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Rewards Policy

TERMS & CONDITIONS

Last updated on April 22, 2017

Second Cup Coffee Co. Rewards Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS PROMOTIONAL PROGRAM OR A PERKS CARD, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

1. Program Overview

The Second Cup Coffee Co. Rewards ("Rewards Program") is our way of saying thanks to you, our customers, for being loyal Second Cup patrons. The Rewards Program is a loyalty program which is operated by The Second Cup Ltd. or its subsidiaries and affiliated companies (collectively, "Second Cup") and is open only to legal residents of Canada. The Rewards Program allows participants who register in accordance with these Terms of Use ("Terms") to present their Rewards Card to collect Points, which may be used in accordance with these Terms towards free rewards at participating Second Cup locations. A full listing of participating cafés can be found by visiting secondcup.comand viewing our Find a Café section (collectively, "Participating Locations").

The Rewards Program may change as provided in rule 8 of these Terms.

These Terms apply to your access to, and participation in, the Rewards Program. Your participation in the Rewards Program and/or your use of a Rewards Card confirms your acceptance of these Terms and any changes or modifications, as provided for below; therefore, you should review these Terms and applicable policies frequently to understand the terms and conditions that apply to the Rewards Program. If you do not agree to the Terms, you must stop participating in the Rewards Program.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Second Cup for products, services or otherwise. For greater certainty, you may also use your Perks Card as a "Gift Card", which you may load with cash to use toward future purchases at Participating Locations. The use of the Rewards Card as a Gift Card is separate from the use of the Rewards Card to participate in the Rewards Program, and is governed by the Second Cup Gift Card terms of use. You may view the Second Cup Gift Card terms of use here.

Please read our Privacy Policy here carefully to understand how Second Cup collects, uses and discloses information about customers.

2. Eligibility for the Rewards Program

  1. Membership in the Rewards Program is limited to individuals only, who are legal residents of Canada. No corporation, trust, partnership or other entity may hold membership in the Rewards Program. The Rewards Program is offered for personal use only, and is not for commercial or other business use.
  2. You must have reached the age of thirteen (13) to participate in the Rewards Program. If you are between the ages of 13 and the age of majority in your province/territory of residence, you must have the permission of your parent/legal guardian to participate in the Rewards Program.
  3. Registered participants may only earn Points and redeem Rewards (as defined below) when they present their Rewards Card at a Participating Location, all as set forth in these Terms.
  4. A Rewards Program member must enroll individually, using his/her full legal name to open a Rewards Program account ("Account").
  5. You may associate more than one Rewards Card with your Account. If you choose to associate a second Rewards Card to your Account, its value is transferred to the Account of the first Rewards Card you had registered, and the second Rewards Card becomes inactive. If you have lost your balance protection registered Rewards Card and need assistance, please contact us at 1-877-212-1818. Only the registered, active Rewards Card will earn Points, except as may be permitted by Second Cup in its sole and absolute discretion.
  6. There is a limit of one (1) Account per eligible individual/email address. Membership is solely for the benefit of the individual who opened the Account, and all Accounts must be maintained in the name of the individual who first opened them.
  7. When you enroll in the Rewards Program you agree to receive the information and notifications regarding your participation in the Rewards Program from Second Cup. You may also choose to receive other communications from Second Cup, including our newsletter, and/or special offers about the Rewards Program, and its rewards and services.

 

3. Registering for the Rewards Program

To sign-up for the Rewards Program, and begin earning Rewards Program points ("Points") simply visit a Participating Location and ask for a Rewards Card, or directly create your Account ("Registration") by visiting secondcup.com/rewards. If you use our mobile Program and payment application, you may also complete your Registration, keep track of your Points and Rewards, monitor and add to your Account balance, and make mobile payments using the mobile application in accordance with our Terms. Before you may earn Points on a Rewards Card, as provided in rule 4 of these Terms, you must register your Rewards Card and create an Account.

The registration process may require that you use the registration form to provide information such as: Rewards Card Number, First Name, Last Name, Email Address, Password and Marketing Preferences.

You must advise us immediately of any changes to the information you supply to register in the Rewards Program or in the event you lose your Rewards Card by visiting secondcup.com/rewards. Second Cup will not be liable for any misdirected email or other communications, including any notices under these Terms, or for any consequences thereof, if your Account information is inaccurate or no longer valid. You are responsible for ensuring that you can receive messages or notifications from Second Cup at the contact information you provide. If we believe that some of our records are inaccurate, we may contact you to verify our records. We reserve the right to cancel any Account for which we determine we have incomplete or inaccurate information and in such a case any Points or Rewards (defined below) associated with such Account and the Rewards Cards associated with it may be forfeited. The submission of false or fictitious information may result in all Points or Rewards associated with such Account and the Rewards Cards associated with it being forfeited.

All Rewards Program registrations are subject to verification at any time and for any reason. Second Cup reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Second Cup – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in the Rewards Program; and/or (ii) for any other reason Second Cup deems necessary, in its sole and absolute discretion, for the purposes of administering the Rewards Program in accordance with these Terms. Failure to provide such proof to the satisfaction of Second Cup in a timely manner may result in the cancellation of your Account and in such a case any Points or Rewards (defined below) associated with such Account and the Rewards Cards associated with it may be forfeited.

4. Earning Points

Rewards Program benefits are determined based on the amount of money you spend on eligible purchases at Participating Locations. All purchases at Participating Locations are "Eligible Purchases" with the exception of promotional purchases that Second Cup indicates are not eligible for participation in the Rewards Program, and the purchase of or loading of Gift Cards. For greater certainty, an Eligible Purchase for which you pay using a Gift Card does earn Points.

You must present your Rewards Card at the time you pay for your Eligible Purchase to earn Points. No Points will be rewarded if you present your Rewards Card after your purchase is completed.

For each pre-tax dollar, rounded to the nearest $0.10, you spend at a participating Second Cup you’ll earn 10 Points. For example:

  • If you spend $4.60 you’ll earn 46 Points.
  • If your spend includes a cent interval between $0.01 - and $0.04 the calculation of your Point total will round down to the nearest $0.10 increment. For example, if you spend $4.63 you’ll earn 46 Points.
  • If your spend includes a cent interval between $0.05 - and $0.09 the calculation of your Point total will round up to the nearest $0.10 increment. For example, if you spend $4.67 you’ll earn 47 Points.

At any point during the Rewards Program, Second Cup may issue special promotions that alter the rate at which Points are earned, such as Point Multipliers, Bonus Points, or other promotional offers on certain products, services, days, or portions of any day. Second Cup may make such promotional offers to all Rewards Program participants, or any subset of them, in its sole and absolute discretion. We may communicate issuance of these promotional offers via secondcup.com/rewards, the Second Cup Mobile App, and/or other means available to Second Cup. These Terms shall apply to such offers, along with any additional terms and conditions that accompany the offer, unless you are notified otherwise.

You can view your accumulated Point balance at any time by visiting secondcup.com/rewards and logging in to your Account using your Registration information. Additionally you may ask the sales associate when presenting your Rewards Card at a Participating Location for your balance, or for a Rewards Program transaction receipt.

Your Account and the Point balance on any Rewards Cards associated with it will only remain active for a period of one (1) year or more following the last use of a Rewards Card associated with your Account. To retain your Account in active status, or to reactivate an inactive Rewards Card, you must present your Rewards Card at the time of an Eligible Purchase at a Participating Location, use a Gift Card balance on your Rewards Card to make a purchase at a Participating Location, or redeem an earned Reward using your Rewards Card at least once in any year as measured from the last use of your Rewards Card. If your Account becomes inactive, any Points balance you had accumulated on Rewards Cards associated with the Account will remain and will not be forfeited or expire, unless as permitted by applicable law, this agreement, or the Rewards Program, is terminated in accordance with the terms hereof. For greater certainty, whether your Account is maintained in active status does not impact any Gift Card balance you have on a Rewards Card.

Gift Card balances do not expire.

In the event you return all or any part of an Eligible Purchase (as permitted under the then current Second Cup return policy) for which you earned Points, the Points earned in respect of such return shall be deducted from the Rewards Card used to make the returned purchase. This may cause the Point balance on your Rewards Card to become negative.

Points are for promotional purposes only and have no cash value.

All decisions of Second Cup with respect to Points (including, without limitation, the accuracy of a participant’s Point total and/or the validity of any Points) are final and binding on all participants without right of appeal. Points have no cash value and are not exchangeable for cash. Points have no value outside of this Rewards Program. Points cannot be sold. Points cannot be assigned, transferred, exchanged, traded, bartered, purchased, bequeathed, given by gift except as may be permitted by Second Cup in its sole and absolute discretion. Any Points acquired in violation of these Terms are void. The accumulation of Points does not entitle the participant to any vested rights, and Second Cup does not guarantee in any way the continued availability of any reward or any other benefit.

All Points are subject to verification at any time for any reason. Second Cup reserves the right, in its sole and absolute discretion, to invalidate any Points it deems to have been awarded in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of these Terms, as interpreted by Second Cup in its sole and absolute discretion. Any Points that cannot be verified to the complete satisfaction of Second Cup are subject to disqualification. Second Cup will not be liable for the failure of any Points to be captured or recorded for any reason.

As may be permitted under the applicable law, Points are reduced to zero (0) upon closure of an Account (regardless of the reason for Account closure). Upon the death or a participant, the associated Account will be closed and any Points in the Account will be forfeited. Points are reduced to zero (0) upon the termination of the Rewards Program. We may terminate your Account, this agreement with you, and reduce your Points to zero (0), if your Account becomes and remains inactive for a period of one (1) year or more, or any longer period specified by applicable law. If due to printing, production, online, internet, computer or other error of any kind, more Points are claimed or credited to a Rewards Card or Account than intended to be distributed according to these Terms (including without limitation any Bonus offer terms), then, in addition to having the right to terminate the Rewards Program immediately, Second Cup reserves the right, in its sole and absolute discretion, to rescind invalid Points claims, or to deduct such invalid Points from the applicable Rewards Card(s).

5. Redeeming Points

Participating Rewards Program members may redeem their accumulated Points in accordance with this section:

  1. When you reach 500 Points on a Rewards Card, you are eligible to receive a Free Beverage Reward ("Free Beverage Reward") from a Participating Location. A Free Beverage Reward consists of any beverage at a Participating Location, of any standard size, made using the standard recipe, with modifiers.
  2. When you reach a total of 1,000 Points on a Rewards Card, you are eligible to receive one (1) pre-packaged bag of whole bean coffee, up to 340 g size, from a Participating Location (“Free Whole Beans Reward”).
  3. Free Beverage Rewards and Free Whole Beans Rewards are collectively “Rewards”. When you redeem a Reward, the Points balance on your Rewards Card will be reduced by the number of Points required to obtain the applicable Reward.
  4. Any Points in excess of the amount redeemed for the Reward will remain on your Rewards Card and can be applied to subsequent transactions. For example, if you have 507 Points on your Rewards Card, and redeem a Free Beverage Reward, the transaction results in 500 Points being redeemed for the Free Beverage Reward and 7 Points will remain on your Rewards Card.
  5. To redeem a Reward, present your Rewards Card to the sales associate at the time of purchase, and inform the sales associate that you’d like to use your Reward.
  6. A Free Beverage Reward is not applicable on multi-serving portions, (coffee travelers, etc.).
  7. Additional personalized or special redemption offers or incentives may be distributed via email, promoted in-café, or made available via secondcup.com/rewardsthat may add additional manners in which you may redeem Points. These Terms shall apply to such offers and incentives, along with any additional terms and conditions that accompany the offer, unless you are notified otherwise. To receive such redemption offers and incentives via email, you must be opted in for email communications from Second Cup.

 

6. Privacy

Second Cup is committed to protecting your privacy. In connection with the Rewards Program, we collect and may use your personal information for the following purposes:

  1. To set-up, and administer the Rewards Program including the ongoing management of Rewards Accounts, and to accurately record Points and up-to-date Point balances;
  2. To process Point redemptions and issue Rewards, or other redemption offers pursuant to a special incentive offer;
  3. To allow members to participate in promotions and contests that we may offer from time to time;
  4. To communicate with members, including the delivery of the Second Cup e-Newsletter, for those that have consented to receive it;
  5. To understand member needs and preferences, and to help provide members with products and services that better meet your needs or interests;
  6. To recommend our products and services that may be of interest to members;
  7. To personalize Point redemption offers based on your Eligible Purchases, including the items purchased, locations and times of your purchases; and
  8. For other purposes in accordance with our privacy policy, which you can find here.

Second Cup will obtain your consent before using your personal information for a purpose that has not been specified, unless the new purpose is required by law. Member information is considered a Second Cup asset. If our business is transferred to a new owner, member personal information may be transferred to and considered an asset of the new owner.

7. Rewards Program Changes

For residents of Canada outside Quebec. Second Cup reserves the right to restrict, suspend or otherwise change any aspect of the Rewards Program. We may modify in whole or in part these Terms at any time. In particular, but without limiting the generality of the forgoing, we may modify:

  • The eligibility conditions for participating in the Rewards Program,
  • The manner in which an eligible participant participates in the Rewards Program,
  • The manner and rate at which Points are earned,
  • The manner and rate at which Points are redeemed

In the event these terms and conditions, or any aspect of the Rewards Program is restricted, suspended or changed, we will provide you advance notice by posting the amended terms and conditions on the Rewards Program website at secondcup.com/rewards, and by sending you notice using your email and/or mailing address. Your continued participation in the Rewards Program following such notice will constitute your express consent to any amendments to these terms and conditions, or any other aspect of the Rewards Program. Should you not agree to such an amendment, you may cancel your participation in the Rewards Program without cost, penalty or cancellation indemnity.

These Terms and Conditions are governed by the laws of Ontario and the federal laws applicable in Ontario.

For residents of Quebec. Second Cup reserves the right to restrict, suspend or otherwise change any aspect of the Rewards Program. We may modify in whole or in part these Terms at any time. In particular, but without limiting the generality of the forgoing, we may modify:

  • The eligibility conditions for participating in the Rewards Program,
  • The manner in which an eligible participant participates in the Rewards Program,
  • The manner and rate at which Points are earned,
  • The manner and rate at which Points are redeemed

In the event these terms and conditions, or any aspect of the Rewards Program is restricted, suspended or changed, we will provide you advance notice at least 30 days before the amendment comes into effect by posting the amended terms and conditions on the Rewards Program website at secondcup.com/rewards, and by sending you notice using your email and/or mailing address and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. Your continued participation in the Rewards Program following such notice will constitute your express consent to any amendments to these terms and conditions, or any other aspect of the Rewards Program. If the amendment entails an increase in your obligations or a reduction in our obligations, or if you should not agree to the amendment, you may refuse the amendment and rescind, or cancel your participation in the Rewards Program without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, at the address or email address indicated in the notice.

These Terms and Conditions are governed by the laws of the Province of Quebec and the federal laws applicable in that province, in respect of residents of Quebec.

8. Rewards Program Termination

Subject to the applicable law, if events beyond Second Cup’s control materially affect our ability to operate the Rewards Program, as determined by Second Cup in its sole and absolute discretion, the Rewards Program may be suspended or terminated without notice and without Second Cup incurring any liability or obligation.

Subject to the applicable law, Second Cup reserves the right to terminate the Rewards Program, or any component thereof, at any time on 60 days written notice (to be provided at Participating Locations, on the Rewards Website at secondcup.com/rewards, and/or through other communications to Rewards Program members, including e-mail).

Subject to the applicable law, Second Cup reserves the right to withdraw, amend or suspend the Rewards Program (or to amend these Terms) in any way, in the event of an error, omission, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of Second Cup that interferes with the proper conduct of the Rewards Program as contemplated by these Terms. Any attempt to deliberately damage any website, mobile application, or to undermine the legitimate operation of the Rewards Program in any way (as determined by Second Cup in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, Second Cup reserves the right to seek remedies and damages to the fullest extent permitted by law.

9. General

  1. There are no membership fees associated with Rewards Program.
  2. Your Points, registered Rewards Card(s), and your Account under the Rewards Program are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others, except as may be permitted by Second Cup in its sole and absolute discretion.
  3. Any abuse by a participant of the Rewards Program’s privileges, any failure by a participant to follow these Terms, or any misrepresentation by a participant may subject the participant to expulsion from the Rewards Program, including forfeiture of all accumulated Points and/or Rewards.
  4. Second Cup reserves the right to terminate your Account, your accumulated Points balance(s) on each Rewards Card associated with your Account and/or your participation in Rewards Program if Second Cup determines in its sole and absolute discretion that you have violated these Terms, or that the use of your Account is unauthorized, fraudulent or otherwise unlawful.
  5. These Terms constitute the entire agreement between you and Second Cup regarding your participation in the Rewards Program, your entitlement to collect and redeem Points, Rewards and your entitlement to any other benefits of the Rewards Program, and supersede all previous versions.
  6. Except as expressly contained in these Terms, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with Second Cup over the Internet, you consent to the formation of contractual relations through electronic communications. Second Cup has the final authority as to the interpretation of these Terms and as to any other questions or disputes regarding the Rewards Program.
  7. Every effort has been made to ensure that the information herein and on any related websites is correct. However, Second Cup is not responsible for and accepts no liability in relation to any errors or omissions in printed copies of these Terms nor those published from time to time on any website.
  8. Any waiver by Second Cup of the strict observance, performance or compliance by a participant with any provision of these Terms, 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 Second Cup as a result of any other failure to observe, perform or comply with the provisions of these Terms. No delay or omission by Second Cup in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
  9. By virtue of participating in the Rewards Program, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby agree to release The Second Cup Ltd., and each of its parent companies, subsidiaries, affiliates, and suppliers and any other third party that may from time to time participate in the administration or operation of the Rewards Program, and each of their respective officers, directors, agents, representatives, employees, successors and assigns (collectively, the "Releasees") from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to the Rewards Program, your participation therein and/or the redemption and use/misuse of any reward obtained through the redemption of Points under the Rewards Program. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL ASPECTS OF THE PROGRAM ARE PROVIDED "AS IS" WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  10. In the event that any provision in these Terms is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms.