Legal
Welcome to the Internet Site of Sears Canada Inc. This Internet Site comprises various Web pages and is owned and operated by Sears Canada Inc. or its subsidiaries and affiliates (collectively referred to herein as "Sears"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this Internet Site as well as all sale of products and services offered on this Internet Site are subject to the legal terms and conditions outlined below (collectively, the "Terms and Conditions").
Your use of this Internet Site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Sears reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the sears.ca website signifies your acceptance of such revised Terms and Conditions; therefore, we urge you to read them carefully each time you use this Internet Site.
Please note that the guidelines, policies and other terms and conditions of use and sale at the retail stores and/or catalogue of Sears and other Sears-affiliated or co-branded websites may vary.
Please also note that products, prices and promotions in retail locations, on the website and in our catalogues may vary.
Please also see our Security and Privacy Policy as well as our Pricing Policy and Returns Policy.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may copy electronically or print hard copies of any of the Web pages from this Internet Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Sears. Except when the express written authorization of Sears is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet Site. Sears reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.
PROHIBITED OR UNLAWFUL USE
You warrant to Sears that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site. SEARS EXPRESSLY PROHIBITS ANY UNAUTHORIZED THIRD PARTY LINKING TO SEARS.CA, including links to the home page or any other page on the sear.ca domain.
ACCOUNT NAME AND PASSWORD
For certain activities on this Internet Site, you are required to have an account name and a password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notify Sears immediately of any unauthorized use of your account. SEARS DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.
PROPRIETARY RIGHTS
"Sears.ca", Sears logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this Internet Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner. Portions of this site are authorized to operate under license of U.S. Patent Nos. 5,528,490, 5,761,649, and 6,029,142.
All content of this Internet Site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Sears or a Sears affiliate or by third parties who have licensed their rights to Sears. All such rights are expressly reserved.
REVIEWS AND ANSWER AREA
This Internet Site enables you to submit user-generated content. If you provide content, by completing a Customer Review or submitting content for the Answer Area, you grant Sears a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display what you have written throughout the world in any media. You also grant Sears the right to use the name you submit with the feedback or Customer Review, if any. You also allow Sears to group all content submitted within the same account in a user profile.
Questions, answers, reviews and all other information posted here reflect the opinions of the forum participants and in no way reflect the opinion of or are endorsed by Sears. Sears does not guarantee the accuracy or reliability of any information provided in the Answer Area. Sears makes no representation or warranty with respect to this forum and assumes no liability for incorrect product information, mistakes, misinformation, falsehoods, profanity, obscenity, or other inappropriate material posted by any forum participant. All Customer Answer Area content must be completed in accordance with Answer Area Guidelines. All Customer Reviews must be completed in accordance with Sears Customer Review Guidelines.
DISCLAIMER
PLEASE NOTE THAT ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEARS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF SEARS, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT SEARS DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKES THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SEARS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS INTERNET SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS INTERNET SITE. SEARS DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SEARS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF SEARS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SEARS TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You shall indemnify and save harmless Sears, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this Internet Site ONLINE
SHOPPING
In order to purchase through this Internet Site you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this Internet Site as payable by you. All prices listed on this Internet Site are in Canadian dollars and all charges will be processed in Canadian dollars. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. Sears reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Internet Site. In addition to any other rights or remedies, Sears may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at anytime.
ERRORS, INACCURACIES OR OMISSIONS
Sears makes every effort to ensure that the Content on this Internet Site is complete and current. However, Sears does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Sears reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Sears reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, Sears shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Sears. Please also see our Returns Policy.
PRICES
Please note that all prices listed on this Internet Site are for online purchases only and may not be matched at any Sears retail location. Similarly all prices at any Sears retail location may not be matched for online purchases on this Internet Site. Furthermore, Sears charges sales tax for products ordered on this Internet Site based on the applicable combined federal and provincial sales tax rate of the location to which the order is being shipped. Please also see our Pricing Policy.
COLOURS
Please note that although Sears attempts to display the colours of the product shown on this Internet Site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.
DELIVERY
If shipping or delivery services are made available by Sears, Sears will endeavour to ship or deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that Sears will not be held responsible for any delays in shipping or delivery. Where delivery is delayed, Sears will notify you as soon as possible. Sears will not deliver products to addresses located outside of Canada.
LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT
This Internet Site may contain links to other Internet Sites which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by Sears of such linked Internet Sites. All such other Internet Sites are wholly independent from this Internet Site and from Sears and Sears has no control or power over such other Internet Sites including their content. If you visit any of the linked Internet Sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.
ENTIRE AGREEMENT
These Terms and Conditions, together with the Pricing Policy , Returns Policy as well as the Security and Privacy sections of this Internet Site, constitute the entire agreement between Sears and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Sears and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Pricing Policy or Returns Policy , these Terms and Conditions shall prevail.
SEVERABILITY
These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW
The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
The insurance quotes being provided by this system are based on the information you, the user, provide and the underwriting criteria of Canada Life. All quotes are subject to verification by a Canada Life underwriter. Please ensure that all information provided is accurate in order to avoid delay or denial of coverage.
In the event that there are any discrepancies between the quotes being provided by this system and the quotes established by Canada Life based on the same information, the quotes established by Canada Life shall govern.
Canada Life reserves the right to refuse to issue an insurance contract to or accept for coverage any individual who has been previously convicted of insurance fraud.
The benefits and services provided through this quoting system are subject to the terms, conditions and limitations of the applicable agreement(s) governing them.
ACCEPTANCE OF TERMS
Canada Life provides its service (the "Service") to you, subject to the following terms and conditions, which may be updated by us from time to time without notice to you. By accessing or using this website you agree to be bound by these terms and conditions. In addition, you shall be subject to any other guidelines or rules applicable to the Service, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the terms and conditions.
COPYRIGHT
While the information on this website is available to everyone, Canada Life retains copyright on all text and graphic images.You are therefore prohibited from; Distributing the text or graphics for any purpose to others without the express written permission of Canada Life. Duplicating this information on your own website without the express written permission of Canada Life. Modifying or reusing the text or graphics on this website. You may, however, print copies of the information for your personal use or store the files on your own computer for your personal use. All other rights are reserved to Canada Life.
TRADEMARK
Canada Life owns or has obtained the right to use by license or otherwise the trademarks used on or in connection with the goods and services that it provides. The trademarks are protected by Canadian and foreign trademark laws. All rights reserved. The display of trademarks on this site shall not in any way be construed as an implied license to use such trademarks.™/® The trademarks of Sears Financial Services are used under license.
THE SERVICE
The purpose of the Service is to provide information on Canada Life and the products of Canada Life. The information provided through the Service is not intended to be financial, legal, accounting or tax advice and should not be relied upon in that regard. Information or data provided by Canada Life through the Service is believed to be reliable when placed on this site, but we do not guarantee it to be accurate, complete or current. Information provided through the Service is subject to change at any time without notice to users.
MODIFICATIONS TO SERVICE
Canada Life 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 Canada Life shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
INDEMNITY
You agree to indemnify and hold Canada Life, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, or your violation of the terms and conditions.
TERMINATION
You agree that Canada Life, in its sole discretion, may terminate your use of the Service for any reason, including, without limitation, if Canada Life believes that you have violated or acted inconsistently with the letter or spirit of the terms and conditions. Canada Life may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the terms and conditions may be effected without prior notice. Further, you agree that Canada Life shall not be liable to you or any third party for any termination of your access to the Service.
LINKS
The Service may provide, or third parties may provide, links to other websites or resources. Because Canada Life has no control over such sites and resources, you acknowledge and agree that Canada Life is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Canada Life shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
PRODUCT INFORMATION
Canada Life products advertised through the Service are: subject to the terms and conditions and limitations of the applicable agreements governing them; and available only in the applicable provinces and territories of Canada, or other jurisdictions where they may be legally offered.
The product information provided through the Service does not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation.
CANADA LIFE'S PROPRIETARY RIGHTS
You acknowledge and agree that the information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Canada Life, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CANADA LIFE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
b. CANADA LIFE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND (iii) ANY ERRORS WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CANADA LIFE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CANADA LIFE SHALL NOT 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 CANADA LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE.
GENERAL INFORMATION
The terms and conditions constitute the entire agreement between you and Canada Life and govern your use of the Service. The laws of the Province of Ontario and the applicable laws of Canada shall govern the terms and conditions and the relationship between you and Canada Life.
ENROLMENT
Membership in Sears Club is open to all residents of Canada who have a private label Sears branded credit card in good standing administered by JPMorgan Chase Bank, N.A. ("Chase"), such card being referred to as the "Sears Card". Corporate and other legal entities cannot be registered in this program. If your Card was issued by Sears Canada Inc. (“Sears”) (or its affiliates), please be advised that your account was transferred to Chase when Chase purchased the Sears credit card and financial services operations in November 2005.
STATEMENT ON COERCIVE TIED SELLING:
In accordance with the Bank Act, JPMorgan Chase Bank, N.A. ("Chase") does not engage in coercive tied selling. This means that Chase will not impose undue pressure on anyone to obtain a product or service as a condition for obtaining another product or service from Chase. However, we may offer bundled products or services at prices which are lower than the sum of the prices of the items when sold individually.
COLLECTING POINTS
You will be awarded two (2) Points for every $1 .00 (Cdn) in Net Purchases on your Sears Card at Sears stores, Sears catalogue or on sears.ca and one (1) Point for every $1 .00 (Cdn) on all other Net Purchases charged to your Account. “Net Purchases” means the dollar value of purchases of goods and services, exclusive of tax, made with your Sears Card, less any credits, returns or other adjustments as reflected on your monthly statements. Net Purchases also do not include cash advances, balance transfers, travelers' cheques, convenience cheques, cash equivalent transactions, over-credit limit fees and any other service fees and other charges charged to your account. Points are not transferable from one Sears Club member to another and in the case of refunds/credits to accounts, points earned on purchases subsequently refunded will be reversed. Points will not be awarded for Sears, Roebuck and Co. purchases, insurance, delivery, , Sears gift cards, Sears gift or merchandise certificates, travelers cheques or tobacco. Unless otherwise stated, optional financing programs do not qualify for Sears Club Points.
VERIFICATION OF YOUR POINTS
Your Sears Club Points activity will be sent to you as part of your Chase monthly billing statement (if you are entitled to receive an account statement for such month under the Chase Sears Card and Sears MasterCard Cardmember Agreement). The points portion of such statement shall be referred to herein as your Points Summary. You are responsible for reviewing each Points Summary you receive. If you believe there is an error or omission on any Points Summary you must notify Sears in writing within thirty (30) days from the statement date recorded on the Points Summary. If you do not notify Sears within thirty (30) days from the statement date of any error or omission, Chase and Sears will treat the Points Summary as complete and correct and it will be binding on you.
REDEEMING POINTS
Sears Club Points can be redeemed for Sears Rewards Cards, donated or converted for other rewards (if available). Rewards are subject to availability and certain additional restrictions may apply. Reward items are subject to change without notice in Sears sole discretion. Refer to your Sears Card account statement or sears.ca for further details. Members are encouraged to redeem any points that qualify for rewards in order to take full advantage of the loyalty program. On partial redemption, the first points collected on your account will be the first points redeemed. You may not combine cash or other tender with accrued Sears Club Points to acquire rewards.
POINT EXPIRY
Sears Club is our way of saying "Thank You" to our most frequent and loyal customers for using their Sears Card. However, points will expire 24 months from the month they were collected, if unredeemed, but you will be notified in advance on your Sears Card account statement (if you are entitled to receive an account statement for such month under the Chase Sears Card and Sears MasterCard Cardmember Agreement). Any Sears Card account that (i) has not collected any Sears Club Points for 12 consecutive months or (ii) is not current and in good standing shall be deemed inactive. All Sears Club Points in an inactive account will expire without prior notification or compensation. Once expired, points cannot be reinstated.
SEARS REWARDS CARDS
Sears Rewards Cards have no cash value, are not transferable and are valid for 6 months from the date of issue. Neither Chase nor Sears are responsible for replacing lost, damaged, stolen or expired Sears Reward Cards. Sears Rewards Cards are also subject to the terms and conditions printed thereon. Sears Rewards Cards are redeemable on purchases of Sears merchandise and select services of equal or greater value and cash back is not allowed. Sears Club Points or Sears Rewards Cards cannot be applied to your monthly statement as a credit to or payment on your Sears Card or other credit card account. Sears Rewards Cards may not be returned or exchanged for Sears Club Points.
When using Sears Rewards Cards at Sears Canada Inc. locations:
- Present your Sears Card along with the Sears Rewards Card at the time of purchase.
- The value of the Sears Rewards Card is redeemable towards merchandise/select services at Sears locations, sears.ca or Sears catalogue on purchases of equal or greater value than the Rewards Card.
- Sears Rewards Cards cannot be used for purchases at Sears, Roebuck and Co. stores in the U.S., Sears Gift Certificates, Sears Gift Cards, travellers’ cheques, insurance, at Sears Licensees, at Sears Club partner locations, or as a credit or payment to your account.
- Sears Rewards Cards are not redeemable for cash or C.O.D. orders.
- Applicable taxes must be applied to the full amount of the purchase when using a Sears Rewards Card.
SEARS CLUB
The accumulation of Sears Club Points does not entitle members to any vested rights and members may not rely upon the continued availability of any reward, reward level or other Sears Club benefit. Sears expressly reserves the right to alter, suspend or cancel the Sears Club program (in whole or in part) anytime with or without advance notice. Any such changes may affect Sears Club Points which a member has already accumulated as well as any future accumulation of points. Sears Club membership is a privilege which can be revoked by Sears in its discretion at anytime. Sears may, for instance, terminate your membership in Sears Club, forfeit your Sears Club Points without notice to you, upon fraud or abuse by you of the program, violation of these Terms and Conditions, any misrepresentation of information provided by you to Sears or Chase or for such other reason deemed appropriate by Sears. Administration of the Sears Club program, including the interpretation, allocation and redemption of Sears Club Points is the sole responsibility and discretion of Sears.
You are responsible for any personal tax liability relating to your participation in Sears Club or arising from the accrual or redemption of Sears Club Points. By participating in the Sears Club program, you agree to indemnify and hold harmless Sears and Chase (and their respective affiliates) in respect of any loss or damage you may experience as a result of your participation in the Sears Club program, including without limitation any dispute you may have regarding point balances. The collection, use and disclosure of your personal information is governed by the Sears privacy policy and Chase privacy policy. You expressly agree that Chase and Sears are entitled to share information in accordance with these privacy policies and as necessary to administer Sears Club. It is the express wish of the parties that these Terms and Conditions and any related documents be drawn up and executed in English. Les parties ont expressément demandé que les présentes règles et tous les documents s'y rattachant soient rédigés et signés en anglais.
SEARS MASTERCARD SEARS CLUB™
TERMS AND CONDITIONS
1. Definitions:
In these Rules the following words will have the meanings described opposite them:
(a) "Account" means the Sears Canada Inc. ('Sears') branded MasterCard® account opened in the Cardholder's name to which all debt is charged. If your Card was issued by Sears or Sears Canada Bank, please be advised that your account was transferred to Chase when Chase purchased the Sears credit card and financial services operations in November, 2005;
(b) "Card" means each Sears branded MasterCard credit card issued by Chase on the same Account in Cardholder's and any authorized user's name and all renewals of and replacements for each Card;
(c) "Net Purchases" means the dollar value of purchases of goods and services, inclusive of tax, made with your Card, less any credits, returns or other adjustments as reflected on your Account's monthly statements. Net Purchases also do not include cash advances, balance transfers, travelers' cheques, convenience cheques, cash equivalent transactions (e.g. purchases of casino gaming chips or money orders) , over-credit limit fees and any other service fees and other charges charged to your account;
(d) "Points" means the points that accrue to your Reward Account pursuant to your participation in the Program;
(e) "Points Summary" has the meaning given to it in Section 6;
(f) "Program" means the Sears MasterCard Sears Club Reward Program;
(g) "Reward Account" means the account opened by Sears in your name for the crediting and debiting of Points in connection with the Program:
(h) "Rules" means these Sears MasterCard Program terms and conditions;
(i) "Chase" means JPMorgan Chase Bank, N.A.; and
(J) "you", "your" and "Cardholder" each mean the person in whose name an Account was opened, who is responsible for repayment of all debt incurred in respect of the Account and whose name is embossed on the Card. You agree with us as follows:
2. General Terms and Conditions of Rules:
(a) These Rules apply to the Program; (b) These Rules replace all prior terms and conditions with respect to the Program; (c) The Program and any benefits derived thereunder are offered at the sole discretion of Sears; (d) If you activate, sign, use or accept the Card, it will mean that you have received and read these Rules and that you have understood and agreed to be bound by them.
3. Eligibility:
Enrollment in the Program is automatic with your Account. Membership is solely for the benefit of Cardholders and is restricted to Cardholders whose Accounts are current and in good standing.
4. Points:
The Program is based on a point system. Points awarded under the Program have no cash value and cannot be redeemed for cash or used as payment for any obligations owed to Chase, including as credit against your Account. Points earned by you may not be transferred to another person. Sears may occasionally offer bonus Points and information on how to take advantage of these bonus Points will be provided to you, if applicable. Any Account that has not had any activity for twelve (12) consecutive months shall be deemed inactive. All Points in an inactive Account will expire without prior notification at the end of any consecutive twelve (12) month period. Once expired, Points cannot be compensated or reinstated.
5. Earning Points:
Your Reward Account will be awarded two (2) Points for every $1 .00 (Cdn) in Net Purchases on your Card at Sears stores, Sears catalogue or on sears.ca and one (1) Point for every $1 .00 (Cdn) on all other Net Purchases charged to your Account during the operation of the Program. Any credits posted to your Account statements will be deducted from the Points accumulated in your Reward Account. Unless otherwise stated, optional financing programs do not qualify for Points.
6. Verification of Your Points:
Your Points activity will be sent to you as part of your Chase monthly billing statement. The Points portion of such statement shall be referred to herein as your Points Summary. You are responsible for reviewing each Points Summary you receive. If you believe there is an error or omission on any Points Summary you must notify Sears in writing within thirty (30) days from the statement date recorded on the Points Summary. If you do not notify Sears within thirty (30) days from the statement date of any error or omission, Chase and Sears will treat the Points Summary as complete and correct and it will be binding on you.
7. Points Redemption:
Points may be redeemed for Program rewards. Points may be redeemed by the Cardholder or an authorized user on the Account. You may redeem Points only if your Account is current and in good standing and during the operation of the Program. Any Points redeemed by an authorized user from your Reward Account will be deemed to have been done so with your knowledge and authorization. Points can be redeemed for gift certificates, gift cards, rewards cards or specific merchandise as determined by Sears in its sole discretion. Reward options may change from time to time. Certain reward options may expire if not used within a designated time period following issuance. Please visit www.sears.ca for details on redemption options as well as restrictions and limitations. To redeem the Points in your Reward Account, you or any authorized user on your Account may call the Sears MasterCard Sears Club Reward Redemption Centre at 1-800-901-9978. No cash refunds or partial rewards will be issued upon redemption of your Points. You may only redeem Points that have appeared on your Points Summary. You may not combine cash or any other legal tender with accrued Points to acquire rewards under the Program.
8. Limitation of Liability:
If you are denied any reward under the Program for which you are entitled, your sole recourse will be with Sears and Sears' liability shall be limited to the equivalent value of the reward denied. Under no circumstances shall Sears, Chase, MasterCard International Incorporated nor any of their respective subsidiaries, affiliates, employees, officers, directors, successors and assigns be liable for any loss or damage suffered by you or any other person as a result of any of the following:
(a) arising from or related to the Program;
(b) failure to provide you with your Points Summary;
(c) any Cardholder correspondence or reward sent by Chase or Sears that is lost or delayed in the mail;
(d) Points redeemed by an authorized user on your Account;
(e) cancellation, suspension or termination of the Program for any reason;
(f) cancellation, suspension or termination of your membership in the Program for any reason;
(g) the cancellation or termination of your Card or the closing of your Account;
(h) the forfeiture of any or all of your Points for any reason; or
(i) the non-performance, performance or action of any reward supplier in any way.
9. Collection of Personal Information:
The collection, use and disclosure of your personal information by Chase is governed by the privacy policy previously sent to you by Chase. You expressly agree that Chase and Sears are entitled to share information necessary to administer the Program. Personal information collected, used and lor disclosed by Sears shall be in accordance with Sears' privacy policy.
10. Changes to Program:
Sears and Chase each reserve the right to change, cancel or suspend the Program or modify these Rules, at any time, without advance notice to you. Change to or suspension of the Program or modification of these Rules may result, at the discretion of Chase and/or Sears, in the forfeiture of your Points and/or a change in the rewards available for redemption of your Points.
