Terms and Conditions
Trureal Inc., (hereinafter “Trureal”) and its subsidiaries, Trureal IT Services Inc., Trureal Fundraising Services Inc., Trushop Inc., Trureal Card Management Group Inc., and Trureal Realty Brokerage Inc., is a Fintech company, who owns and operates the Trureal GSN program (GSN). The Trureal GSN Program is run and administered through Trureal IT Services Inc. (hereinafter “TISI”), in Canada. Trureal Fundraising Services Inc. (hereinafter “TFSI”) is a third party fundraising company.
Trureal USA, LLC (hereinafter “Trureal”) and its subsidiaries, Trureal USA IT Services, LLC, Trureal USA Fundraising Services, LLC, Trushop USA, LLC and Trureal USA Card Management Group, LLC is a Fintech company, who owns and operates the Trureal GSN program (GSN). The Trureal GSN program is run and administered through Trureal USA IT Services, LLC (hereinafter “TIS”), in USA. Trureal USA Fundraising Services, LLC (hereinafter “TFS”) is a third party fundraising company.
DEFINITION OF TERMS
- Purchases: Total pre-tax amount spent for defined period
- Pending Credits: Total credits pending based on up to 5% of purchases for defined period
- Payments: Total amount paid by Merchants for purchases for defined period
- Earned Credits: Total earned credits based on up to 5% amount paid by Merchants for defined period
- Unearned Credits: Total unearned credits based on pending credits
- Distributed Credits: Total earned credits distributed to selected Organizations for defined period
- Undistributed Credits: Total earned credits not yet distributed based on earned credits
- Merchants: A participant (business owner/service provider) in the Trureal Directory
- Cardholder: A customer using the products and services of Merchants within the Trureal Directory
- Organization: Organization is a registered Charity with Canada Revenue Agency/registered Nonprofit with Internal Revenue Services
- Organization: Organization is a Nonprofit, Club, Membership-Based Organization, Association and Other
COMMITMENT TO PRIVACY
Trureal is committed to protecting our Cardholder’s privacy. We collect and use Cardholder personal information: (i) to administer GSN; (ii) to invoice Merchant Partners; (iii) to submit to Organization Partners for issuance of tax receipts; (iv) to understand and analyze Cardholder’s desires, needs and preferences; (v) to develop, enhance, market and/or provide products and services to meet those needs; and (vi) to enable Cardholders to participate in promotions.
To protect your personal information from unauthorized access and use, Trureal uses security measures that comply with Federal law. These measures include computer safeguards and secure files.
Trureal supports industry and government initiatives to protect consumer privacy.
PARTICIPATION IN THE TRUREAL GSN PROGRAM
To enroll in the program, Cardholders must log into www.trureal.com and follow the prompts under the Cardholder enrollment section. Cardholder must provide us with a valid mailing address and a valid e-mail address.
While similar programs may be offered in other countries, the GSN entitles you to collect credits only from participating Trureal Merchants within Canada and the USA. Trureal may refuse to record or honour credits to Cardholders if we cannot confirm that they were properly issued or obtained. Trureal may also cancel earned credits if the issuing Merchant does not pay amounts owing to Organizations participating in the GSN or informs us to cancel the pending credits (for example, because Cardholder returned or didn’t pay for products or services for which the credits were issued).
* Trushop on-line earns a 2% cash back.
*The Trureal GSN program is generally a 5% cash back program. However, Merchants have the option of offering cash back of up to 5%.
Trureal Cardholder understands that Trureal receives all Cardholder transactional details directly from its payment processor and that processor only supplies the Total Gross Purchase transaction which includes the Pre-Tax purchase, applicable sales taxes and gratuity in the form of a “Tip” or “service charge” (i.e., restaurant).
In all circumstances, Cardholders in Canada, agrees that TFSI will reduce the Gross Purchase by 13% (applicable sales taxes) and utilize that amount to determine Cardholder’s giving contribution. For businesses where a gratuity may be associated with the Gross Purchase amount, TFSI will reduce the amount by 30% (applicable sales tax + gratuity) and utilize that amount to determine Cardholder’s giving contribution.
In all circumstances, Cardholders in USA, agrees that TFS will reduce the Gross Purchase by 10% (applicable sales taxes) and utilize that amount to determine Cardholder’s giving contribution. For businesses where a gratuity may be associated with the Gross Purchase amount, TFS will reduce the amount by 25% (applicable sales tax + gratuity) and utilize that amount to determine Cardholder’s giving contribution.
Trureal Cardholder understands that TFSI/TFS provides IT services, via TISI/TIS, for many Organizations and Merchants within the Trureal directory.
Trureal participating Merchants and Cardholder agree to participate in Trureal GSN program under the Terms and Conditions of the GSN program. Cardholder acknowledges and agrees that they are receiving a reward from participating Merchant in the form of a cash back.
Cardholder can link their existing credit/debit card(s) or enroll for a Trureal Prepaid Card. Cardholder may also link multiple existing credit/debit card(s) from multiple Financial Institutions in the Trureal GSN Portal.
When Cardholder successfully links their existing credit/debit card(s), Cardholder will earn a cash back of 2% when Cardholder uses the cards to make purchases at Trushop on-line and a cash back of up to 5% at Brick and Mortar participating Merchants enrolled in Trureal Directory.
When Cardholder enrolls for a Trureal Prepaid Card, Cardholder will earn a cash back of 2% when Cardholder uses the card to make purchases at Trushop on-line and a cash back of up to 5% at Brick and Mortar participating Merchants enrolled in Trureal Directory. Cardholder will also earn a cash back from purchases made outside of Trushop on-line or non-participating Brick and Mortar Merchants.
Cardholder acknowledges and agrees that participating Merchants have agreed to participate in GSN under the following condition. Merchants will provide a cash back of up to 5% of pre-tax purchase to the Cardholder. Cardholder acknowledges and agrees that he/she has unfettered use of the cash back but choses, through participation in the Trureal GSN program, to voluntarily donate the cash back to his/her Organization(s). Cardholder, through participation in GSN, is instructing the Merchants to act as an Agent to donate his/her cash back to Cardholder’s Organization(s) on behalf of Cardholder as a logistical solution to delivering said donation.
Participating Merchants agree to provide a cash back to Cardholder and to act as an Agent, on behalf of Cardholder, in transferring the cash back to the Cardholder’s Organization(s).
Cardholder, by agreeing to the Terms and Conditions of GSN (and in substitution of a written declaration), confirms that Cardholder is the true donor providing the donation to his/her Organization(s).
Trureal Cardholder understands that only Registered Charities in Canada and Registered Nonprofits (501(c)) in USA can issue Tax receipts. If Cardholder selects to support an Organization that is not a Registered Charity in Canada or not a Registered Nonprofit in USA, no Tax Receipt will be issued. Trureal Cardholder further understands that some Registered Charities or Registered Nonprofits (501(c)) will not issue a Tax Receipt if the donation does not exceed $20.00 or $25.00 depending on the Charitable Organization. Cardholder may wish to review the receipting policy of the Charitable Organization they wish to support.
Trureal Cardholders who acquire a Trureal Prepaid card agree and acknowledge that the Primary Organization selected is committed to covering the cost of the Prepaid Card. As such, Primary Organization must receive a minimum of 50% of the donations made by the Cardholder. Cardholder has the option to support up to 3 Organizations of their choice from the Trureal Organization Directory.
Linking Your Payment Card & Card Eligibility
In order to receive cash back rewards from participating GSN Merchants for qualifying purchases of goods or services, you must link at least one eligible debit or credit card (“Payment Card”) to your Trureal Account. Please note that not all debit and credit cards are eligible to be linked to your Account. All determinations as to whether a card is eligible to be a Payment Card are at Trureal’s sole discretion. For example, certain Visa*, Mastercard®, and American Express cards are not eligible to be linked to your Account, including, but not limited to, the following: prepaid cards, corporate cards, purchasing cards, store cards which can only be used at their respective retailers’ stores, government-administered prepaid cards (including Electronic Benefit (EBT) cards), healthcare cards (including Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, and insurance prepaid cards), Visa Buxx, and cards that are not processed through the Visa U.S.A payment system, the Mastercard® payment system, or the American Express payment system. In order to be eligible as a Payment Card, it must be issued by a U.S. or Canadian bank. In addition, you may not be able to link a debit or credit card to your Account if the card is already linked to certain other third-party card-linked offer programs.
Use of Enrolled Cards and Transaction Information
By linking a card to your Trureal account through the GSN Card Link Program enrollment, you agree that (1) Visa, MasterCard®, Discover, American Express or any other qualifying payment network (“Payment Network”) may use and share transactional information regarding your registered payment card activity (including date, time, Merchant, location, and purchase or return amount) at participating GSN Merchants with Trureal and third parties working on its behalf as necessary for Trureal and its third parties to facilitate the GSN Card Link Program and to provide you with your cash back reward(s), and (2) Trureal may monitor transactions (including returns) on your registered payment card to determine where you used your card and the type of Merchant regardless of whether such Merchant is a GSN participating Merchant. You agree that Trureal and Third-Party Service Providers may view your transactions and share with participating Merchants. You authorize participating Merchants to provide the Company with historical transaction data.
Trureal uses Plaid Technologies, Inc. (“Plaid”) to gather Users’ data from financial institutions. By using the Services, you grant Trureal and Plaid the right, power and authority to act on your behalf to access and transmit linked card transactional detail from the relevant financial institution.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Cardholder is responsible for maintaining the confidentiality of their password and account and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify TISI/TIS, of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Trureal will not be liable for any loss or damage arising from your failure to comply with this Section.
COPYRIGHT AND TRADEMARK NOTICES
Cardholder may not modify, copy, distribute, transmit, display, perform, produce, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, images, media, information, software, products or services obtained from this website. You shall use your best efforts to stop any such copying or distribution immediately after such use becomes known to you.
All right title and interest in this Website and the intellectual property and other proprietary rights in and affecting this Website (and all Content therein) including, without limitation, copyright, trademark, patent, proprietary information applicable thereto (collectively, “Intellectual Property”) are owned by Trureal and its subsidiaries.
All site design, text, graphics, interfaces and selection arrangements thereof are copyrighted by Trureal all rights reserved. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of personal and non-commercial future reference. Any other use of materials on this site, including production or reproduction for purposes other than those stated above, modification, distribution, or republication, without the prior written consent by Trureal is strictly prohibited. You agree that Trureal retain all proprietary right, title and interest including copyright, in the materials, including but not limited to text, images, graphics and other multimedia data on the website.
USE OF SITE
As a condition of your use of the website, you warrant to Trureal that you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the website in any manner which could damage, disable, overburden or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
You shall indemnify and hold harmless Trureal and its subsidiaries, against any claim, damages, loss, liability or expense, including attorney’s fees, arising out of your use of the website or its content in any way contrary to the terms of usage of this website Legal Disclaimer or contrary to any applicable law.
The information, software, products and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically incorporated to the information on the site. Trureal may make improvements and/or changes in the website at any time. You hereby acknowledge that any reliance upon any materials, information, and advice shall be at your sole risk. Trureal reserves the right in its sole discretion and without any obligation, to make changes to, improvements to, or correct any errors or admissions in any portion of the service, products, materials or information provided on this website. Advice received via the site should not be relied upon for any personal, nutritional, medical, business, technical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your specific situation.
TERMINATION OF USE
Trureal reserves the right in its sole discretion to terminate your access to any or all of Trureal’s website and the related services or any portion thereof at any time without any notice.
To the maximum extent permitted by law, this Legal Disclaimer is governed by the laws of the Province of Ontario, Canada/State of Indiana, USA and you hereby consent to the exclusive jurisdiction and venue of the courts of the Province of Ontario/State of Indiana in all disputes arising out of or relating to the use of the Trureal website. Use of the Trureal website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation, this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists or is created between you and Trureal as a result of this Legal Disclaimer and/or use of the website.
TRUREAL’S COMPLIANCE WITH APPLICABLE LAWS
Trureal reserves the right to change, amend, alter, enhance or remove any and all parts, information provided to or gathered by Trureal in order to abide by, or conform to, or comply with governmental, court and law enforcement requests or requirements relating to any aspect, including your use, of the site. If any part of this Legal Disclaimer is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Legal Disclaimer shall continue in effect.
Unless otherwise specified herein, this Legal Disclaimer constitutes the entire Legal Disclaimer between the User and Trureal with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Trureal with respect to the website. A printed version of this Legal Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Legal Disclaimer to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the User and Trureal that this Legal Disclaimer and all related documents be drawn up in English.
Trureal Cardholders agree and accept that participating Merchants in the Trureal GSN program will be providing a cash back to the Cardholder. Cardholder acknowledges that he/she has unfettered use of the cash back. Cardholder, by agreeing to the GSN Terms and Conditions, instructs participating Merchants to act as an agent to deliver the cash back to the Organization(s) linked to Cardholder’s card.
Trureal Cardholder agrees and accepts that the cash back donation to Organization of choice is a voluntary action from the Cardholder. With the donation of cash going directly to the Organization instead of the Cardholder, the Cardholder acknowledges that he/she is being impoverished as the tax benefit received by the Cardholder is far less than retaining the cash back.
DISCLAIMER OF LIABILITY
The information, services, products and materials contained in this site, including, without limitation, text, graphics and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, Trureal disclaims all representations and warranties, express or implied, with respect to such information, services, products and materials, including but not limited to warranties of merchant ability, fitness for a particular purpose, quality, quantity, title, non-infringement, freedom from computer virus. In addition, Trureal does not represent or warrant that the information accessible via this site is accurate, complete and current.
You agree that Trureal is not liable for any damages of any kind for any reason arising out of, or related to, the use of any other website as a result of following links or hyperlinks from, or through, the website.
This Website originates in Canada. These Website Use Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
These Website Use Terms and Conditions may be updated and amended from time to time by Trureal, with or without notice, and constitute the entire agreement between Trureal and Cardholder pertaining to your use of the Website. Failure of Trureal to insist upon or enforce strict performance of any right or provision of these Website Use Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any provision (or part thereof) contained in these Website Use Terms and Conditions is determined to be void, invalid or otherwise unenforceable pursuant to a court of competent jurisdiction or arbitrator, such determination shall not affect the remaining provisions (or parts thereof) contained herein.