TERMS & CONDITIONS
GLOBO REWARDS PROGRAM TERMS AND CONDITIONS
1. GENERAL TERMS
The GLOBO Rewards Program (the “Program”) is sponsored by the GLOBO division of The Aldo Group Inc., 2300 Emile-Belanger, Montreal, QC, H4R 3J4 (hereafter “GLOBO”).
By enrolling in the Program and/or earning reward points under this Program (“Reward Points”), you agree to: (i) be bound by these terms and conditions, as they may change from time to time (the “Program Terms”) and (iii) give GLOBO the right to use your transactional and profile data to send personalized program communications and special offers to the email address provided during enrollment.
You are responsible for remaining knowledgeable about the Program Terms. The most current online version of these terms will supersede all previous versions of these terms.
In these Program Terms, “member”, "you" and "your" mean each member enrolled in the Program.
This Program is open only to individuals who are legal residents of Canada, who are at least eighteen (18) years of age as of the date of enrollment and have the capacity to enter into a binding contract. The Program is void elsewhere and where prohibited. Corporations, resellers, or other entities or organizations of any kind are not eligible for the Program. Employees of GLOBO and their immediate families are prohibited from joining.
3. REWARDS ACCOUNT
To enroll in the Program and to set up your rewards account (“Rewards Account”), you must register at www.rewards.globoshoes.com. To complete your registration and to be eligible for receiving Reward Vouchers, you must: (i) enter your first name, last name, e-mail address, and full mailing address; and (ii) accept the Program Terms. Enrollment confirmation and other program communications will be sent to the email address indicated in your member profile.
Only one Rewards Account per person and per email address is valid. This means a person with multiple email addresses cannot have more than one Rewards Account. Rewards Points cannot be combined from multiple accounts or transferred from one account to another unless authorized by GLOBO. A summary of a member’s Rewards Account may be viewed at www.rewards.globoshoes.com.
4. REWARD POINTS
When you present a valid email address from your member profile, you earn points on the eligible purchase amount at the rate of one (1) point per Canadian dollar spent, rounded to the nearest dollar. The eligible purchase amount is the transaction total for merchandise after any discounts and does NOT include taxes or shipping. Transactions that can earn points include all of your purchases of merchandise (excluding the purchase of GLOBO gift cards) at any GLOBO stores located in Canada and at globoshoes.com. For greater clarity, purchases of GLOBO gift cards do NOT qualify as an eligible purchase amount, but points may be earned when the GLOBO gift card is used for the purchase of merchandise. A transaction may earn points for only one Rewards Account. Bonus points may be earned on certain purchases or non-purchase activities as defined by GLOBO from time to time. GLOBO reserves the right to limit promotional offers for bonus points to selected members and to terminate bonus point offers at any time. Reward Points cannot be earned or claimed on purchases made prior to your enrollment date. Bonus points cannot be earned prior to the start date of any bonus promotions associated with the Program.
GLOBO will attempt to credit a member’s Rewards Account with Reward Points on a timely basis; however, each member shall have the responsibility of ensuring that his or her points are properly credited. If points are not issued for an eligible transaction, you may request the missing points up to 90 days after the original transaction by calling us at 1-800-473-5138 or writing to us at email@example.com. You will be asked to provide certain transaction-related information on the receipt to verify the purchase. All requests are subject to verification. GLOBO's decision as to whether or not points will be earned is final.
Members must remain active in the Program to retain Reward Points they accumulate. If a member does not complete his or her online profile or if a member is not active for 12 consecutive months, that member will forfeit all accumulated Reward Points. Members can remain active in the Programs and retain accumulated Reward Points by earning Reward Points or redeeming Vouchers at least once every 12 months, subject to the exceptions described below.
GLOBO may adjust your Rewards Account status or Reward Points balance at any time and without notice, due to any computer or other error, technical issues experienced by GLOBO, machine malfunction, fraud or other misuse of the Program. All transactions involving Reward Points are subject to review and verification by GLOBO.
