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    Terms and Conditions

    The Points SHOP™

    Effective July 15, 2013 The Points Shop reward is no longer available. Please contact The Points Shop Customer Service at 1 (888) 501-0326 for questions related to transactions with The Points Shop. For any questions relating to your Petro-Points account, please contact Petro-Canada Customer Service at 1 (800) 668-0220 (TTY: 855-717-5543).

    Visit the Best Buy page to see our exciting new reward.

    1. General Statement
    2. Returns
    3. Pricing
    4. Product Not Found
    5. Methods of Payment
    6. Safe Shopping
    7. Communication Policy
    8. Website Agreement
    9. Free Shipping
    10. Feedback

    1. General Statement

    All policies on this web site have been developed, prepared and are owned by MyAXS Inc. and its affiliates (collectively "MyAXS"). Suncor ("Suncor") and its affiliates are not responsible or liable for any of the policies on this web site or practices of MyAXS. All references to "we", "us" and "our" on this web site and in these policies, are references to MyAXS unless otherwise indicated.

     

    2. Returns

    Please keep the original box and packaging and return the items in the box with all of the accessories and manuals. Your satisfaction is our main goal. If you are not satisfied with your product or are having issues with it, you may send it back to us for a refund or an exchange. All we ask is that you follow the process so that we can identify your product and either refund you accordingly or replace the product. Most importantly, it is essential that you keep the original box and packaging and return the items in the box with all of the accessories and manuals.

    Please note, the following items cannot be returned:

    • Earrings
    • Headphones
    • Opened CDs
    • DVDs
    • Games
    Timing

    For most items, returns will be accepted within thirty (30) days from when the product is delivered. The following exceptions can only be returned within seven (7) days after you receive your order:

    • Computers
    • Monitors
    • Printers
    • Notebook Computers
    • Camcorders
    • Digital Camera
    • Portable DVD Players

    There are no returns on clearance items unless they are defective or the incorrect item was shipped.

    If the item is defective or the incorrect item, there will be no additional shipping charges, however, for straight returns shipping and handling charges are non-refundable.

    For Defective Products or Incorrect Shipments

    Each product has a different process for replacing defective products. For really large items, we may send a technician to your house to fix the product. For others we may send a replacement and pick up the product at the same time, or we will pick it up from you and send you a replacement. As each one is different; all we ask is that you:

    1. Log onto your account
    2. Go to your order history
    3. Select the product you wish to return
    4. Follow the instructions for returning that product

    Once we receive the product, we will check to make sure it is defective. Once we have confirmed that the product is defective and all the manuals and accessories are included, we will issue you a full refund, including your shipping costs or replace the product, whichever you prefer.

    For Returns

    For returns, we follow a similar process to the one for defective products. It is essential that you return the item in the original box along with all the accessories and manuals. All we need you to do is:

    1. Log onto your account
    2. Go to your order history
    3. Select the product you wish to return
    4. Follow the instructions for returning that product

    Once we receive the product, we will check it to make sure that it is not damaged and that all the manuals and accessories are present. At that point, we will issue you a full refund for the cost of the product and all applicable taxes.

    IMPORTANT: In the event that a returned order has items missing, the order may be refused, or the value of the missing materials may be deducted from the total credit amount.

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    3. Pricing

    The Points SHOP™ does it’s best to keep it prices competitive. Although, no formal price guarantee exists, if you find the same product elsewhere for less, please let us know. We will do what we can to match or beat that price.

    All you need to do is email us and include:

    • The product
    • The model number
    • The price you saw it advertised at
    • Where it was advertised

    Please be patient with us as this could take a day or two to resolve. We will get back to within two business days with some options.

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    4. Product Not Found

    Couldn't find what you were looking for? Not a problem, just email us and we will do our best to find it for you. We will get back to you within two business days with an answer. If we can find it, we will include the price and the delivery time in our answer to you.

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    5. Methods of Payment

    We accept all major credit cards issued by VISA®, MasterCard® and AMEX®. If you are using a U.S. dollar currency card, please note that our pricing is in Canadian dollars and that we only ship to Canada.

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    6. Safe Shopping

    Your safe and secure online shopping experience is our top priority. As such we have installed some additional security measures. We constantly monitor our purchases for suspicious activity. As such, you may receive a call from us or from TD Merchant Services validating your purchase. We do this to ensure that it was you who actually made the purchase. Please bear with us as we are only trying to protect all parties involved.

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    7. Communication Policy

    We take your privacy very seriously. We will never send you an email asking for personal information, account information or credit card information. We will never sell your information or make it available to any third parties. We will never share your purchase history with anyone.

    We will only communicate with you under the following scenarios:

    1. When you make a purchase:

    a) You will receive a confirmation email and an invoice

    b) You will receive a shipping confirmation when your item is shipped

    c) You will receive a follow up email just to make sure that everything was delivered to your satisfaction

    2. Weekly Hot Deals

    a) If you opt-in to receive our weekly newsletter you will receive a maximum of two (2) emails a week.

    b) You can always opt out by clicking on My Account and changing your preferences.

    c) This newsletter highlights our hottest deals and limited quantity offers for the week.

     

    3. System Maintenance Emails

    a) In rare instances you may receive an email from us about important system upgrades and features.

    b) We try to limit these to once or twice a year and only if they are extremely important.

     

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    8. Website Users Agreement

    General

    This website is operated by MyAXS Inc. and its affiliates (collectively "MyAXS"). Suncor ("Suncor") and its affiliates do not operate this website and accept no responsibility or liability for its content or any products, goods or services purchased, offered or made available through this website.

    This website is provided "as is" and is accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies, MyAXS makes no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.

    Product specifications are obtained from third parties, and while we make every effort to assure the accuracy of product information, we do not assume any liability for inaccuracies.

    MyAXS controls this website from its offices within Ontario, Canada. You agree that:

    (a) all matters relating to access to, use of, or purchases through this website will be governed by the laws of Ontario and the federal laws of Canada applicable to Ontario; the courts of Ontario have jurisdiction;
    (b) the United Nations Convention on Contracts for the International Sale of Goods will not apply; and

    (c) you are responsible for complying with all local laws.

    These Terms and Conditions, including: (a) the Online Shopping Terms and Conditions (below), (b) Acceptable Use Policy (below) and (c) the MyAXS Privacy Policy, constitute the entire agreement between MyAXS and you pertaining to the use of this website.

    MyAXS may modify these Terms and Conditions from time to time, for any reason, by posting revised Terms and Conditions on this website. Please review these Terms and Conditions from time to time so you will be apprised of any changes. If you continue to use this website after the revised Terms and conditions have been posted, you will be deemed to have agreed to them.

    The Content of this Website

    All content which forms a part of this website, including without limitation, all text, design, graphics, drawings, photographs, emails, photographs, pictures, video, code and software, and all organization and presentation of such content (collectively, the "Content"), is subject to all proprietary rights provided under intellectual property law including without restriction patent, copyright, trademark, and trade secret laws. You may copy electronically or print hard copies of any of the Web pages from this Internet Site provided that such copying or printing is for your personal, non-business purposes and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of MyAXS. Except when the express written authorization of MyAXS is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet Site. MyAXS reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.

    "MyAXS", "MyAXS.ca", "MyAXS.com" and certain other names, words, logos, slogans and images used on this web site are the property of and are subject to trademark rights held by MyAXS. “Petro-Points™,” “The Points Shop”and certain other names, words, logos, slogans and images used on this website are the property of and are subject to trademark rights held by Suncor. Certain other trademarks, trade names, words, logos, slogans and images depicted on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.

    You agree that you will not distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of MyAXS or its licensors or allow any third party to access the Content. These restrictions set forth in these Terms and Conditions shall not apply to the limited extent that they are prohibited by applicable law.

    Links to Third Party Websites

    This website may contain links to other websites. All such other websites are independent from this website and from The Points Shop. The Points Shop has no control over and expressly disclaims any liability for such websites or their contents. The provision of any link does not constitute an endorsement of such linked website by The Points Shop or by MyAXS. The Points Shop and MyAXS are not responsible for webstreaming or any other form of transmission received from any third party website nor is The Points Shop or MyAXS responsible if the third party website is not working appropriately. Any transactions that take place between you and the third party are directly with the third party and The Points Shop and MyAXS shall not be held responsible for any loss or damage that you may incur as a consequence thereto. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

    Exclusion of Liability

    PLEASE NOTE THAT ALL CONTENT ON THIS INTERNET SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYAXS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF MYAXS, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT MYAXS DOES NOT REPRESENT OR WARRANT THAT THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS INTERNET SITE OR THE SERVER THAT MAKES THIS INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. MYAXS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS INTERNET SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS INTERNET SITE. MYAXS DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.

    IN NO EVENT SHALL MyAXS OR SUNCOR, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE – WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF SUNCOR OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MyAXS TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    Indemnification

    You shall indemnify and save harmless MyAXS and Suncor, and each of their officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this website.

    In order to purchase through this website you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this website as payable by you and must use a valid credit card. All prices listed on this website are in Canadian dollars and all charges will be processed to your Card in Canadian dollars. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for personal, non-business purposes, unless you are using a business card and lawful purposes and any other use is not permitted. MyAXS reserves the right to limit the quantities of certain products which you can purchase through the facilities of this website. In addition to any other rights or remedies, MyAXS may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at anytime.

    Online Shopping Terms and Conditions

    All orders and purchases made through this website are subject to the following:

    • You agree to pay - You agree to pay for all charges noted herein as payable by you through your Card. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars to your Card.
    • Effect of errors on MyAXS' part - While The Points Shop and MyAXS take great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. The Points Shop and MyAXS may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.
        Pricing
        • All prices listed on this website are subject to confirmation. The Points Shop and MyAXS will notify you by email within two business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. If you do not receive an email within two business days of completing a purchase order, The Points Shop and MyAXS are deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price. Restrictions on who may purchase, what may be purchased and where items may be shipped.
        • You may only purchase or order items for personal, non-business purposes, unless you are using a business card and lawful purposes and any other use is not permitted.
        • You must be 18 years of age or older to purchase from this website.
        • Any items purchased on this website will not be delivered to an address outside of Canada.
        • The Points Shop and MyAXS reserve the right to limit the quantities, of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if The Points Shop or MyAXS believe that customer conduct contravenes applicable law or is harmful to the interests of The Points Shop or MyAXS or its representatives, agents, contractors, suppliers or licensees.
        • The Points SHOP and MyAXS will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, The Points Shop and MyAXS will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, MyAXS will notify you as soon as possible.
        • If any item listed or shown for purchase through the website is no longer available, the website will display a warning message to alert consumers. Where an item is replenishable and The Points Shop and MyAXS expect to receive further shipments, the website will display a "Temporarily Out of Stock" message. For non-replenishable items, the website will display an "Out of Stock" message. Out of Stock products will be removed for purchase from the website within seven days of the appearance of the warning message.
        • In order to protect you and The Points Shop and MyAXS from fraudulent transactions, The Points Shop and MyAXS may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. The Points Shop and MyAXS also reserves the right, at its discretion, not to ship items ordered or purchased on this web site to certain addresses. In the event that The Points Shop or MyAXS choose not to ship an item, you will be notified by email and any amount charged to your Card will be refunded.
        Acceptable Use Policy for your Ratings, Reviews, Comments and Communications

        All permitted and prohibited uses of this website, including any ratings, reviews, comments and communications, are governed by the "Acceptable Use Policy" as follows:

        Representations and Warranties

        You understand that except for advertising programs offered by The Points Shop and MyAXS and its website, the website is available for your personal, non-commercial use only. By submitting any content to The Points Shop and MyAXS or through the The Points Shop and MyAXS website, you represent and warrant that:

        • you are the sole author and owner of the intellectual property rights thereto;
        • all "moral rights" that you may have in such content have been voluntarily waived by you;
        • all content that you post is accurate;
        • you are at least 18 years old; and
        • use of the content you supply does not violate this Acceptable Use Policy and will not cause injury to any person or entity.

        You further agree and warrant that you shall not submit any content:

        • that is known by you to be false, inaccurate or misleading;
        • that infringes any third party intellectual property rights, including copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
        • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
        • that is, or may reasonably be considered to be, defamatory, libellous, hateful, obscene, discriminatory or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
        • for which you were compensated or granted any consideration by any third party;
        • that includes any information that references other websites, physical addresses, email addresses, contact information or phone numbers; or
        • that contains any computer viruses, worms or other potentially damaging computer programs or files; or
        • that contains any advertisements, "spam" content, or references to other products, offers, or websites.
        Ownership of Content

        For any content that you submit, you grant MyAXS a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. All content that you submit on or through The Points Shop website may be used at MyAXS’ sole discretion. MyAXS reserves the right to change, condense or delete any content on The Points Shop website that MyAXS deems, in its sole discretion, to violate any provision of this Acceptable Use Policy. MyAXS does not guarantee that you will have any recourse through MyAXS to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, MyAXS reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not MyAXS, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of MyAXS, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

        Privacy

        By submitting any Personal Information (as defined in The Points Shop Privacy Policy), in connection with your use of any ratings, reviews, comments and/or communications function offered through The Points Shop website, you agree that MyAXS may use such Personal Information in accordance with its Privacy Policy.

        Security

        You are prohibited from violating or attempting to violate the security of The Points Shop website, including, without limitation:

        1. accessing data not intended for you, including logging into a server or account which you are not authorized to access,
        2. attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization,
        3. attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing",
        4. forging any TCP/IP packet header or any part of the header information in any posting,
        5. disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding MyAXS'  ability to monitor or make the website available, or
        6. taking any action in order to obtain services to which the you are not entitled. Violations of system or network security may result in civil or criminal liability. MyAXS will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such violations.
          Suspension or Termination

          If MyAXS determines, in its sole discretion, that you are in violation of any provision of this Acceptable Use Policy, MyAXS may suspend or terminate your use or access to The Points Shop website without the notice to you. At all times, MyAXS shall have the discretion to take such action as MyAXS deems necessary, in its sole discretion, to preclude a violation, and MyAXS shall not be liable for any damages of any nature suffered by you or a third party resulting from MyAXS' exercise of its rights under this Acceptable Use Policy. Your suspension or termination of the use of the MyAXS website will not impact the use of your Petro-Points Membership generally, which is in the sole discretion of Suncor.

          Reporting Libel and Defamation

          If you become aware of any misuse of the website, including libelous or defamatory conduct by any person, you must report it to MyAXS. Please email us.

          Third Party Websites

          If you choose to post or share any ratings, reviews, comments or communication on a third party website, including any social networking and/or social booking marking website, you do so at your own risk. Such websites are independent from MyAXS and MyAXS has no control over and expressly disclaims any liability which may ensue from posting or sharing any content on such third party websites.

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        9. Free Shipping

        All products on The Points Shop website are eligible for free shipping, with the exception of Special Delivery items.  Shipping is charged on Special Delivery items regardless of the total order value.  Products that require Special Delivery are clearly marked on The Points Shop website.

        To qualify for the free shipping offer, the value of your order must be greater than $150 before shipping, taxes and environmental handling fees.

        Free shipping will not be offered if any eligible items are cancelled, bringing the total value of your order below $150.

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        10. Feedback

        If you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, email us directly.

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