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TaylorMade Canada Loyalty Program

TERMS AND CONDITIONS

Last Updated: March 11, 2020

Introduction

The TaylorMade Canada Loyalty Program (the “Program”) is a Canadian-based loyalty program offered at the sole discretion of Taylor Made Golf Canada Ltd. (“TaylorMade Canada,” “we,” or “us”) and these Terms and Conditions (the “Terms”) govern your participation in the Program. By participating in the Program, you agree to be bound by these Terms.

Amendment

We have the right to change or modify these Terms or terminate the Program at any time, for any reason, except if such changes may affect the value of points already accumulated, the value of the rewards and/or the time for redemption. If we change any such essential element of the Terms, we will send you a written notice drawn up clearly and legibly, between the 90th and the 60th day preceding the coming into effect of the amendment, setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment.

If we change any other of the Terms, we will send you a written notice drawn up clearly and legibly, at least 30 days preceding the coming into effect of the amendment, setting out exclusively the new clause, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and providing that you may refuse the amendment and cancel the contract without cost, penalty or cancellation indemnity by sending TaylorMade Canada a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in our obligations.

Eligibility

To participate in the Program, you must be at least 13 years old and a legal resident of Canada. If you are at least 13, but less than 18 years old (or the age of majority in your province/territory of residence), you must also have the consent of your parent or guardian before enrolling in the Program, and your parent or Guardian must read and agree to these Terms. Officers, directors, and employees of TaylorMade Canada and its respective parents, subsidiaries, and affiliates are not eligible to participate in the Program. Other individuals included in a TaylorMade Canada discount group, including but not limited to TaylorMade Canada staff professionals and those who receive a discount through their participation in a retail sales associate training group, also are not eligible to participate in the Program. Membership is limited to individuals. No corporations, businesses, organizations, or other groups are eligible to participate. By enrolling and participating in the Program, you represent that you meet these eligibility requirements.

Joining the Program

If you meet the eligibility criteria above, you may join the Program by creating an account at taylormadegolf.ca. No purchase is required to join the Program. Limit one account per person and participation in the Program will constitute agreement to these Terms. You must provide and maintain true, accurate, current and complete information about yourself.

Earning Points

As a member of the Program, you will earn TaylorMade Canada Loyalty Program points (“Points”) for purchases that you make on taylormadegolf.ca, including regular and sale priced merchandise and gift cards. Dollars spent on tax and shipping are not eligible to earn Points. Purchases made with a TaylorMade Canada gift card or with Points as the form of payment are not eligible to earn Points. If a member returns purchased items, the Points earned by those items will be deducted from the member’s Point total.

In addition to earning Points for purchases, members can also earn Points for interactions with us. These include but are not limited to the following:

  • Create a taylormadegolf.ca Account: By creating a taylormadegolf.ca account, a member will earn Points. If you already have a taylormadegolf.ca account, your account will be credited with these Points.
  • Sign up to Receive Our Newsletter: If a member goes to the Loyalty Program dashboard on taylormadegolf.ca when logged into his or her account, and signs up to receive our Newsletter, the member will earn additional Points.

Members must be logged into their taylormadegolf.ca account to receive eligible Points for their actions. TaylorMade Canada reserves the right to, in its sole discretion, retroactively credit Points for interactions where a member was not logged in, provided sufficient proof is provided.

Existing taylormadegolf.ca account holders can start earning Points as soon as the Program is launched. New members will earn Points from the date they create a taylormadegolf.ca account. Points are only eligible to be granted to a member whose account is in good standing. No prior transactions or interactions will be eligible for Points; provided that TaylorMade Canada may, in its sole discretion, credit Points under certain circumstances to members. Please allow approximately one week from the date your order shipped for Points to be credited to your account.

Expiration of Points

Points earned will expire if a member has not received or exchanged any Points for a period of at least one year. In such a case, TaylorMade Canada will send a notice to the member to the effect that the member’s inactivity will result in the expiry of the member’s Points and specifying the applicable expiry date. Such notice of inactivity will be sent to the member at least 30 days, but not more than 60 days before the expiry of the Points. Points are not transferrable, have no cash value, and cannot be exchanged for cash.

Program Tiers

The Program has three tiers: Par, Birdie, and Eagle. Members can progress through these tiers by spending the minimum dollar amount necessary for each tier (the “Minimum Spend”), as follows:

  • Par: Member spends $0-$749 within 365 days. Par members earn 1 point for every $1 spent. No purchase is required to be part of this tier.
  • Birdie: Member spends $750-2,499 within 365 days. Birdie members earn 1.25 points for every $1 spent after $749.
  • Eagle: Member spends $2,500+ within 365 days. Eagle members earn 1.5 points for every $1 spent after $2,499.

The Minimum Spend for each tier excludes dollars spent on tax and shipping. Members may be downgraded to a lower tier for two reasons; (i) a Birdie or Eagle member may be downgraded to a lower tier if the member has not satisfied the Minimum Spend required for the higher tier in the last 365 days, or (ii) a Birdie or Eagle member may be downgraded to a lower tier if the member returns an order or products and the Points earned from that order or products decreases the member’s dollar amount spent in the last 365 days below the Minimum Spend required for the higher tier.

Benefits

Members will have access to the benefits in their current tier and the tiers below them. For a full list of benefits available to members, please see our Program FAQs here.

The following terms and conditions apply to the specific rewards listed below for members in the relevant tier when and if earned and used:

  • Free Shipping: This benefit entitles eligible members to free shipping on orders shipping to Canada only, excluding P.O. Boxes. Members must be signed into their taylormadegolf.ca account at the time of purchase. This benefit cannot be applied to previous purchases and cannot be redeemed for cash.
  • Early Notice of Online Exclusives: This benefit entitles eligible members to receive e-mail notifications regarding products offered exclusively on taylormadegolf.ca before others. This benefit does not guarantee availability of products.
  • Free Personalization: From time to time, TaylorMade Canada may offer eligible members to personalize their purchased products for free. If such offers are made, members are capped to a maximum of 12 product personalization requests every 365 days and one personalization request each month.
  • Bonus Points: From time to time, TaylorMade Canada may award eligible members bonus Points. Such Points are subject to the same terms and expiration as Points earned through member’s purchase of products.
  • Invitations to TaylorMade Canada Events: From time to time, TaylorMade Canada may invite eligible members to exclusive TaylorMade Canada events. In some instances, invitation to such events may be limited to members who are the age of majority in their province or territory or over 19 years old. Where a member does not meet the minimum age requirement for an event, no substitution will be offered. By unsubscribing to marketing communications from TaylorMade Canada (described below), you may not receive invitations to these events.

All benefits are subject to change, discontinuance, limitations, and substitutions by TaylorMade Canada, in accordance with and subject to the terms of the second paragraph on the first page of these Terms under the heading “Amendment”.

Redeeming Points

In order to redeem Points, a member must be logged into their taylormadegolf.ca account and the account must be in good standing. At checkout, a member’s available Points will be displayed and the member may elect to redeem Points. If a member elects to redeem Points, the applicable Points will be converted into redemption dollars and the value of the redemption dollars will be deducted from the total price of the Member’s purchase. Points are converted into redemption dollars as follows: 30 points = $1.

Points may not be converted to or exchanged for cash. In the event of a return of merchandise purchased using Points, the Points redeemed will be credited back to the member’s account.

Use of Account

Members are responsible for maintaining the confidentiality of their account and password, and are fully responsible for any and all activities that occur under their account or password or any other breach of security.

The Program is for members’ personal use only. The transfer, sale, or barter (or the attempted transfer, sale, or barter) of Points or corresponding benefits, and any misrepresentation of fact relating thereto, may result in cancellation of the member’s account and participation in the Program, including cancellation of any unused Points or benefits in TaylorMade Canada’s sole discretion.

Privacy and Consent to Marketing

The information you provide as a member of the Program will be managed by TaylorMade Canada as described in our Privacy Policy (https://www.taylormadegolf.ca/shared-customer-service-customer-legal/privacyTM.html?lang=en_CA). When becoming a member of the Program, you may choose to consent to receive marketing communications from TaylorMade Canada. You may unsubscribe from marketing communications at any time. For information about how to do so, please visit our Privacy Policy. By unsubscribing from marketing communications, the unsubscribed Program member will no longer receive marketing communications related to the Program.

Termination, Expiration, Changes to the Program

You may cancel your Program membership at any time by logging into your taylormadegolf.ca account, navigating to My Account, Loyalty Program, and selecting the option to opt-out. We may cancel your Program membership at any time in our reasonable discretion, including, but not limited to, if we determine that you (a) are ineligible, (b) have not used your account for an extended period of time, (c) violated any term or condition of the Program or any applicable law or regulation, or (d) engaged in any deception, forgery, fraud, or committed any other abuse of the Program. We may revoke some or all of your Points or benefits if we determine that you received them in error, due to fraud or deception, or in any manner not authorized.

In all matters relating to the administration of the Program, the decisions of TaylorMade Canada will be final.

Disclaimer and Limitation of Liability

THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TAYLORMADE CANADA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

TO THE FULLEST EXTENT PERMITTED BY LAW, TAYLORMADE CANADA WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT, INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBLIITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, TAYLORMADE CANADA’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS AND CONDITIONS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE DOLLAR AMOUNT YOU HAVE ACTUALLY PAID TAYLORMADE CANADA DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

Governing Law

These Terms are governed and interpreted pursuant to the laws of the province of Ontario and the federal laws of Canada applicable therein, without reference to its provisions concerning conflicts of law.

Questions?

If you have any questions about the Program, please contact Customer Service at 1-877-860-8624.

PLEASE MAINTAIN A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK HERE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

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