PRIVACY POLICY & TERMS OF SERVICE
The following Terms of Service reflect the policies for the communities under the JUMP Rewards Program operated by Preferred One Inc.
PRIVACY POLICY
Preferred One Inc. will use its best efforts to protect your privacy and any information that we may collect. Your registration information is for the purpose of verifying your credentials so we can protect your privacy as best we can against unauthorized participants. We do not use that information for any commercial purpose. Preferred One Inc. will not sell your information to third parties, nor will we access or sell your corporation and employees information to third parties.
Your JUMP Rewards web portal (the “Portal”) may use cookies to enable your experience with the site. A session variable may be placed on your computer so that you can browse from merchant to merchant. These session variables are intended to help facilitate in crediting your organization with the correct monies owed to you. Preferred One Inc. does not use these types of electronic identifiers to track your comings and goings on the Internet or to identify individual product purchases made through the Portal.
The Portal may include links that direct you off our site and onto another site that may have its own privacy policy that differs from, and is not covered by, this privacy policy.
It is the responsibility of the individual shopper to read the privacy policy of any merchant website he/she visits. Preferred One Inc. is not responsible for the privacy policy terms, shipping terms, liability statements or terms of service located on any merchant website.
TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Preferred One Inc. provides services through the Portal for corporate members and their employees or related parties (the “Members”) to shop at third parties sites and manage every purchase on your behalf. The Portal can do this using a variety of tools over the Internet's World Wide Web currently located at the URL address, www.vwgiftcard.ca (the "Service"). Our provision of this Service is subject to the following terms and conditions and any rules, guidelines or policies (collectively, "Terms of Service") that may be published from time to time by Preferred One Inc. Preferred One Inc. may update any or all of the Terms of Service from time to time without notice. You understand that the Service is provided "AS IS" and that Preferred One Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any member, sponsor, or group communication.
2. USER REGISTRATION, PASSWORD AND SECURITY
As a condition of using the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your corporation (the "Registration Data") as prompted by the forms; (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Preferred One Inc. has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Preferred One Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service. You will receive a password upon completing the Registration Form. You are responsible for maintaining the confidentiality of that password. You agree to notify Preferred One Inc. immediately of any unauthorized use or loss of your password.
3. MEMBER PRIVACY
Registration Data and certain other information you provide to or through the Service are subject to our Privacy Policy, above.
4. TERMINATION
You agree that Preferred One Inc., in its sole discretion, may terminate your password, account or use of the Service, for any reason, including without limitation, for lack of use or if Preferred One Inc. believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Preferred One Inc. may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, without notice. You agree that any termination of access to the Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Preferred One Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Preferred One Inc. shall not be liable to you or any third party for any termination of access to the Service.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service, use of the Service or access to the Service.
6. PRACTICES REGARDING USE AND STORAGE OF DATA
You agree that Preferred One Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications. You acknowledge that Preferred One Inc. reserves the right to terminate accounts that are inactive for an extended period of time. You acknowledge and agree that Preferred One Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7. MODIFICATIONS TO SERVICE
Preferred One Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Preferred One Inc. shall not be liable to you or any third party for any modification to or discontinuance of the Service.
8. CONTENT POSTED ON THE SERVICE
You agree that upon posting any material, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (the “Content”), you grant Preferred One Inc. and its successors and assigns, a non-exclusive worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce the Content to other members. You also grant Preferred One Inc. the right to authorize the downloading and printing in whole or in part of the Content for promotional purposes that you have posted on the Service. You agree to take whatever action necessary to protect your own intellectual property rights, including the posting of appropriate copyright notices.
9. THE PORTAL PROPRIETARY RIGHTS
You acknowledge and agree that the Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by the Portal and its Sponsors is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way the Content available through the Service, including code and software.
10. EXTERNAL LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites and resources. You acknowledge and agree that Preferred One Inc. is not responsible for the availability of these outside resources, and does not endorse and is not responsible for any Content, advertising, products or other material on or available from such sites or resources. You further acknowledge and agree that Preferred One Inc. shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such Content, goods or services available on or through any such sites or resources.
11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PREFERRED ONE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PREFERRED ONE INC. MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR (E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PREFERRED ONE INC. MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ITS SPONSORS, THIRD PARTIES OR MEMBERS, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH MEMBER, THIRD PARTIES OR SPONSORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PREFERRED ONE INC., THE JUMP REWARDSS PROGRAM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PREFERRED ONE INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PREFERRED ONE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PREFERRED ONE INC. IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. APPLICABLE LAW
The Terms of Service constitute the entire agreement between you and Preferred One Inc. and govern your use of the Service, superseding any prior agreements between you and Preferred One Inc. The Terms of Service and the relationship between you and Preferred One Inc. shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to its conflict of law provisions. You and Preferred One Inc. agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario. The failure of Preferred One Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Service shall remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect or significance.