall be final and binding arbitration. The arbitration shall be held in Calgary, Alberta and the arbitration will be held in English. There shall be one arbitrator agreed to by you and us. You and us shall equally share the arbitrator and facility fees, and you will bear your own legal costs and expenses of the arbitration.
Calgary Co-op reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Any waiver by Calgary Co‑op of the strict observance, performance or compliance by a Participant of any portion of these Terms and any extension of time or other indulgence granted by Calgary Co‑op, either expressly or by course of conduct, shall not alter, affect or prejudice any of Calgary Co‑op's rights or remedies and shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any of Calgary Co‑op's rights and remedies arising in respect of any other breach of these Terms.
No delay or omission by Calgary Co‑op in exercising any right or remedy hereunder shall operate as a waiver of that or any other right or remedy.
Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”.
Each of the provisions contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other provision of these Terms.
- Contact Information
If you have any questions about the Program or these Terms, please go online at calgarycoop.com/contact-us/ or email us at memberengagement@calgarycoop.com.