Higher Ed Points Program – Terms of Service
PLEASE READ CAREFULLY BEFORE USING THIS SITE.
Last updated 10 September 2015
Welcome to the website (the “Site”) for the Higher Ed Points Program (the “Program”) operated by Higher Ed Points Inc. (“HEP”, “we”, “us” or “our”). Used on this Site, HEP includes Higher Ed Points Inc., its related and affiliated entities, suppliers, licensors, and their respective directors, officers, representatives, employees, consultants and agents.
- The Program. The Program offers individuals who become eligible members (“Member(s)”) of the Program the opportunity to exchange points already earned with third party loyalty programs which participate in the Program, into amounts eligible for transfer to a designated account at the institutions enrolled with the Program (“Participating Institution(s)”) (the “Program Services”). A Member may initiate an order to exchange the Member’s accumulated points in a third party loyalty program at any time, and receive a private confirmation notification or code by email, mail or other method (“Confirmation”) which enables the Member to request that the Program provide a designated amount to the specified account at a specified Participating Institution (the “Transaction”). Each Confirmation expires on the second anniversary of its issuance, and any value correlating to such Confirmation will be allocated into a scholarship fund which HEP may in its sole discretion grant in whole or in part to any educational institution of its choosing. Notwithstanding anything else to the contrary in these Terms, we may at any time stop (temporarily or permanently) updating or making the Site available to Members generally. In addition, we specifically reserve the right to amend, alter, withdraw or terminate the Program in whole or in part, any benefit, reward, offer, privilege or these Terms, with or without notice.
- Acceptance and Use of the Site. By accessing and using the Site, or by joining the Program, becoming a Member and/or using the Program Services, you accept and agree to be bound by and comply with these Terms and any additional or alternative terms, conditions, rules and policies in connection with any particular Program Service, and you acknowledge that we assume no contractual or legal responsibility to you. Please note that the Terms may be updated from time to time without notice to you. Because the Terms contain legal obligations, please read them carefully. If you do not accept and agree to be bound by these Terms, please do not access or use the Site. As a condition of your use of the Site, you warrant that: (a) you will only use the Site in accordance with the Terms and all applicable laws; and (b) all information supplied by you on the Site is true, accurate, current and complete. We retain the right, at our sole discretion, to limit or deny access to anyone to the Site, at any time and for any reason, including, but not limited to, for violation of the Terms. You agree to cease and desist from any such access or use immediately upon request by us.
- Conditions of continued Membership. As a condition of continued membership, you acknowledge that:
- membership in the Program is limited to natural person and no corporation, trust, partnership or other entity may hold membership in the Program;
- the provision of a confirmation code to the Program has no monetary value whatsoever and cannot under any circumstances form the basis of a monetary claim against HEP or the Program;
- a Transaction, the Services or any other benefits are personal and cannot be assigned, traded, willed or otherwise transferred (other than with the consent of HEP and in accordance with the Terms of the Program), and any assignment or transfer in violation of these rules will be void and may, at the discretion of HEP, result in the loss of membership or the cancellation of the affected benefit or Transaction, as the case may be. Membership terminates upon the death or personal bankruptcy of the Member;
- membership is a privilege which can be revoked by us at our discretion at any time and without compensation including without limitation, abuse by the Member of any of the Terms of the Program or any other actions deemed by us, acting in our sole discretion, to be deleterious to us, the Program or the interests of our partners and participants;
- HEP and all companies affiliated with the Program are not responsible for lost or delayed correspondence, whether by mail, email or otherwise, and assume no liability to Members for any cost or lost due thereto;
- HEP assumes no liability to Members whatsoever, including without limitation, liability by reason of the termination of or amendment to the Program in whole or in part, or the addition or deletion of Participating Institutions or third party loyalty programs, with or without notice. You agree that we are not responsible for, and you release us from any and all liability arising as a result of, any loss, cost, claim, accident, injury or damage caused by any Program Service supplied or requested.
- Amendment of the Terms. We reserve the right to make changes to the Site and to modify, alter or otherwise update these Terms at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued participation in the Program and continued use of the Site shall constitute your acceptance of any revisions to the Terms.
- Registration and Passwords. The Program requires registration as a Member in order to access the Program Services. You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for maintaining the confidentiality of any passwords which you select or are assigned in the registration process on the Site, all activities that occur under such password, and notifying us of any unauthorized use of your password. We shall not be responsible or liable in any way for any loss or damage arising from your failure to comply with this section.
- Security. Information sent or received over the Internet is generally insecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Site or any representation or warranty regarding the interception by third parties of personal or other information.
- Rules and Conduct. You agree that you will not to use the Site or Program Services to post, transmit, link to, or otherwise distribute (i) any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or (ii) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or (iii) any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component. In addition, you agree that you will not use the content of the Site on other sites or link to the Site without the written permission of HEP, and that you will not use the Site or Program Services to defame, abuse, stalk, harass or threaten any other person or violate the legal rights of any other person, including rights relating to privacy and publicity; to impersonate or falsely represent your association with any person; nor to use, reproduce, sell, resell or otherwise exploit the Site or any of the Program Services for any commercial purposes.
- