(As of 06/11/2017)

 

TERMS AND CONDITIONS

TRUREAL INC., (hereinafter “TRUREAL”) and its subsidiaries, TRUREAL IT SERVICES INC., and TRUREAL FUNDRAISING SERVICES INC., is an advertising and marketing company, who owns and operates the TRUREAL Loyalty Program (TLP). The TRUREAL Loyalty Program is run and administered through TRUREAL IT SERVICES INC. TRUREAL FUNDRAISING SERVICES INC., is a third party fundraising company. Collectively, TRUREAL and its subsidiaries are incorporated under the laws of Ontario, Canada and having its registered address at 7000 Pine Valley Drive, Suite 100, Vaughan, Ontario, Canada L4L 4Y8.

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 Charities 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
  • Charity: A Charitable organization registered with Canada Revenue Agency
COMMITMENT TO PRIVACY

TRUREAL is committed to protecting our cardholder’s privacy. We collect and use cardholder personal information: (i) to administer the TLP; (ii) to invoice Merchant Partners; (iii) to submit to Charity 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 and contests.

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 LOYALTY PROGRAM

To enroll in the program, cardholders must log into www.trureal.com and follow the prompts under the Cardholder enrollment section. You must provide us with a valid mailing address in Canada and a valid e-mail address (if applicable).

While similar programs may be offered in other countries, the TLP entitles you to collect credits only from participating TRUREAL Merchants within Canada. 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 Charities participating in the TLP 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).

*The TLP is a 5% program.  Certain exceptions may apply.  For example, Grocery Retailers, Gas Stations and Merchants offering large ticket items in excess of $5000 can offer a range between 2% to 5%.  However, TRUREAL, in it’s sole discretion, can determine the donation percentage that a particular Merchant can offer in the TLP.

TRUREAL Cardholder understands that TRUREAL receives all Cardholder transactional details directly from Visa* program manager and that Visa* only supplies the Total Gross Purchase which includes the Pre-Tax purchase, sales tax (if applicable), and gratuity in the form of a “Tip” or “service charge” (ie. restaurant). In all circumstance, Cardholder agrees that TRUREAL IT Services Inc. (TISI) will reduce the Gross Purchase by 13% (HST sales tax – Ontario) and utilize that amount to determine cardholder’s charitable contribution. For businesses where a gratuity may be associated with the Gross Purchase amount, TISI will reduce the amount by 30% (sales tax + gratuity) and utilize that amount to determine cardholder’s charitable contribution.

Trureal participating Merchants and Cardholder agree to participate in TLP under the Terms and Conditions of the TLP program.  Cardholder acknowledges and agrees that they are receiving a reward from participating Merchant in the form of a loyalty bonus.  Cardholder acknowledges and agrees that participating Merchants have agreed to participate in TLP under the following conditions: (Option A) Merchant will donate up to 5% of pre-tax purchase to the charity linked to cardholder’s card on behalf of said cardholder; (Option B) If cardholder request to have a cash loyalty rebate instead, Merchant is prepared to rebate to cardholder 20% of the donation percentage the Merchant has agreed to make to charity of choice to be paid no later than December 31st of said year of request (to allow for reconciliations).  If Merchant rebates 20% of the charity donation percent to cardholder, then Merchant agrees to corporately donate the difference of the agreed donation to charity linked to cardholder’s card.

In Option A, cardholder acknowledges and agrees that he/she is voluntarily donating the loyalty bonus to charity and is instructing the Merchant to act as an Agent to donate his/her reward to cardholder’s charity on behalf of cardholder as a logistical solution to delivering said donation.  Participating Merchants agree to provide a loyalty bonus to cardholder and to act as an Agent, on behalf of cardholder, in making the donation to the cardholder’s charity.

Cardholder, by agreeing to the Terms and Conditions (and in substitution of a written declaration), confirms that cardholder is the true donor providing the donation to his/her charity.

In Option B, cardholders who wish to make a request for cash loyalty rebate must do so no later than the last day of the previous month billing cycle in order to receive the cash loyalty rebate for the requested billing cycle.   For example, if a cardholder wishes to receive the cash loyalty rebate for their spending during the month of December, the cardholder will need to log into their Trureal profile and make the request no later than November 30th in order to receive the cash loyalty rebate for December.

TRUREAL Cardholders agree and acknowledge that the charity they select to be branded on their individual card (the “primary” charity) must receive a minimum of 50% of the donations made on behalf of the cardholder. The cardholder has the option to support up to 3 charities of their choice from the TRUREAL charity directory.

TRUREAL also offers an 8 week Merchant Incentive Program. Each TRUREAL Merchant has the option to participate in TRUREAL’s 8 week program whereby each Merchant can offer to their TRUREAL Cardholder a donation percentage greater than 5%. This offer can span one week, two weeks, three weeks or any combination to a maximum of 8 weeks in any given year starting from the day the Merchant contracts with TRUREAL FUNDRAISING SERVICES INC.

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 TRUREAL IT SERVICES INC., 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.

 

LEGAL DISCLAIMER

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.

RELIABILITY

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.

GOVERNING LAW

To the maximum extent permitted by law, this Legal Disclaimer is governed by the laws of the Province of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of the courts of the Province of Ontario 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.

DONATIVE INTENT

TRUREAL Cardholders agree and accept that participating Merchants in the TLP will be making a donation of cash to the Charities linked to Cardholder’s card on behalf of said Cardholder. Participating Merchants wish to reward their customer’s spending behaviour by providing a loyalty reward. Instead of offering the value of points, the Merchant, following the instructions of his customer, will act as an agent for the Customer in making said donation as agreed between both parties and outlined in the Terms and Conditions of participation in TLP.

TRUREAL Cardholder agrees and accepts that the loyalty reward of cash donation to his charity of choice is a voluntary action from the merchant on behalf of said Cardholder. With the donation of cash going directly to the charity instead of the Cardholder, the Cardholder acknowledges that he is being impoverished as the tax benefit received by the Cardholder is far less than receiving the cash rebate from the Merchants. Furthermore, the Merchant’s impoverishment occurs as a result of making the donation on behalf of the Customer resulting in the donation being non-deductible for the Merchant.

 

DISCLAIMER OF LIABILITY

DISCLAIMER

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 merchantability, 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.

To the maximum extent permitted by applicable law, in no event shall TRUREAL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for personal injury, death, damage to property, loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of any site, whether based on contract, tort, negligence, strict liability, or otherwise, even if TRUREAL has been advised of the possibility of damages. If you are dissatisfied with any portion of the website or with any terms of use, your sole and exclusive remedy is to discontinue using the website.

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.

JURISDICTION

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.

GENERAL

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.