Reward Program Supplemental Terms and Conditions
Last updated: 13 May 2020
These Reward Program Supplemental Terms and Conditions (“Conditions”) are additional terms for the provision of various Offers and Rewards, and formed pursuant to, the Platform Terms and Conditions (“Terms”) between you, the customer of an applicable Neo Service (“Customer”) and Neo Financial Technologies Inc. (“Neo”). Capitalized terms in these Conditions have the meaning set out in the Platform Terms.
This Rewards Program is operated by Neo, which is solely responsible for the Program. ATB Financial as the issuer of the Neo Financial Mastercard has no responsibility for the Program. You agree therefore not to make any claims against ATB Financial for any matter connected in any way with the Program.
- From time to time, Neo and Neo as an agent for third party participating merchants may make certain offers (“Offers”) for various rewards, such as discounts or credits (“Rewards”) through the Neo Platform.
- Customers with a valid Neo Account are eligible to earn Rewards through the Neo Platform. Rewards from Merchants (“Merchant Rewards”) are earned according to the eligibility requirements, terms and conditions of Offers set by the Merchants. You acknowledge that any obligations regarding Merchant Rewards are between Merchant and you, and not Neo. Neo does not guarantee any Rewards provided by Merchants, and cannot be held liable for Merchant Rewards owed.
- Rewards from Neo (“Neo Rewards”) are earned according to the eligibility requirements, terms and conditions of Offers set by Neo.
- Rewards are tracked, and you can view your Rewards in the Neo Platform. Rewards may be subject to additional terms, conditions and restrictions of Offers that are set by us or the participating Merchants. Subject to applicable law, such terms, conditions and restrictions may be updated, modified, suspended, or cancelled at any time without notice to you. Offers may not be made available to all users or in certain jurisdictions.
- Descriptions of Offers and Rewards may include inaccuracies or typographical or other errors. You agree that neither we nor any Merchant will be responsible for such errors and that both we and the Merchant reserve the right to correct them when they are discovered. We and our Merchants reserve the right to cancel all transactions affected by such errors, refund all amounts paid and cancel all Rewards progress associated with such transactions, without any liability to you.
- You are only permitted to earn Rewards in connection with spending activity and other activity on the Neo Platform for non-commercial, personal and household purposes (“Qualifying Transactions”). You are not permitted to earn points in connection with spending for commercial purposes (e.g. in connection with a business). Neo maintains the right to review any transaction and to determine, in Neo’s absolute discretion, if certain transactions qualify for a Reward.
- Rewards are earned on the Canadian dollar equivalent of Qualifying Transactions that are made in currencies other than Canadian Dollars.
- The applicable Merchant will set the conditions of a Qualifying Transaction in any Offer, and Neo will determine eligibility based on those conditions, although the Merchant will have final decision on eligibility in its sole discretion. Neo does not control the Merchants and any decisions by the Merchant are only between you and the Merchant. Each Merchant is responsible for the terms and conditions of their Offers, and Neo only applies such terms and conditions. Neo will attempt to resolve any disputes regarding eligibility in its discretion, but the Merchants will make the ultimate decision regarding eligibility based on the conditions set by the Merchants for any Merchant Offers.
The legal contract for the awarding and fulfilment of Merchant Rewards is between the Customer and the Merchant. We have no control over the actions or omissions of any Merchant. Without limiting the generality of the foregoing, you acknowledge and accept the following in connection with any Merchant Offers or their Rewards:
- We do not represent or warrant that the goods or services received from any Merchant as Rewards will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties or conditions.
- We encourage all Merchants to accept all Offer redemptions and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if a Merchant rejects your Offer redemption. However, we do not guarantee that Merchants will accept all Offer redemptions, and Merchants have the discretion to reject redemptions at any time for any reason.
The foregoing disclaimers do not affect Customer’s statutory rights against any Merchant.
In connection with the redemption of any Offer:
- Any price listed on the Neo Platform is in Canadian dollars.
- Payment must be made with a Neo credit card.
- Prices of the Merchant’s goods and services in the Merchant’s physical location are controlled at the sole discretion of the Merchant.
- Prices and any other fees are subject to change at any time at Neo’s or the Merchant’s discretion.
- Neo may cancel your participation in any Offer at any time with immediate effect and without written notice, for any reason and in Neo’s sole discretion, including in instances where Neo believes that you have: (i) acted in a manner inconsistent with applicable laws or regulations; (ii) failed to pay Neo or its Merchants amounts due; (iii) acted in an inappropriate, fraudulent or abusive manner; or (iv) breached or violated any of these Conditions or other terms and conditions for use of the Neo Platform, or Neo’s other applications, products, or services. Nothing contained in these Conditions will limit Neo in the exercise of any legal or equitable rights or remedies.
- Merchants may cancel their participation in an Offer at any time and without notice. Neo will not be held liable for any progress earned towards Rewards at Merchants that have been removed from the program for any reason. Any disputes with Merchants relating to any earned progress must be resolved with the Merchant, and you agree that you have no claim against Neo in connection with any Merchant Offers or Merchant Rewards.
Neo may change or terminate an Offer or any associated Rewards and benefits at any time, for any reason and without notice. Neo may make changes that affect, without limitation, processes, benefits, levels, rules for earning and redeeming Rewards, Reward and redemption levels, rules for the use of Rewards, availability of Rewards, Reward types, availability of offers, and participation in the Offer. At Neo’s sole discretion, Neo may choose to substitute a similar Offer at any time immediately. You may not accumulate or redeem Rewards or any other benefits after the termination of an Offer. Subject to the terms of any Offer and applicable law, if the Offer is terminated, upon termination, all unredeemed Rewards will be forfeited without any obligation or liability, and Reward claims will no longer be honored. All Offers, Rewards and services are subject to availability and may be changed at any time without notice. By accepting Offers, Rewards and services, each user acknowledges that he or she is responsible for determining whether he or she is eligible to receive the Rewards or services under applicable laws, gift policies, and incentive policies. At any time and in Neo’s sole discretion (including where a user was not eligible to earn certain Rewards according to these Conditions), Neo may correct the amount of Rewards shown as credited to a user’s account.
- Rewards may not be applied to taxes, alcohol, tobacco, cannabis, and other items as determined from time to time by us or as required by law.
- Rewards may have a specific dollar amount, may provide a percentage-based discount, or may have other effects (such as making a charitable donation). The particular terms of a Reward, for example, the amount of any dollar or percentage discount, number of times the Reward can be used, expiry date, location Reward can be redeemed and any other rules that may apply are described in the information accompanying or in conjunction with the Offer.
- Rewards must be used in conjunction with a Neo Account.
- Rewards must be applied no later than the deadline specified on the Reward and will expire if not applied by this time. If the Reward provides a discount on a purchase, an amount determined by the terms of the Offer will be credited after the purchase has been authorized and settled.
- The right to use a Reward is personal to the original recipient and may not be transferred. No Reward may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient. For greater certainty, Rewards distributed or circulated without our written approval, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or canceled.
- Rewards may not be used in conjunction with other vouchers or any other discounts or promotions provided or advertised from time to time unless otherwise stated.
- Rewards may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned.
- Neither Neo nor Merchants will be liable to you, any Customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Offer or any failure or inability of a Customer or household to use a Reward for any reason.
- For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend these Conditions in relation to the use of Rewards or to vary or terminate the operation of a Reward at any time without notice.
- If you are a Customer, you may be entitled to voluntarily participate in the Neo referral program (the “Referral Program”). A unique website link is assigned to your Neo Account, referred to as your personalized referral link (“Referral Link”). To participate in the Referral Program, you will need to refer friends or family members who have never had an account with us (“Friends”) and invite your Friends to open a Neo Account with your Referral Link (each Friend that uses the Neo Platform, a “Referred User”).
- You will earn referral credit (“Referral Credit”) in the amount we determine from time to time once your Referred User has spent a certain amount (“Eligible Amount”) on their Neo Card. Criteria for Eligible Amount is determined in our sole discretion, and may change over the course of the Referral Program. Referral Credits will be applied automatically against your balance, but will not qualify as a payment. The amount of Referral Credits earned and redeemed are subject to change at any time at Neo’s sole discretion.
- The Referral Link may only be used for personal and non-commercial purposes. You may share your link with your personal connections via social media, email, or word of mouth, where you are the primary content owner. You are not allowed to misrepresent your relationship with any members of Neo or with the Neo Services to any third parties, and you will not make any warranty or representation on behalf of any members of Neo. You are not allowed to refer yourself or members of your household for the purposes of earning Referral Credit. You represent and warrant that you have the consent to refer Friends to Neo.
- Neo reserves the right, at its sole discretion, to deny a Referred User access to a Neo Card for reasons including, but not limited to suspected fraud, inadequate credit history, or failure to meet the eligibility criteria for the product. In this case you would not receive Referral Credit.
- Neo reserves the right, at its sole discretion, to deactivate your accounts and revoke the Referral Credits of any account holder who Neo finds or believes to be earning or using Referral Credits contrary to these Conditions, or who is otherwise manipulating or abusing the Neo Services or the Neo Platform.
- Neo reserves the right, at any time and in our sole discretion, to add to or amend these Conditions in relation to the use of Referral Program.
- From time to time, Neo may run contests or competitions (“Contests”). Those Contests will be subject to these Conditions, as well as rules specific to each Contest (“Contest Rules”).
- In general, Contests for Canadian users will be open to individual residents of Canada over the age of majority in the province or territory in which they reside, with the exception of:
- employees, representatives and agents (and persons with whom they are domiciled, whether related or not) of Neo, its advertising and promotion agencies; and
- residents of Quebec, unless specified in the Contest Rules.
- The Contest Rules may specify other eligibility rules.
- For greater certainty, subject to applicable law, we reserve the right, at any time and in our sole discretion, to withdraw any Contest, to add to or amend terms and conditions (including these Conditions) in relation to any Contest or to vary or terminate the operation of a Contest at any time without notice.
- Neo may offer Customer care in respect of issues relating to the Merchant Rewards. If you have any problems, questions or suggestions with respect to the Neo Platform, please contact Neo’s Customer care team (and not the Merchant) via the Neo App, chat, email or phone at the contact information provided on the Neo Platform.
- The legal contract for the purchase of goods and services in connection with any Merchant Rewards will in all cases be between the Customer and the Merchant. You irrevocably appoint and authorize us to act as your sole and exclusive agent for the purpose of concluding contracts for Rewards associated with the sale of goods or services between you and the Merchant by means of you redeeming Rewards via the Neo Platform. We may act as agent for the Customer and the Merchant for the legal contract for the Rewards associated with the purchase and sale of the Goods or Services. YOU ACKNOWLEDGE AND AGREE THAT NO MEMBER OF NEO HAS ANY CONTROL OVER THE QUALITY OF THE GOODS OR SERVICES OFFERED BY MERCHANTS AND THAT NO MEMBERS OF NEO WILL HAVE LIABILITY TO YOU FOR ANY PROBLEMS CAUSED BY THE MERCHANT CONCERNING YOUR ORDERS, INCLUDING, WITHOUT LIMITATION, ANY PROBLEMS WITH RESPECT TO THE QUALITY OF THE GOODS OR SERVICES.
If you redeem Rewards for alcohol or cannabis, you warrant that you are of legal age to purchase and consume alcohol or cannabis, as the case may be, in the area in which the alcohol or cannabis is delivered and that you are not ordering alcohol or cannabis for any person below the legal age in the applicable jurisdiction. You acknowledge and agree that Merchants may require valid government-issued photo identification and that the recipient must not be or appear intoxicated when redeeming Rewards. If you are unable to meet these conditions to the satisfaction of the Merchant then alcohol or cannabis products may be withheld, and any refund for such withholding is at the discretion of the Merchant or Neo. For greater certainty, alcohol or cannabis Rewards may be subject to time, location and other restrictions.