Event Rewards Terms and Conditions

Last updated February 19, 2014

1. Use of the Event Rewards Website

1.1. Acceptance of the Terms & Conditions
The Event Rewards program ("Program") is provided by FOS Decor Center ("FOS", "us" or "we"). When you ("Cardholder", "User" or "you") enroll in the Program you agree to these Terms and Conditions (the "Terms"). By accessing the Event Rewards website ("Website") and participating in the Program, you indicate your agreement with and acceptance of these Terms in their entirety.

1.2. Use of User data
All user data and information collected through the Website and your participation in the Program is governed by our Privacy Policy and the Terms. User data is stored in our database for the provision of the Program and the facilitation of your participation in the Program. By providing your information, such as your name, phone number, email address and mailing address, you consent to FOS sharing your information with third-party service providers as required to process and complete user transactions, for example to order and/or mail you your prize when you redeem points at our points store. We never sell, trade, exchange, share or otherwise transfer any user data except as outlined in our Privacy Policy and Terms without the express consent of the User.

1.3. Agreement to Electronic Communication
When you enroll in the Program you agree to receive emails from Event Rewards relating to your account activity and Program Participation ("Administrative Emails"). Administrative Emails include but are not limited to automated emails confirming or denying Points earned for a transaction and updates on the status of your points store orders. You may not opt out of Administrative Emails. All communications from us will be sent to your email address as in our records. You may update your email address through your account on the Website.

1.4. Unauthorized account access
A username and password (collectively your "login information") will be required in order to access your online Account and redeem Points for Rewards or when contacting us regarding your Account or participation in the Program. Be advised that any third party who knows your login information will be able to access your Account, change your password and mailing address, and redeem your Points for Rewards. You are responsible for protecting your login information, for all transactions in your Account, and for notifying us of any unauthorized access of your Account or if your Event Rewards Card is lost or stolen. We are not responsible or liable in any way for any loss resulting from your failure to secure and protect your login information and Event Rewards Card.

1.5. Modifications
FOS reserves the right at its sole discretion to modify these Terms, any aspect of the Program, including but not limited to collection or redemption procedures, or any Reward in any respect, with or without any given notice. Such modifications may affect a Cardholder’s accumulated Points as well as future Points earnings. Cardholders are expected to keep informed and up-to-date on the current Terms by revisiting this page from time to time. Continued participation in the Program constitutes continued acceptance of any changes to these Terms.

2. Program Participation

2.1. Enrolment
The Event Rewards program is available to individual people who are working in the Special Events industry only, and no corporation, partnership or other entity may enroll. When you enroll in the Program, we authorize you to collect points ("Points") by referring clients who book their decor with FOS Decor Center, and to redeem those Points for merchandise and other rewards ("Rewards"). To enroll in the Program you must have a valid email address and a valid Canadian mailing address and you must be of the legal age of the province in which you reside. To join the Program you must apply through the FOS website to become an Industry Partner for FOS Decor Center and be accepted. Once accepted as an FOS Industry Partner you may join the Program through your Industry Partner account. As a member of the Program you will be authorized to collect Points on your Event Rewards account.

Upon enrolling, an account under your name will be created for the provision of the collection and accumulation of points ("Account") and you will be sent an identifying Event Rewards Card ("Card"). No additional Cards may be issued through your account for your friends and family. Each Cardholder is permitted one Account.

We reserve the right to accept or reject your application at our sole discretion. We also reserve the right to cancel your membership at any time for any reason without notice given to you and without incurring any liability to you or any other person. You may cancel your membership at any time by submitting an email request for cancellation to info@rewards.fosdecor.com.

2.2. Earning Points
To earn Points, a client that you refer to FOS Decor Center must make a payment towards their decor and services purchase before taxes and exclusing labour and flowers. When a referred client makes the purchase, FOS Decor Center will apply the Points to your Event Rewards account and you will receive an automatic email confirmation. Points earned for transaction amounts under $10 CAD or over $10,000 CAD may be held for up to 2 business days for verification.

You may not sell, trade, exchange, share or otherwise transfer or remove Points. We may cancel or refuse to honour Points if we are unable to confirm a client was referred to FOS Decor Center by the User, or if the client requests we cancel the order and refund payments in accordance with FOS Decor Center's client contract. If you believe that the Points earned for a transaction as reflected in your Account is incorrect, you must inform us within 30 days of the transaction date for which the Points were or should have been issued and provide documentation to support your claim if we request it, otherwise the Points reflected in your Account will be deemed to be correct exclusive of any issuance errors we may find and correct.

2.3. Redeeming Points
Points are a quantitative representation of a User's eligibility for receiving prizes or money (collectively "Rewards"). The number of Points in your Account and the number of Points required to obtain Rewards are subject to verification by our Customer Service department.

Points may only be redeemed for Rewards through the Website. Rewards offered on the Website are subject to availability and restrictions imposed by suppliers. Once a Reward has been shipped or issued no change or refund of Points is permitted. We are not responsible for any loss, damage, defect, injury, death or expense relating to any Reward or for any Reward not meeting expectations for any reason.

2.4. Termination and Cancellation
If no Points are recorded in your Account for 24 consecutive months, we detect fraudulence in your account, you violate any Terms contained herein, you abuse your Program privileges or act in any other way to the detriment of us, our Partners, Suppliers or the Program, we may, without affecting our other rights, terminate your enrollment and/or cancel your Points balance and any purchased Rewards and disclose such information requested by proper authorities. If Points expire or are cancelled for any reason, they become void without compensation.

You may cancel your membership at any time by submitting an email request to info@rewards.fosdecor.com to terminate your account and participation.

We reserve the right at our sole discretion to suspend, limit or terminate this Program at any time for any reason and without any notice. We are in no way liable for any loss or damage arising directly or indirectly from such a suspension, limitation or termination.

3. General Terms

3.1. Program ownership
The Program, including all Points and Cards and all rights relating to them, are and will remain the exclusive property of FOS Decor Center.

3.2. Entire agreement
These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and FOS Decor Center regarding your participation in the Program and any benefits thereof, including but not limited to the right to collect Points and redeem them for Rewards, and supersedes any previous understandings not contained herein. FOS reserves the exclusive right to modify or amend these Terms at any time. Your continued membership in the Event Rewards Program constitutes agreement with and acceptance of the then-current Terms. The most recent version of the Terms can be found at all times on the Event Rewards Website with direct URL http://rewards.fosdecor.com/terms.

3.3. Assignment
Users may not assign their rights and obligations under these Terms in part or in whole without the prior written consent of FOS. Any such unauthorized assignment of rights and obligations under these Terms will be null and void. FOS may assign its rights and obligations under these Terms to a party authorized by FOS whether in part or in whole without your prior consent. Upon such authorized assignment these Terms will inure to the benefit and burden of the parties hereto and their authorized successors and assigns.

3.4. Limitation of Liability
FOS, our partners, suppliers, Partners, affiliates and all of the respective employees or directors of those parties are not responsible or liable in any way for any expense, loss, cost, injury, death, damage, delay, accident or any other costs (including special, incidental or consequential loss or damage) (collectively, "Costs") suffered in any way resulting directly or indirectly from: (i) the Program; (ii) your participation in the Program; (iii) any failure or delay by us when administering the Program or amending these Terms or the redemption process of the Program; (iv) any delay or inability to use the Website at any time; (v) unauthorized use of your card, account number or login information; (vi) any claim, offer, representation, or statement about the Program made by any other person; and (vii) any defect in any prize for which the User redeemed Points. This limitation on liability includes but is not limited to the transmission of a virus that may infect your computer, smartphone or other device used to access the Website. We do not make any guarantee that your use of the Website will be uninterrupted or unimpaired at all times. Any liability we may have to you for any negligence, breach of contract or otherwise, under any circumstances and at any time, is limited to a credit applied to your Account for the number of Points you redeemed in connection with those circumstances. If no Points were redeemed, the liability of FOS will be a maximum of 25% of the total number of Points in your Account at the time of the liability in question.

3.5. Copyrights and trademarks
All Event Rewards and FOS Decor Center trademarks are the intellectual property of FOS Decor Center. You may not use the Event Rewards and FOS Decor Center trademarks in any way and at any time without the express writer permission of FOS Decor Center. Such prohibited use includes but is not limited to use as metatags on a non-affiliated website or webpage on the World Wide Web.

All information, content, programs, software and technology associated with the Event Rewards Website and Program are copyrighted and owned by FOS Decor Center and may not be used, modified, displayed, published, sold, licensed or imitated in any way by any unauthorized party.

3.6. Indemnification
You agree to indemnify and hold FOS, our partners, suppliers, affiliates and all of the respective employees or directors of those parties harmless from any damages, loss, claims or expenses, including legal expenses, arising out of or in connection with your participation in the Program, breach of these Terms, or your submission of any information or materials in any form whatsoever, occurring at any time and for any reasons whatsoever.

3.7. Governing law and authority
This Agreement is governed by the laws of the Province of Ontario and the laws of Canada. All disputes in connection with or arising from this Agreement, or respective of any legal relationship associated with or determined by this Agreement, shall be subject to arbitration in accordance with the then-current National Arbitration Rules of the ADR Institute of Canada. Arbitration will take place in Toronto, Ontario, and will be conducted in the English language. The decision of the authorized arbitrator shall be final and binding to all parties involved, and may be initiated and administered in any court with legal jurisdiction respective to the parties or the purpose of the dispute.

If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions.