1. GENERAL TERMS
The ALDO Crew Loyalty Program (the "Program") is sponsored by The Aldo Group Inc., 2300 Emile-Belanger, Montreal, QC, H4R 3J4 ("ALDO"). By enrolling in the Program, you agree to be bound by these Terms and Conditions, (the "Program Terms"). In the Program Terms,"member", "you" and "your" mean each member enrolled in the Program.
All dollar amounts referred to in the Program Terms are in Canadian dollars.
You are eligible to the program if:
(i) You are a legal resident of Canada;
(ii) You have reached sixteen (16) years of age as of the date of enrollment and
(iii) You have the capacity to enter into a binding contract.
THE PROGRAM IS VALID ONLY FOR PURCHASES MADE IN STORES LOCATED IN
CANADA OR ONLINE AT ALDOSHOES.COM/CA. Therefore, any purchases made outside
Canada even if you are a Canadian legal resident will not be eligible to ALDO Crew Credits. Corporations, resellers, or other entities or organizations of any kind are not eligible for the Program. Purchases made under the Employee Preferred Purchase Program are not eligible to ALDO Crew Credits under the Program.
3. ALDO CREW ACCOUNT
To enroll in the Program and to set up your ALDO Crew Account, you must register at www.aldoshoes.com/ca/en/crew/join
To complete your registration, you must:
(i) enter your first name, last name, e-mail address, postal code, phone number and product preference;
(ii) create a password; and
(iii) accept the Program Terms.
Enrollment confirmation and other program communications will be sent to the email address indicated in your ALDO Crew Account. Email subscription is not mandatory to participate in ALDO Crew, but unsubscribed members will not receive emails from us regarding the Program, including Annual Rewards and notification of special benefits. These Annual Rewards and information pertaining to special benefits will be available in the My Account section of Aldoshoes.com.
Members may access their ALDO Crew Account in the My Account section www.aldoshoes.com/ca/en
3.2 Account Restrictions
Only one (1) ALDO Crew Account per person, per email address and per telephone number can be created. This means a person with multiple email addresses and/or telephone numbers cannot have more than one ALDO Crew Account. The sum of transactions from multiple ALDO Crew accounts cannot be aggregated into one or transferred from one account to another unless authorized by ALDO.
4.1. Accumulating ALDO Crew Credit
When you provide the email address or telephone number associated with your ALDO Crew Account upon making a purchase in at any ALDO store located in Canada or online at aldoshoes.com/ca, you earn ALDO Crew Credit corresponding to the eligible purchase amount ("ALDO Crew Credits"). The eligible purchase amount corresponds to the transaction total for merchandise after any discounts and does NOT include taxes, shipping or the purchase of ALDO gift cards.
4.2. Gift card
For greater clarity, purchases of ALDO gift cards do NOT qualify as an eligible purchase amount, but members may earn ALDO Crew Credit when the ALDO gift card is used for the purchase of merchandise. ALDO Crew Credits are awarded to the customer who uses the gift card as tender.
4.3. Credit to your Account
A transaction may earn ALDO Crew Credits for only one (1) ALDO Crew Account. ALDO Crew Credits will be provided for transactions completed up to 10 days prior to your completed enrollment date, provided that the email address given for the transaction was the same as the one provided on the ALDO Crew enrollment form. For returns, ALDO Crew Credit earned on a purchase will be removed from the member’s account for the same amount.
ALDO will use all reasonable efforts to credit a member’s ALDO Crew Account for purchases with ALDO Crew Credits on a timely basis. If ALDO Crew Credits are not issued for an eligible transaction, you may request the missing ALDO Crew Credits up to 90 days after the original transaction by calling us at 1-800-326-2536 or writing to us on www.aldoshoes.com/ca/en/customer-service/contact-us/email-us . You will be asked to provide certain transaction-related information on the receipt to verify the purchase. All requests are subject to verification. ALDO's decision pertaining to the allocation of ALDO Crew Credits is final.
ALDO may adjust your ALDO Crew Account status or ALDO Crew Credit balance at any time and without notice, due to any computer or other error, technical issues experienced by ALDO, machine malfunction, fraud or other misuse of the Program. All transactions involving ALDO Crew Credits are subject to review and verification by ALDO.
You may review your ALDO Crew Credit balance and ALDO Crew Account activity in the My Account section of www.aldoshoes.com/ca/en
ALDO shall have no liability for any reproduction, typographical, mechanical or other errors in the ALDO Crew Account or any summaries distributed by ALDO or its agents, for any delay or failure to assign ALDO Crew Credits to ALDO Crew Accounts. ALDO reserves the right to invalidate ALDO Crew Credits from a member's ALDO Crew Account with notice if it determines in its sole discretion that such ALDO Crew Credits were improperly credited to such member's ALDO Crew Account or were obtained fraudulently or otherwise in violation of the Program Terms. ALDO reserves the right to require proof from the member that ALDO Crew Credit has been obtained for any transaction and ALDO reserves the right to delay the processing or redemption of any ALDO Crew Credit without notice, in order to assure compliance with the Program Terms. Members, by participating in the Program, are responsible for maintaining the confidentiality of their ALDO Crew Account and password and for restricting access to the devices used to access these accounts. Members agree to accept responsibility for all activities
that occur under their ALDO Crew Account or password. ALDO Crew Credit does not constitute property, does not entitle a member to a vested right or interest, has no cash value, have no exchange value and are not rewards points. As such, ALDO Crew Credit is not redeemable for cash, transferable or assignable for any reason. The sale, barter, transfer or assignment of any accumulated ALDO Crew Credit, other than by ALDO, is strictly prohibited. Any ALDO Crew Credit which ALDO deems to have been transferred, sold, bartered or assigned in violation of the Program Terms may be confiscated and/or canceled. Membership in the Program does not confer any rights or benefits in the program of any other Aldo affiliate.
4.4. Membership Tiers: Crew, Plus and VIP
There are three Membership Tiers in the Program: Crew, Plus and VIP. All members are automatically assigned to Crew upon enrollment. Achieving Plus and VIP tiers requires a minimum accumulation of respectively $150 and $300 in ALDO Crew Credit during any 12 (consecutive)-month period.
Members will remain qualified for the Plus or VIP tier for 12 months following initially qualifying. If they have accumulated the amount of ALDO Crew Credit associated with the Plus or VIP tier during this 12 months period, they will requalify for another 12 months, and so on. For identification purposes only, you will be requested to provide the email or phone number registered to your ALDO CREW account to allow us to correctly calculate and apply the transaction amounts to your ALDO Crew Credit.
The benefits associated with the three tiers are detailed as follows:
(i) Crew: Benefits in this tier include:
(a) Welcome Offer upon registration: discount on your next purchase of Aldo Products for the amount indicated in the welcome notification;
(b) Lowered threshold for free shipping ($50);
(c) Access to Price Drops and Bundles: Price Drops are specifically designated products that will be made available at a discounted price for a set period of time for ALDO Crew members only. Bundles are specifically designated products that can be purchased in combination for a discount by ALDO Crew members only.
(d) Online express checkout through My Account and
(e) Birthday Treat: The Birthday Treat is a discount on our next purchase of Aldo Products. The Birthday Treat will be assigned to you in the days leading up to your date of birth provided on the enrollment form and will expire 30 days after issuance.
(ii) Plus: Benefits of this tier include all benefits provided for Crew in addition to:
(a) 15% Annual Reward: gives you 15% off on your next purchase of Aldo Products, to be issued once for any given 12 months period;
(b) Lowered threshold for free shipping ($50);
(c) Birthday Gift: choice of accessory to be selected in store for free, up to the maximum value indicated in the gift notification;
(d) Specific 20% reduction off handbags/bags in combination with (non-hanging) footwear purchase.;
(e) 6-month Extended Warranty against product defect: this does not affect your statutory rights.
(iii) VIP: Benefits of this tier include all benefits provided at Crew and Plus levels in addition
(a) 20% Annual Reward: gives you 20% off on your next purchase of Aldo Products, to be issued once for any given 12 months period;
(b) Free shipping;
(c) Access to deals & surprises and
(d) Ability to share the 20% Annual Reward with up to five friends.
4.5. Annual Rewards – Redeem Conditions
Vouchers will be sent to the email appearing in your ALDO Crew Account at the time of issuance and will also be available in the My Account section of www.aldoshoes.com/ca/en
Annual Rewards may be redeemed for purchases of any qualified merchandise for sale online by applying the promo code at time of checkout or in store by providing the unique voucher code to the ALDO salesperson. The value of the Annual Reward will be applied against the total value of the merchandise, excluding applicable taxes and shipping fees. Only one voucher can
be used per transaction.
You will be able to use Annual Rewards on any merchandise for sale including regular and marked down items but not clearance items. Vouchers may not be combined with any other promotional offers, unless otherwise noted on the offer. Any applicable taxes will be payable on the value of the merchandise after the reduction of the value of the Annual Reward and on the applicable shipping fees. Each Annual Reward issued will have a unique reward number and may be used only once. Annual Rewards are not transferable and may not be sold, resold,
exchanged or bartered.
Unless a different expiration date is stated on the face of the applicable Annual Reward, all Annual Rewards expire one hundred and twenty (120) days from date of issuance. Annual Rewards may only be used once and are void after first use.
Annual Rewards and all benefits of the Program are promotional in nature, have no cash value, have a maximum value of $100 per code and cannot be redeemed for cash or any cash equivalent (except as may be required by law). You are responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from your participation in the Program.
5. MODIFICATION AND TERMINATION OF PROGRAM
Membership in the Program is offered at the discretion of ALDO and ALDO reserves the right to modify the Program Terms, ALDO Crew Credit structure or Annual Reward amounts, benefits, Membership Tiers, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting ALDO Crew Credit and Annual Rewards and their respective duration or timing, or any other aspect of the Program, in whole or in part.
ALDO will give you a sixty (60) days’ notice of any such amendment and a comparison illustrating the changes.
5.2. Termination of the Program
The Program may be terminated at the sole discretion of ALDO. ALDO 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 Annual Rewards. ALDO 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. You should not rely upon the continued availability of the Program or any ALDO Crew Credit accumulated in connection therewith.
Without limiting any other remedies, ALDO may suspend or terminate any ALDO Crew Account if ALDO suspects, in its sole discretion, that any member or other person has engaged in fraudulent activity in connection with this Program.
You may unsubscribe at any time from the Program by contacting Aldo customer service on www.aldoshoes.com/ca/en/customer-service/contact-us/email-us or 1-800-326-2536
6. LIABILITY LIMITATIONS
IF YOU RESIDE IN THE PROVINCE OF QUEBEC, THIS PARAGRAPH IS NOT APPLICABLE
TO YOU WITH RESPECT TO DAMAGES RESULTING FROM ALDO’S OWN ACTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALDO 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 ALDO CREW CREDIT OR VOUCHERS, (B) ANY FAILURE OR DELAY BY ALDO 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 ALDO, EVEN IF ALDO 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 JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
ALDO MAKES NO WARRANTY OF ANY KIND REGARDING THE PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALDO EXPRESSLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION THAT ITS PROGRAM WILL BE ERROR-FREE. ALDO FURTHER DISCLAIMS ANY WARRANTY OR CONDITION AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE PROGRAM. ALDO 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.
7.2. Use of Your Data
You may update your personal information or change your password at any time when you log into your ALDO Crew Account on www.aldoshoes.com/ca/en
8. 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.
9. 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--800-326-2536, and give us an opportunity to resolve the dispute. Similarly, before ALDO 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 ALDO 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 ALDO 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, ALDO 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 the Program Terms.
11. NO ASSIGNMENT
You may not assign your rights or obligations under the Program and/or the Program Terms without the express written consent of ALDO.
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 the Program Terms is found to be void or unenforceable under applicable law, all other parts of the terms and conditions will still apply.
14. 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 ALDO 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 ALDO making such amendments or modifications available to it pursuant to the Program Terms.
15. NO WAIVER
The failure of ALDO to enforce any provision of the Program Terms or to respond to a breach by you or any third party of the Program Terms shall not in any way waive the right of ALDO to subsequently enforce any of the terms contained herein or to act with respect to similar breaches.
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