Amex
Canada
Terms and Conditions
1.0 INTRODUCTION
1.1 This agreement sets out the terms and conditions that govern the Membership
Rewards Program (the "Program"). By participating in the Program, you agree to
these Terms and Conditions. If applicable, these Terms and Conditions replace
any previous terms and conditions provided to you in respect of the Program.
There may be separate terms and conditions that govern other tiers of the
Membership Rewards program. The separate terms and conditions do not apply to
the tiers of the Program governed by these Terms and Conditions and these Terms
and Conditions do not apply to the other tiers.
2.0 DEFINITIONS
In this agreement: "Bank", "we", "us" and "our" refer to Amex Bank of Canada,
101 McNabb Street, Markham, Ontario, L3R 4H8; "You", "your", "yours" and
"Cardmember" refer to a Basic Cardmember or an individual cardmember who holds
a Corporate Card but does not include a Supplementary Cardmember; "Aeroplan
Program" means the Aeroplan rewards program managed by Aeroplan Limited
Partnership; "Basic Cardmember" means an American Express® cardmember who holds
a Card that is issued by us as a Basic Card and in whose name the Card account
is held; "Card" means a Charge Card or a Credit Card; "Charge Card" means each
American Express charge card that is eligible to participate in the Program as
designated by us from time to time and currently includes the American Express
Gold Card, The Platinum Card, the Lifetime® Card, the American Express Card,
the American Express Holt Renfrew Platinum Card, the Corporate Card and the
American Express Corporate Card for Small Business; "Companion Card" means an
American Express Companion Credit Card that is associated with a Charge Card
other than a Corporate Card or American Express Corporate Card for Small
Business; "Corporate Card" means American Express Corporate Cards with card
account numbers beginning with 37358, 37359, 37326, 37905, 37906, 37907 or
37920 but does not include an American Express Corporate Card for Small
Business; "Credit Card" means each American Express credit card that is
eligible to participate in the Program as designated by us from time to time
and currently includes the American Express Tiger Woods Credit Card, a
Companion Card and an American Express Credit Card beginning with 37350 and
renewals and replacements of Credit Cards beginning with 37350; "Earn Rate"
means each earn rate for points applicable to the Cardmember, including the
base earn rate, the Points Accelerator earn rate and any other additional earn
rate that we may offer and for which the Cardmember is qualified; "Points for
Credit" is defined in section 7.5; "Program" means the Membership Rewards
Program; "Program Account" means an account that we maintain for points earned
in respect of the Program; "Supplementary Cardmember" means an American Express
cardmember who holds a Card that is issued by us as a Supplementary Card
associated with a Basic Cardmember's Card account and includes a Supplementary
Card associated with a Basic Cardmember's American Express Corporate Card for
Small Business; "Terms and Conditions" refers to this agreement, as amended or
supplemented from time to time; "Third Party Program" means the airline
frequent flyer, hotel frequent guest or any other form of third party rewards
programs that participate in the Program from time to time and currently
includes, without limitation, the Aeroplan Program; and References to "points"
means points issued in accordance with the Program unless otherwise provided.
3.0 TIERS AND ELIGIBILITY
3.1 The Program currently has four (4) tiers that are governed by these Terms
and Conditions: Membership Rewards Tier, Membership Rewards Credit Card Tier,
Membership Rewards Holt Renfrew Level Tier and Membership Rewards Club Level
Tier. American Express Cards that are not referred to in these Terms and
Conditions are currently not eligible for the Program. Other tiers of the
program are governed by separate terms and conditions.
3.2 Membership Rewards Tier
Enrollment in the Membership Rewards Tier of the Program is automatic and
complimentary for Cardmembers holding one of the following Charge Cards:
American Express Gold Card, The Platinum Card and the Lifetime Card.
Cardmembers holding an American Express Card, American Express Corporate Card
for Small Business or a Corporate Card are not automatically enrolled in the
Program and must choose to participate and pay the applicable annual fee in
order to enroll in the Membership Rewards Tier of the Program. In the case of a
Corporate Card, the Cardmember must choose to enroll in the Program and
participation is also subject to the approval of the company or other entity in
whose name the account is opened. Cardmembers enrolled in the Membership
Rewards Tier of the Program are currently eligible to redeem for all rewards
offered by the Program including the Aeroplan Program with the exception of
Corporate Card members who are not eligible for Points for Credit.
3.3 Membership Rewards Credit Card Tier
Enrollment in the Membership Rewards Credit Card Tier of the Program is
automatic and complimentary for Cardmembers holding a Companion Card associated
with a Charge Card that is enrolled in the Program. Cardmembers holding an
American Express Tiger Woods Credit Card or an American Express Credit Card
beginning with 37350 are not automatically enrolled and must choose to
participate and pay the applicable annual fee in order to enroll in the
Membership Rewards Credit Card Tier of the Program. Cardmembers enrolled in the
Membership Rewards Credit Card Tier of the Program are currently eligible to
redeem for all rewards offered by the Program except for the Aeroplan Program
and Points for Credit.
3.4 Membership Rewards Holt Renfrew Level Tier
Enrollment in the Membership Rewards Holt Renfrew Level Tier of the Program is
automatic and complimentary for Cardmembers holding the American Express Holt
Renfrew Platinum Card. Cardmembers enrolled in the Membership Rewards Holt
Renfrew Level Tier of the Program are currently eligible to redeem for all
rewards offered by the Program including the Aeroplan Program. In addition,
only Cardmembers enrolled in the Membership Rewards Holt Renfrew Level Tier are
eligible to redeem for Holt Renfrew E-Gift Cards, which can be used towards
purchases of merchandise or services at Holt Renfrew locations across Canada.
Please refer to additional terms and conditions governing the redemption for
E-Gift Cards in the American Express Holt Renfrew Platinum Card welcome
package.
3.5 Membership Rewards Club Level Tier
Enrollment in the Membership Rewards Club Level Tier of the Program is
automatic and complimentary for Cardmembers holding the American Express Tiger
Woods Credit Card. Cardmembers enrolled in the Membership Rewards Club Level
Tier are not eligible to redeem points for airline tickets, travel certificates
or to transfer points to airline frequent flyer programs participating in the
Program, including without limitation the Aeroplan Program. Cardmemebers
enrolled in the Membership Rewards Club Level tier are also not eligible for
Points for Credit.
4.0 SUPPLEMENTARY CARDS AND CORPORATE CARDS
4.1 The Program and points are for the sole benefit and use of Cardmembers.
Supplementary Cards are automatically included in the Program in the same tier
as the Basic Card account and in the Points Accelerator® service if the Basic
Card account is enrolled in that service.Points earned by a Supplementary
Cardmember can only be redeemed by the Basic Cardmember. Points will only be
issued to the Basic Cardmember and will be recorded in the Basic Cardmember's
Program Account. Supplementary Cardmembers are not considered participants in
the Program because their Cards are issued on the Basic Cardmember's Card
account. Supplementary Cardmembers do not have any rights against us, our
parent, affiliates and subsidiaries in respect of the Program or points.
4.2 In the case of Corporate Cards and the American Express Corporate Card for
Small Business, the Program and points are also for the sole benefit and use of
Cardmembers even if the company or other entity in whose name the account is
opened has paid the Program fees. Points can only be earned by, issued to and
redeemed by Cardmembers. The company or other entity in whose name the account
is opened is not considered a participant in the Program and does not have any
rights against us, our parent, affiliates and subsidiaries in respect of the
Program or points. If the Cardmember has a personal Card account enrolled in
the Program and chooses to link a Corporate Card or an American Express
Corporate Card for Small Business Program Account to such personal account,
then all points will accumulate in the Cardmember's personal Program Account
(subject to any restrictions in these Terms and Conditions with respect to
pooling points).
5.0 FEES
5.1 Annual fees, where applicable, will be billed to the Card account billing
statement on the enrollment date, and thereafter, automatically each year on
the anniversary of the enrollment date. The enrollment date will be considered
the day that enrollment processing is completed by us as determined by us at
our sole option and discretion. Annual fees are subject to applicable taxes.
5.2 Annual fees are subject to change. For information on current annual fees
(including the Points Accelerator service or upgrading from one tier to another
tier, if applicable) please visit www.americanexpress.ca or call
1-800-668-2639.
6.0 POINTS ACCUMULATION AND THE POINTS ACCELERATOR SERVICE
6.1 Subject to these Terms and Conditions, points are calculated on each
purchase of goods or services charged to your Card. Each purchase is multiplied
separately by each applicable Earn Rate to determine the number of points.
However, only full points will be earned. A fraction of one point is rounded up
from and including .50 points and rounded down if it is less than .50 points.
Therefore, we will disregard and not accumulate a fraction of one point that is
less than .50 points.
6.2 Points will be deducted for each return and adjustment. Each return or
adjustment is multiplied by the appropriate Earn Rate to determine the number
of points to be deducted. Points will be deducted based on the appropriate Earn
Rate at the time of calculation even though the returns or adjustments may
relate to purchases that earned points at a different Earn Rate. A fraction of
one point to be deducted will be rounded up or down on the same basis as points
earned as described above. Points will be deducted for returns or adjustments
from points earned and will also be deducted from future issued points for
returns or adjustments which are not fully offset by points earned. We may also
deduct points from points or other rewards that have already been issued by
Third Party Programs.
6.3 Items submitted to us or recognized by our systems as being purchases or
charges for travellers cheques or foreign currencies, cash advances, balance
transfers, Amex Cheques, Express Cash transactions, annual fees, finance
charges and/or other fees or charges are not eligible to earn points.
6.4 Points will not be calculated on a purchase, return or adjustment until it
is posted to your Card account. With the exception of Corporate Cards, points
earned on purchases or deducted on returns or adjustments are credited to or
deducted from the Program Account throughout your Card account billing periods.
For Corporate Cards, points earned on purchases or deducted on returns or
adjustments in a billing period will not be credited to or deducted from the
Program Account until after the end of the billing period. The linking of Cards
to one Program Account as permitted in these Terms and Conditions will not
affect when points are credited to or deducted from the Program Account for
each Card. Your Membership Rewards Account Summary provides a statement of the
total points credited to and deducted from the Program Account during the
period covered by your Membership Rewards Account Summary. This is not
necessarily the same period as your billing statement.
6.5 Subject to these Terms and Conditions, you can earn points as follows:
(a) Cardmembers enrolled in the Program (not including Platinum Card members
and American Express Holt Renfrew Platinum Card members) will have an Earn Rate
of one (1) point for every $1.00 in eligible purchases charged to their Card
accounts that are participating in the Program and that have been billed to
their Card accounts as well as associated Companion Cards and Supplementary
Cards, if applicable and calculated as set out in these Terms and Conditions.
(b) Eligible Cardmembers enrolled in the Points Accelerator service will have
an additional Earn Rate of 0.5 points for every $1.00 in eligible purchases
charged to their Card accounts that are participating in the Program and that
have been billed to their Card accounts, as well as associated Companion Cards
and Supplementary Cards, if applicable and calculated as set out in these Terms
and Conditions. Optional enrollment in the Points Accelerator service is
available for an annual fee to American Express Gold Card members including
associated Companion Cards and such other Cards as we may determine from time
to time.
(c) Platinum Card members and American Express Holt Renfrew Platinum Card
members are automatically enrolled in the Points Accelerator service and will
have Earn Rates of one (1) point and 0.5 points for every $1.00 in eligible
purchases charged to their Card accounts and that have been billed to their
Card accounts, as well as associated Companion Cards and Supplementary Cards,
if applicable and calculated as set out in these Terms and Conditions.
Examples:
For a purchase of $69.49 and Earn Rates of one point per $1.00 and 0.5 points
per $1.00 for the Points Accelerator service, points will be earned as follows:
- Earn Rate of 1 point per $1.00 (1x69.49 = 69.49 rounded down to 69 points)
- Earn Rate for Points Accelerator service of 0.5 points per $1.00 (0.5x69.49 =
34.745 rounded up to 35 points) total points earned is 104 points (69+35 = 104)
7.0 POINT REDEMPTION
7.1 Points earned in a Program Account can only be redeemed by the Cardmember
(which does not include Supplementary Cardmembers). In order to redeem points,
the Program Account must be active (meaning not cancelled by you or by us) and
all Cards enrolled must be in good standing (meaning no account is cancelled,
past due or otherwise in default under the terms of the Cardmember Agreement).
7.2 Cardmembers enrolled in tiers of the Program that are eligible to transfer
points to a Third Party Program must link the Program Accounts in their names
to the Third Party Program in their names. Terms, conditions and restrictions
may apply to the Third Party Program including without limitation minimum
points transfer requirements. We will determine the method for calculating and
managing the transfer of points to Third Party Programs or for redemption in
respect of other Program rewards at our sole option and discretion.
7.3 In the event that a participating Third Party Program withdraws or is
otherwise terminated from the Program, we reserve the right, without prior
notice, to limit the number of points or no longer permit points to be
transferred to that Third Party Program prior to and subsequent to the
termination date of such Third Party Program's participation in the Program.
7.4 Cardmembers should allow a minimum of three (3) business days for point
transfer to a Third Party Program and Points for Credit to be applied to their
Card account. Approximately two (2) weeks will be required for the delivery of
certificates, tickets or other material for other redeemed rewards. Merchandise
rewards may take 4-6 weeks for delivery. Some items may have longer delivery
times as indicated in the merchandise description.
7.5 Subject to these Terms and Conditions, Cardmembers enrolled in the Program
(other than Corporate Cards and Cards enrolled in the Membership Rewards Credit
Card Tier and Membership Rewards Club Level Tier) are eligible to redeem points
for a credit to their Card account ("Points for Credit"). Points for Credit may
only be redeemed at the redemption rates and in the increments set by us for
the Program from time to time. Redemption rates, increments and other terms and
conditions in respect of Points for Credit may be different for other eligible
tiers of the Program. You cannot have Points for Credit reversed once we
receive and process your redemption request. We will not accept requests to
redeem Points for Credit for cash, cheque or in any other form. However, at our
sole option and discretion we may issue Points for Credit in a form other than
a Card account credit. We reserve the right to restrict Points for Credit if
your Card account has or will have a credit balance or in any other
circumstances that we determine at our sole option and discretion.
Notwithstanding the redemption of Points for Credit, it is your sole
responsibility to pay the applicable amount owing on your Card account in
accordance with your Cardmember Agreement.
7.6 For Cardmembers requesting that a points transfer to a participating Third
Party Program be processed faster than three (3) business days and if faster
processing is available for that Third Party Program, we will deduct additional
points from the Program Account for providing the faster processing service.
7.7 We are entitled to rely upon and use any Third Party Program account number
that you provide to us; however, any such account number that you provide may
be subject to validation by the Third Party Program including validation that
the account number (a) is correct or (b) is in the same name as the
Cardmember's name. We are entitled to rely upon and use any Third Party Program
account number that is provided to us by a Third Party Program as your Third
Party Program account number regardless of any account number that you have
previously provided to us.
7.8 The number of points required for each reward, minimum transfer
requirements and other restrictions are available at www.americanexpress.ca or
by calling 1-800-668-2639. Please ensure that you reference your tier of the
Program as requirements may differ between tiers of the Program.
8.0 LINKING ACCOUNTS, POOLING POINTS AND MOVING TIERS
8.1 A Cardmember may link Basic Cards in his or her name and that are eligible
to participate in the Program to one Program Account in his or her name
provided all the Cards are in the same tier of the Program except as provided
in these Terms and Conditions or as we permit from time to time at our sole
option and discretion and subject to any applicable fees.
8.2 An annual fee may apply in order to link a Corporate Card to the Program
Account of a Card enrolled in the Membership Rewards Tier.
8.3 Points earned from the use of Credit Cards cannot be transferred to the
Aeroplan Program. Therefore separate Program Accounts must be maintained for
points earned on Credit Cards which are part of the Membership Rewards Credit
Card Tier and points earned on Charge Cards. Cards enrolled in the Membership
Rewards Tier and the Membership Rewards Credit Card Tier may be linked to each
other. However, points cannot be transferred from a Program Account associated
with a Credit Card to a Program Account associated with a Charge Card. If a
Program Account associated with a Credit Card is linked to a Program Account
associated with a Charge Card, points may only be transferred from the Program
Account associated with the Charge Card to the Program Account associated with
the Credit Card. Cardmembers who pool points in this manner will be eligible to
redeem rewards offered by the Membership Rewards Credit Card Tier of the
Program which does not include the Aeroplan Program.
8.4 Points previously earned on Credit Cards are also not eligible for the
Aeroplan Program. Therefore, all existing Program Accounts under the previous
Membership Rewards Tier before the establishment of the current Membership
Rewards Credit Card Tier will be divided into two separate Program Accounts
based on the following method of calculation:
(a) If the total number of points historically earned on Credit Cards
(including bonus points earned on Credit Cards) in a Program Account since the
Cardmember joined the Program is greater than the total number of points
historically redeemed from the Program Account (which includes points earned
both on Credit Cards and Charge Cards) up to and including February 12, 2004,
the difference will be assigned to a new Program Account in the Membership
Rewards Credit Card Tier effective February 12, 2004. Effective February 12,
2004, the existing Program Account in the Membership Rewards Tier will be
reduced by the number of points that has been re-assigned to the new Program
Account in the Membership Rewards Credit Card Tier. Points re-assigned to a
Program Account in the Membership Rewards Credit Card Tier cannot be
transferred to a Program Account in the Membership Rewards Tier. However,
remaining points may be transferred from the existing Program Account in the
Membership Rewards Tier to the new Program Account in the Membership Rewards
Credit Card Tier. This will allow the pooling of unredeemed points to be
restored and the points will then be eligible to redeem rewards offered by the
Membership Rewards Credit Card Tier of the Program which is all of the rewards
that were offered by the Program before the introduction of the Aeroplan
Program. As of February 12, 2004, points earned will be distributed to Program
Accounts in accordance with section 8.3 above.
(b) If the total number of points historically earned on Credit Cards
(including bonus points earned on Credit Cards) in a Program Account is less
than or equal to the total number of points historically redeemed (which
includes points earned both on Credit Cards and Charge Cards) from the Program
Account up to and including February 12, 2004 any existing points that have not
been redeemed will remain in the existing Program Account in the Membership
Rewards Tier effective February 12, 2004. A new Program Account in the
Membership Rewards Credit Card Tier will also be established effective February
12, 2004 which will initially have a points balance of zero. As of February 12,
2004, points earned will be distributed to Program Accounts in accordance with
section 8.3 above.
8.5 If we permit a Cardmember to move a Card participating in one tier of the
Program (the "Existing Tier") to another tier of the Program (the "New Tier"),
we may require that the Cardmember redeem all points in the Program Account for
the Existing Tier before moving the Card to the New Tier. If so, any points in
the Program Account not redeemed prior to the move will be forfeited.
Similarly, if we permit a Cardmember to switch a Card from participating in
this Program to participating in a loyalty program that does not participate in
the Program (an "Alternative Loyalty Program"'), we may require that the
Cardmember redeem all points in the Program Account before switching the Card
to the Alternative Loyalty Program. If so, any points in the Program Account
not redeemed prior to the switch will be forfeited. In either case, if we do
allow you to move the points in the Program Account to the New Tier or
Alternative Loyalty Program, they will be governed by the New Tier or
Alternative Loyalty Program terms which may involve different or more
restrictive redemption rights and/or, at our discretion, a conversion in the
number of your points. At our discretion, the New Tier or Alternative Loyalty
Program will apply to purchases, returns and adjustments which have been posted
to the Cardmember's Account before the date on which the move or switch occurs
if points for these transactions have not been credited to or deducted from the
Program Account by the date on which the move or switch occurs. Once the move
or switch is effective, the New Tier or Alternative Loyalty Program will apply
even though this may involve returns, adjustments or other calculations that
relate to purchases that earned points under the previous tier of the Program.
9.0 LIMITATION OF LIABILITY AND ADDITIONAL TERMS
9.1 All rewards are subject to availability and restrictions may apply as to
when rewards can be redeemed. In the case of merchandise rewards that we
provide and that are not available, we reserve the right to substitute
merchandise that we determine is of equal value or credit the Program Account
at our sole option and discretion. Redeemed rewards are not refundable,
exchangeable, replaceable or transferable for cash or credit unless
specifically permitted by these Terms and Conditions. Cardmembers are solely
responsible for determination of any tax liability arising out of earning or
redemption of points. Cardmembers are subject to and must comply with any
additional terms, conditions and restrictions that apply to rewards.
9.2 We assume no responsibility for points transferred to a Third Party Program
account or for the actions by the Third Party Program in connection with their
respective programs or otherwise. Cardmembers are subject to and must comply
with the terms, conditions and restrictions of the Third Party Program.
Additional fees and charges may also apply to participation in Third Party
Programs and these fees and charges are solely the responsibility of the
Cardmember. Third Party Programs and their principals shall not be treated as
our agents for any purpose. We cannot provide information about points once
they are transferred to a Third Party Program.
9.3 Once earned points in a Program Account have been redeemed for any reward
in the Program including transfer to a Third Party Program, the points cannot
be transferred back into the Program Account.
9.4 By redeeming a reward, the Cardmember releases us, our parent, subsidiaries
and affiliates from any and all liability to Cardmembers, guests of Cardmembers
or any other person regarding the redemption of points, the receipt or use of
any reward or other participation in the Program. We are not responsible for
lost or stolen rewards, certificates or tickets (including without limitation
E-Gift Cards or merchandise rewards).
9.5 For certain rewards, the Cardmember may be required to sign an additional
waiver releasing us and the rewards supplier from all liability. Failure to
sign this waiver may result in cancellation of the reward.
9.6 Any additional meals, transportation or accommodation arrangements (or
other incidental expenses) made in connection with redeeming or taking
advantage of any reward will be the sole responsibility of the Cardmember.
Unless otherwise stated, alcoholic beverages, any applicable taxes, gratuities
and transportation to and from a reward destination are not included.
9.7 We, our parent, subsidiaries and affiliates are not responsible whatsoever
for Third Party Programs or any obligation in connection with their operation
or any expense, loss, injury, damage, delay, accident or any other matter
whatsoever, however suffered or caused, directly or indirectly arising out of
participation in a Third Party Program including, without limitation, (i) delay
in enrollment of a Cardmember in the Third Party Program, for whatever reason;
(ii) unauthorized redemption of rewards from a Third Party Program; (iii)
failure or delay by the Third Party Program or any other person to redeem
rewards or to provide any goods or services (including without limitation any
travel, transportation or accommodation services), for whatever reason; (iv)
loss or damage caused by goods and services supplied or requested in connection
with the Third Party Program; (v) any changes to a Third Party Program with or
without notice; (vi) termination of a Third Party Program, with or without
notice, for whatever reason; and (vii) expiry of or revocation of your points
or miles provided by the Third Party Program or your participation in the Third
Party Program, with or without notice, for whatever reason. You agree therefore
not to make any claims against us for any matter connected in any way with a
Third Party Program. All recourse for any and all liability in connection with
a Third Party Program is against the third party only.
9.8 To the extent permitted by applicable law and subject to any provisions in
these Terms and Conditions which limit our liability, we, our parent,
subsidiaries and affiliates will not be liable to you or any third party for
any incidental, indirect, consequential, special, punitive or exemplary damages
of any kind whatsoever arising from or in connection with the Program, points,
rewards or Third Party Programs (whether in contract, tort, strict liability,
products liability or otherwise), including, without limitation, lost revenues,
loss of profits or loss or interruption of business. In no event shall we be
liable to you for any delay in or failure to perform due to causes beyond our
control, including, without limitation, any act of God or any act or omission
of a third party.
9.9 The sections under the heading Limitation of Liability and Additional Terms
in these Terms and Conditions will survive termination of your participation in
the Program.
10.0 INSURANCE PROGRAMS
10.1 The following Cardmember insurance programs will not apply to flights,
accommodations or car rentals taken with redeemed points or points converted
into rewards or points with Third Party Programs: Travel Accident Insurance,
Automatic Flight Insurance, Automatic Flight Insurance Plus, Flight and Baggage
Delay Insurance, Hotel/Motel Burglary Insurance, Lost or Stolen Baggage
Insurance, Car Rental Theft and Damage Insurance. Coverage for Automatic Flight
Insurance and Automatic Flight Insurance Plus will only be activated pursuant
to the terms and conditions of such coverage which includes (but is not limited
to) the purchase of the full fare of the ticket on an eligible American Express
Card. Coverage under the insurance programs listed above, excluding Automatic
Flight Insurance and Automatic Flight Insurance Plus, will only be activated
pursuant to the terms and conditions of such coverage, which includes (but is
not limited to) the purchase of the ticket, car rental or accommodations with
an eligible Card or the redemption of a Membership Rewards Travel Certificate
or a Membership Rewards Car Rental Certificate providing at least 50% of the
cost (excluding taxes) of the ticket, car rental or accommodations is charged
to an eligible Card.
11.0 EXPIRY/CANCELLATION/TERMINATION/TRANSFER/AMENDMENT
11.1 Cardmembers will have until December 31, 2008 to accumulate points and to
request a reward. Reward certificates will be honoured for six (6) months from
the date of issue and then expire unless otherwise provided at our sole option
and discretion.
11.2 To cancel enrollment in the Program or to cancel enrollment in an optional
service associated with the Program at any time please call 1-800-668-2639.
11.3 We may cancel or reverse any points not properly issued. We may refuse to
issue points or redeem rewards or we may cancel points already issued to you if
we consider you to be in default under the terms of a Cardmember Agreement, if
we have reason to believe that you caused or allowed a breach of the conditions
of use of a Card or a breach of these Terms and Conditions, or for any other
reason.
11.4 At our discretion we may, but are not obligated, to offer special
promotions or additional opportunities to earn points at the rate and on the
terms and conditions as we may determine from time to time.
11.5 We reserve the right to cancel, change or substitute the rewards or the
Program at any time with or without notice. Required point levels for rewards
are subject to change without notice. Third Party Programs may be changed or
terminated at any time, for any reason, with or without notice. It is your
responsibility to keep up to date on the terms and conditions and all other
particulars of any Third Party Programs.
11.6 We reserve the right to change the Program terms and conditions including
without limitation assignment and reassignment of tiers and associated rights,
at any time without notice. We may establish additional tiers of the Program.
Additional American Express Cards or existing Cards as we may determine from
time to time may be added to an existing tier or to a new tier of the Program.
We may also terminate, amalgamate and otherwise change tiers of the Program. We
may introduce fees or change the fees that we charge for participation in the
Program, a tier of the Program, to move tiers within the Program or for
optional services. We may change the rate at which you earn points or otherwise
change the calculation of points.
11.7 Fraud or abuse relating to the earning of points in the Program or
redemption of rewards including fraud or abuse related to transfers of points
to a Third Party Program, may result in forfeiture of earned points as well as
cancellation of a Program Account.
11.8 If for any reason we cancel any Card account enrolled in the Program, all
points earned in the Program Account will be forfeited. All Card accounts must
be active and not cancelled in order to participate in the Program.
11.9 Points earned in the Program Account do not constitute property of the
Cardmember and are not transferable except as permitted in accordance with
these Terms and Conditions. Points have no cash or monetary value. For greater
certainty, Points for Credit permitted by these Terms and Conditions and the
redemption rates for Points for Credit will not be considered as a cash or
monetary value of points or the program.
11.10 If a Cardmember cancels any linked Card accounts, any points earned in
the Program Account will be forfeited unless (a) one of the remaining linked
accounts is an American Express Gold Card, The Platinum Card or Lifetime Card,
or (b) the Cardmember requests and pays the applicable annual fee for one of
the remaining linked accounts to continue to participate in the Program. If
there are no other linked accounts, any points earned will be forfeited unless
the Cardmember enrolls an eligible Card account to participate in the Program
and pays any applicable annual fee. If the Cardmember withdraws enrollment from
the Program or otherwise cancels the Program Account, any points earned will be
forfeited. The Cardmember can have forfeited points reinstated if an eligible
new or reinstated eligible Card account is requested and any applicable Program
enrollment fees are submitted within one (1) month of Program Account
cancellation. However, points remain subject to any restrictions on transfer
and pooling between tiers as set out in these Terms and Conditions.
11.11 In the event of a Cardmember's death and the subsequent cancellation of
Card(s) held in his or her name, points earned in the Program Account may be
redeemed by the beneficiary designated by the Estate Trustee or Executor. In
the case of a Corporate Card, points earned to the Account of a deceased
Cardmember will not be transferred to the company or other entity. If the
beneficiary is a Cardmember enrolled in the Program, points may be transferred
to his or her Program Account provided the deceased's and the beneficiary's
Program Accounts are in the same tier of the Program. Points remain subject to
any restrictions on transfer and pooling between tiers as set out in these
Terms and Conditions. If the beneficiary requests that points be transferred to
a Third Party Program, such transfer can only be made to the Third Party
Program account held in the name of the deceased Cardmember. Points transferred
to a Third Party Program cannot be transferred back to us and are governed by
the terms and conditions of the program in which they are held. Prior to any
point transfer to a Third Party Program, the beneficiary should contact the
operator of the Third Party Program to determine the terms, conditions and
restrictions with respect to transferring points to the deceased Cardmember's
Third Party Program and the accessibility of transferred points.
12.0 GENERAL
12.1 All questions or disputes regarding eligibility for the Program or the
eligibility of points for earning or redemption of rewards including transfer
of points to a Third Party Program, will be resolved by us in our sole
discretion.
12.2 You and the Bank expressly request and require that those Terms and
Conditions and all other related documents be drafted in English. Le client et
la Banque ont expréssement demandé que cette convention et tous les documents
qui s'y rattachent soient rédigés en anglais.
12.3 The headings to each section of these Terms and Conditions are added for
convenience and do not change the meaning of any provisions of these Terms and
Conditions.
12.4 These Terms and Conditions will be governed by the laws of the Province of
Ontario and the laws of Canada applicable in Ontario.
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