11 . Interpretation:
All questions and disputes regarding the accrual of Points or the conversion of Paints into rewards and all other matters relating to the Program shall be resolved by Chase and/or Sears in their sale discretion. The interpretation of the Rules is the sale responsibility of and subject to the final authority of Chase and/or Sears.
12. Taxes:
You are responsible for any personal tax liability relating to your participation in the Program or arising from the accrual or redemption of Points or the receipt of any rewards.
13. Termination:
Chase and/or Sears may terminate the Program, at any time, without advance notice to you. In the event of a cancellation of the Program, you will be given thirty (30) days to redeem your accumulated Points. Chase and/or Sears may terminate your membership in the Program, forfeit your Points and close your Account, without notice to you, upon fraud or abuse by you of the Program, violation of these Rules, any misrepresentation of information provided by you to Chase, upon personal bankruptcy or for such other reason deemed appropriate by Sears and/or Chase. If you withdraw from the Program or close your Account, your Points will automatically be forfeited.
14. Program Rewards:
Reward items are subject to availability and certain restrictions may apply. Reward items are subject to change without notice. If the reward item you have chosen is not available, a reward item of equal or greater value may be substituted without notice to you. Pricing for reward items and fulfillment fees are subject to change without notice. Pricing lists for reward items are updated periodically. The rewards include all applicable sales taxes.
Rewards have no cash value. Rewards may not be refunded or exchanged and cannot be resold. Rewards can not be applied to your monthly billing statement as a credit to or payment on your Account. Rewards may not be returned or exchanged for Points.
Your rewards will be shipped to you at your most recent address in Chase's records, unless you instruct Chase otherwise. Delivery of the rewards will be made by ground delivery service or first-class mail, at the sale discretion of Sears. Allow at least 4 to 6 weeks for delivery. Sears cannot ship rewards to a Post Office Box or to any address outside Canada.
(a) Merchandise Rewards: You shall be responsible for all shipping and handling costs relating to the delivery of merchandise rewards, which charges shall be debited to your Account. Returns will only be accepted for merchandise rewards that have been damaged, defective or mis-shipped. Only the manufacturer's warranty applies to merchandise rewards offered under the Program.
(b) Gift Certificate or Gift Card Rewards: Use of gift certificate or gift card rewards is subject to the terms and conditions printed thereon. Neither Chase, Sears, nor any other third party is responsible for replacing lost, stolen or expired gift certificate or gift card rewards. Gift certificate and gift card rewards must be surrendered upon redemption and are void if altered. No photocopies or facsimiles of gift certificate or gift card rewards will be honoured. Gift certificate rewards shall include all applicable shipping and handling costs.
Sears Club Rewards Cards: Use of Sears Club Rewards Cards are subject to the terms and conditions printed thereon. Neither Chase nor Sears, are responsible for replacing lost, stolen or expired Sears Club Reward Cards.
Sears Club Rewards Cards are void if altered. No photocopies or facsimiles of Sears Club Rewards Cards will be honoured. Sears Club Rewards Cards shall include all applicable shipping and handling costs.
When using a Sears Club Rewards Card at Sears Canada Inc. locations:
Present your Card along with the Sears Club Rewards Card at the time of purchase or when picking up a catalogue or website order.
- The value of the Sears Club Rewards Card is redeemable towards merchandise/select services at any Sears Canada Inc. location on purchases of equal or greater value than the Sears Club Rewards Card. No change will be provided if the value of the Sears Club Rewards Card exceeds the value of the merchandise against which it is being redeemed.
- Sears Club Rewards Cards cannot be used for purchases at Sears, Roebuck and Co. stores in the U.S., Sears' Licensees, or Sears Club partner locations, or to purchase Sears Gift Cards, travellers' cheques or insurance.
- Sears Club Rewards Cards are not redeemable for cash , C.O.D. orders and cannot be reconnected to Points, and Points cannot be collected at time of redemption.
- Federal and provincial taxes must be applied to the full amount of the purchase.
15. Language:
It is the express wish of the parties that these Rules and any related documents be drawn up and executed in English. Les parties ont expressément demandé que le présent Règlement et tous les documents s'y rattachant soient rédigés et signés en français.
The trademarks 'Sears' and 'Sears Club' are used under licence by JPMorgan Chase Bank, N.A.
A. MasterCard is a registered trademark of MasterCard International Inc, used pursuant to licence.
© 2008 JPMorgan Chase Bank, N.A.