Effective as of March 1, 2021
Two Sisters Vineyards Corp. (“Two Sisters” or “we” or “us” or “our”) is excited to announce that it will be starting the Two Sisters Vineyards Rewards Program (“Rewards Program”) on March 1, 2021 for its VIP Wine Club Members and Vintage Collectors Club Members. The Rewards Program allows members to collect points on all purchases (including club shipments) made at Two Sisters Vineyards (excluding Kitchen76) to be redeemed towards future wine purchases via online website and wine boutique in Niagara-on-the-Lake.
These Rewards Program Terms and Conditions (“Terms”) set out the terms and conditions applicable to the Rewards Program. Please read the Terms carefully. By participating in the Rewards Program, you agree to comply with these Terms, and with applicable laws. All new members are automatically enrolled into program. Current members will be automatically enrolled, but points cannot be redeemed until terms and conditions have been acknowledged and signed by member.
The Rewards Program is void where prohibited by applicable laws, and we reserve the right to change these Terms as may be necessary to comply with applicable laws or for other reasons, as described below. You should review these Terms to understand the terms and conditions that apply to the Rewards Program, as they may change from time to time.
There is no cost to participate in the Reward Program. Reward Points are generated by eligible purchases of Two Sisters wine, as described below.
1. Participating in the Rewards Program
1.1 The Rewards Program is offered at Two Sisters’ sole discretion, and is available to eligible individuals for their personal use only. The Rewards Program may not be used for any business or commercial purpose and Two Sisters may refuse to create an account for any reason.
1.2 Only individuals who are Two Sisters VIP Wine Club members and Vintage Collectors Club Members may enroll as members and participate in the Rewards Program. Existing VIP Wine Club members and Vintage Collectors Club members are automatically enrolled in the Rewards Program and each new VIP Wine Club member and Vintage Collectors Club member will be automatically enrolled in the Rewards Program when they become members.
1.3 All members must be Canadian residents and must be the age of majority and legal drinking age in their jurisdiction of residence.
2. Collecting Rewards Points
Once you are enrolled in the Rewards Program, you can collect Reward Points by making eligible purchases of Two Sisters wine, as described below.
2.1 Reward Points are collected exclusively on wine purchases made either on our online shopping platform and in our wine boutique, and on members’ quarterly shipments. Reward Points cannot be earned through purchases at Kitchen76 or any other Two Sisters facility, or through purchases of any other products or services. Two Sisters will, from time to time, offer exclusive offerings of triple or bonus point opportunities that will be a limited time offer.
2.2 Reward Points are earned on eligible wine purchases as follows:
• VIP Wine Club Members earn Reward Points equivalent to the value of 1% of the net pre-tax total purchase price (purchase price less discounts, and not including shipping fees or any additional amounts required by law) of their wine purchases, rounded to the nearest dollar spent.
• Vintage Collectors Club Members earn Reward Points equivalent to the value of 2% the net pre-tax total purchase price (purchase price less discounts, and not including shipping fees or any additional amounts required by law) of their wine purchases, rounded to the nearest dollar spent.
By way of example only, on a $100 wine purchase a VIP Wine Club Member would collect 100 Reward points and a Vintage Collectors Club Member would collect 200 Rewards Points.
If a member’s status changes (for example, a VIP Wine Club member becomes a Vintage Collectors Club member) then the member will start earning the new applicable Reward Points on eligible purchases after that status change takes effect.
2.3 Reward Points are earned when the member pays for the eligible purchase.
2.4 Two Sisters may refuse to record Rewards Points in your member account (or to cancel or refuse to honour any Rewards Points already collected) if Two Sisters cannot confirm that the Rewards Points were properly issued or collected.
2.5 No Reward Points will be earned on any purchase that is returned, exchanged or cancelled.
2.6 No Reward Points will be earned on any purchase that is wholly paid for using Reward Points or a gift card. If a purchase is partially paid with Reward Points or a gift card, the member will only earn Reward Points on the portion of the purchase that is not paid with Reward Points or gift card.
2.7 You must address any discrepancies in Reward Points collected within 45 days after the date that the transaction giving rise to the discrepancy occurred, unless the discrepancy involves Rewards Points collected in your member account improperly or in error. If Two Sisters determines that any Rewards Points in your account were collected improperly or in error, Two Sisters may deduct those Rewards Points from your account.
2.8 Reward Points are non-transferable, non-assignable, and may not be sold, traded, or otherwise dealt with by a member. Reward Points have no cash value (except where required by law). You have no property rights in or to Reward Points or any other Reward Program benefits.
2.9 Upon a member’s death or the closure of a member’s Rewards Program account, all collected Rewards Points will be forfeited without compensation and the Rewards Points balance will be reduced to zero. Rewards Points are not divisible in the case of divorce.
3. Redeeming Reward Points
3.1 Reward Points may only be redeemed towards wine purchases made through our online shopping platform and on-site at the Two Sisters wine boutique in Niagara on the Lake, Ontario. Reward Points may not be redeemed towards any other purchases, services or quarterly shipments. Reward Points may not be redeemed at Kitchen76.
3.2 Every Reward Point you earn can be redeemed as a $1 credit against an eligible purchase. You may only redeem Reward Points in $10 increments, and each entire $10 increment will be redeemed regardless of the cost of your purchase.
3.3 Refunds are not applicable on any order purchased with rewards points. Redemption is final.
3.4 Reward Points may not be used in conjunction with any other discounts or offers.
3.5 Reward Points are not redeemable for cash. You may not redeem Reward Points in a transaction that is greater than 75% toward the dollar value of your purchase. No cash back will be provided on Reward Points redemptions.
3.6 Upon redeeming Reward Points, your Reward Points balance will be reduced by the equivalent number of Reward Points redeemed during your purchase.
3.7 Any applicable taxes will be calculated and payable by the member on the purchase price of the eligible purchase after any reduction for redeemed Rewards Points. Two Sisters may add other fees to the purchase price as required by law.
3.8 Reward Points may not be redeemed on the same day as the day on which they were earned or collected. Reward Points may only be used on future purchases, and cannot be applied against past purchases.
3.9 Reward Points may only be redeemed by the member who initially collected those Reward Points.
3.10 The member redeeming Rewards Points is wholly liable and responsible for any tax consequences that may arise from participating in the Rewards Program or from collecting or redeeming Rewards Points.
3.11 The Two Sisters products for which you redeem Rewards Points are for your personal use only, and you may not sell or resell them.
4. Changes to or Termination of Rewards Program
4.1 Two Sisters may change the Rewards Program or these Terms at any time, and will provide appropriate prior notice of any material changes.
4.2 Two Sisters also reserves the right to suspend or terminate the Rewards Program, or any part of it, at any time by providing appropriate prior notice, regardless of whether that suspension or termination might affect the ability to collect or redeem Rewards Points.
4.3 Subject to applicable laws, if Two Sisters terminates the Reward Program, all Rewards Points collected before termination will be forfeited without compensation and all Rewards Points balances will be reduced to zero.
5. Suspension or Termination of Member Account
5.1 Two Sisters reserves the right to terminate any members’ Rewards Program account if Two Sisters determines, in its sole discretion, that the member has:
(a) abused the Reward Programs privileges;
(b) breached or violated these Terms or applicable law;
(c) engaged in physical, verbal or written abuse or disparagement of Two Sisters or its personnel, products or services or any other Rewards Program member;
(d) engaged in conduct that is detrimental to Two Sisters or its business or the Rewards Program in any way.
(e) If member is in arrears of shipment payments their membership will result in cancellation of the club membership at discretion of Two Sisters. Member will have the opportunity to redeem loyalty points within 30 days from date of cancellation of membership in accordance with the terms of this agreement.
5.2 Two Sisters may in its sole discretion (and with such prior notice as required applicable law) automatically terminate the Rewards Program account of any member who does not collect or redeem any Rewards Points for a period of 12 consecutive months.
5.3 Members who cancel their membership (with minimum 3 months notice as per the terms) must redeem rewards points prior to final cancellation date. No exceptions will be made.
5.4 Members are unable to earn or redeem points while their membership is on hold. Holds to accounts are limited to 1 quarter per hold at the discretion of Two Sisters Vineyards.
5.5 If Two Sisters terminates a member’s Rewards Program account, all unredeemed Reward Points will be forfeited without compensation and the accounts Rewards Points balance will be reduced to zero.
We respect your personal privacy. We will collect, use and disclose your personal information as described
7. Marketing Communications
7.1 We may communicate with you regarding the Rewards Program and our products and services, provided we do so in accordance with applicable law.
7.2 You may opt out of receiving marketing communications at any time, but you may still receive transactional or operational communications regarding your membership in the Rewards Program.
8. Disclaimers and Limitations
8.1 THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY.
8.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, EXCEPT AS EXPRESSLY
SET OUT IN THESE TERMS, TWO SISTERS PROVIDES THE REWARDS PROGRAM “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU PARTICIPATE IN THE REWARDS
PROGRAM AT YOUR OWN RISK.
8.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, TWO SISTERS AND ITS
OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, COST, EXPENSE, INJURY, ACCIDENT OR ANY OTHER MATTER OR THING (COLLECTIVELY, “LOSSES”), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES) ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO: (A) YOUR PARTICIPATION IN THE REWARDS PROGRAM AND YOUR COLLECTION OR REDEMPTION OF (OR YOUR INABILITY TO COLLECT OR REDEEM) REWARDS POINTS; OR (B) ANY FAILURE, DELAY OR DECISION BY TWO SISTERS IN ADMINISTERING THE REWARDS PROGRAM OR CHANGING THESE TERMS OR THE BASIS ON WHICH MEMBERS CAN REDEEM REWARDS POINTS. THIS LIMITATION APPLIES EVEN IF TWO SISTERS IS ADVISED OF, OR KNEW OR OUGHT TO HAVE KNOWN, OF THE POSSIBILITY OF SUCH LOSSES.
8.4 WITHOUT LIMITING THE PREVIOUS PARAGRAPHS OF THIS SECTION 8, TWO SISTERS
WILL HAVE NO LIABILITY TO ANY MEMBER FOR ANY SUSPENSION OR TERMINATION OF
THE REWARDS PROGRAM, AND IS AUTOMATICALLY RELEASED FROM ALL CLAIMS BY
MEMBERS RELATING TO OR ARISING FROM ANY SUSPENSION OR TERMINATION OF THE
8.5 IF TWO SISTERS HAS ANY LIABILITY TO YOU DESPITE THE FOREGOING EXCLUSIONS AND DISCLAIMERS, IN NO EVENT WILL TWO SISTERS’S MAXIMUM AGGREGATE LIABILITY
EXCEED CAD $50.
9. Law and Jurisdiction
9.1 Two Sisters is located in and operates from Ontario, Canada, and makes no representations or assurances that the Rewards Program is appropriate in any particular jurisdiction. You are responsible for complying with any local laws, if and to the extent local laws are applicable.
9.2 Except where prohibited by law, these Terms and your participation in the Rewards Program and use of Rewards Points, and any claims made against Two Sisters or its directors, officers, employees and representatives, arising out of such participation or use or otherwise, will be governed by and construed and interpreted in accordance with the laws applicable in Ontario, Canada, without reference to Ontario’s conflict of law rules.
9.3 Except where prohibited by law, you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to these Terms or the Rewards Program will be in the appropriate court of Ontario, Canada.
9.4 The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.
10.1 These Terms do not alter in any way the terms or conditions of any other agreement you may have with Two Sisters, including any agreement for products or services.
10.2 Two Sisters owns its name, logo, and all of its other trademarks and trade names appearing on its website, products and related materials.
10.3 These Terms constitute the entire agreement between you and Two Sisters regarding your participation in the Rewards Program, your entitlement to collect and redeem Rewards Points, and your entitlement to any other benefits of the Rewards Program. These Terms supersede all prior previous versions and agreements.
10.4 Any waiver by Two Sisters (whether express or implied by conduct) of any breach of these Terms by a member will not be deemed to be a waiver of any right or remedy available to Two Sisters or a waiver of that or any subsequent breach.
10.5 Any provision of these Terms that is held to be invalid, illegal or unenforceable will be deleted from these Terms and the remaining provisions will continue in full force and effect.
10.6 We will not be liable or responsible for any failure to perform, or for any delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control and our performance will be deemed to be suspended for the period that any such event continues.
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