Reward Points you earn or Vouchers you are awarded may be subject to taxation, for which you are solely responsible. GLOBO will not be responsible for any tax consequences which may flow from your participation to the Program.
You may review your Reward Points balance and Rewards Account activity at www.rewards.globoshoes.com.
GLOBO shall have no liability for any reproduction, typographical, mechanical or other errors in the Rewards Account or any summaries distributed by GLOBO or its agents, for any delay or failure to credit Reward Points to Rewards Accounts. GLOBO reserves the right to invalidate Reward Points from a member's Rewards Account with notice if it determines in its sole discretion that such points were improperly credited to such member's Rewards Account or were obtained fraudulently or otherwise in violation of these Program Terms. GLOBO reserves the right to require proof of accrual of Reward Points and GLOBO reserves the right to delay the processing or redemption of any Reward Points without notice, in order to assure compliance with the Program Terms outlined herein. Members, by participating in the Program, are responsible for maintaining the confidentiality of their Rewards Account and password and for restricting access to their computers. Members agree to accept responsibility for all activities that occur under their Rewards Account or password. Without limiting any other remedies, GLOBO may suspend or terminate any Rewards Account if GLOBO suspects, in its sole discretion, that any member or other person has engaged in fraudulent activity in connection with this Program. Reward Points do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Reward Points are not redeemable for cash, transferable or assignable for any reason. The sale, barter, transfer or assignment of any accumulated Reward Points, other than by GLOBO, is strictly prohibited. Any Reward Points which GLOBO deems to have been transferred, sold, bartered or assigned in violation of the Program Terms may be confiscated and/or canceled.
5. CONVERTING REWARD POINTS AND REDEEMING REWARD VOUCHERS
You are eligible for reward vouchers as follows:
- 100 points for a $5 CAD voucher
- 200 points for a $10 CAD voucher
- 300 points for a $15 CAD voucher
- 400 points for a $20 CAD voucher
- 500 points for a $25 CAD voucher
The Company will issue a maximum of one (1) reward voucher (“Reward Voucher”) on a quarterly basis for any 100 points or more earned during the preceding quarter and for a maximum of 500 points. Any Reward Points balance will carry over into the next earning period. Vouchers will be sent to the email appearing in your Rewards Account at the time of issuance.
Reward Vouchers may be redeemed for purchases of any merchandise for sale online by applying the promo code at time of checkout or in store by remitting a print copy of the Reward Voucher or showing the email on any mobile device to the GLOBO salesperson. You may redeem one Reward Voucher at a time for a maximum value of $25. The value of the Reward Voucher will be applied against the total value of the merchandise, excluding applicable taxes and shipping fees. For purchases made online, the value of the Voucher must not exceed the total amount of the transaction, before taxes. You may not use Reward Vouchers for the payment of shipping fees. Any applicable shipping fees will be invoiced separately.
You will be able to use Reward Vouchers on any merchandise for sale including marked down and clearance items. Vouchers may not be combined with any other promotional offers, unless otherwise noted on the offer. Any application taxes will be payable on the value of the merchandise after the reduction of the value of the Reward Voucher and on the applicable shipping fees. Each Reward Voucher issued will have a unique reward number and may be used only once. Once Reward Points are converted to a Voucher, these points cannot be deposited back into your Rewards Account, except when merchandise purchased online is returned in compliance with GLOBO Return Policy. For any return of merchandise purchased in-store, you will receive a gift card in an amount corresponding to the value of the Reward Voucher applied to the purchase of the returned merchandise. Reward Vouchers are not transferable and may not be sold, resold, exchanged or bartered.
Reward Vouchers expire ninety (90) days from date of issuance. Reward Vouchers may only be used once and are void after first use. No cash or credit or refund will be given for the unused portion of any Vouchers.
All dollar amounts referred to in these Program Terms are in Canadian dollars.
6. MODIFICATION AND TERMINATION OF PROGRAM
Membership in the Program is offered at the discretion of GLOBO and GLOBO reserves the right to modify the Program Terms, Reward Points structure or redemption values, benefits, reward levels, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Reward Points and Reward Vouchers and their respective duration or timing, or any other aspect of the Program, in whole or in part, at any time, with or without notice, even though such changes may affect the redemption value of the points already accumulated or the Reward Vouchers already issued. GLOBO will give reasonable advance notice of any modification of the Program Terms hereof which may adversely impact your Rewards Account. Members understand that the most recent version of the Program Terms will be located at the Program website. A member's continued use of the Program following the posting of any modification to the Program Terms on the Program website will indicate the member's acceptance of any modification to the Program Terms hereof. Any member may object to the modification to the Program and/or its terms by no longer participating.
The Program may be terminated at the sole discretion of GLOBO. GLOBO shall give conspicuous notice at least sixty (60) days prior to the date that such termination becomes effective, during which time you may still redeem Reward Vouchers. GLOBO shall not be required to give sixty (60) days’ notice if such termination is due to the filing of a petition in bankruptcy, an adjudication of bankruptcy, insolvency, an assignment for the benefit of creditors, or any other discontinuance of business. All Reward Points must be redeemed prior to the effective date of termination. You should not rely upon the continued availability of the Program or any Reward Points accumulated in connection therewith.
7. LIABILITY LIMITATIONS
GLOBO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR ARE IN ANY WAY CONNECTED WITH (A) ANY USE OF THE PROGRAM, OR ANY REWARD POINTS OR VOUCHERS, (B) ANY FAILURE OR DELAY BY GLOBO IN CONNECTION WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE PROGRAM BY GLOBO, EVEN IF GLOBO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. SOME PROVINCES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
GLOBO MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBO EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ITS PROGRAM WILL BE ERROR-FREE. GLOBO FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. GLOBO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME PROVINCES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
You may update your personal information or change your password at any time when you log into your GLOBO Rewards Account here.
9. GOVERNING LAW AND JURISDICTION
These Program Terms shall be construed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to principles of conflict of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10. DISPUTE RESOLUTION; INJUNCTIVE RELIEF
IF YOU ARE RESIDING IN THE PROVINCE OF QUEBEC OR IN THE PROVINCE OF ONTARIO OR ANY OTHER PROVINCE OR TERRITORY WHERE THIS SECTION 10 MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS, THEN THIS SECTION 10 DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE LAWS OF YOUR PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION CLAUSES IN THE CONTEXT OF CERTAIN AGREEMENTS WITH CONSUMERS.
Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present Agreement (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding its negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including schedule A below) (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, in accordance with the arbitration rules set out in schedule A below, which schedule is incorporated into and forms an integral part of this Agreement. However, before you submit a Claim for arbitration, you must first contact our customer service representatives at 1-800-473-5138, and give us an opportunity to resolve the dispute. Similarly, before GLOBO takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or GLOBO is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in schedule A below.
For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal or provincial, in respect of any matter whatsoever relating to this Agreement including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in this Agreement or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THIS AGREEMENT SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND GLOBO BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 10, schedule A or any other provision of this Agreement, GLOBO shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
The headings are inserted for convenience of reference only and do not affect the construction or interpretation of these Program Terms.
12. NO ASSIGNMENT
You may not assign your rights or obligations under the Program and/or the Program Terms without the express written consent of GLOBO.
These Program Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
If any part of these Program Terms is found to be void or unenforceable under applicable law, all other parts of the terms and conditions will still apply.
15. ENTIRE AGREEMENT
These Program Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and GLOBO in connection with the Program, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by GLOBO making such amendments or modifications available to it pursuant to these Program Terms.
16. NO WAIVER
The failure of GLOBO to enforce any provision of these Program Terms or to respond to a breach by you or any third party of these Program Terms shall not in any way waive the right of GLOBO to subsequently enforce any of the terms contained herein or to act with respect to similar breaches.
17. ENGLISH LANGUAGE
You expressly agree that these Program Terms and all ancillary documents be drafted solely in English. Vous consentez expressément à ce que ces termes et tous les documents y afférents soient rédigées en anglais seulement.
© 2016 The Aldo Group Inc. All rights reserved.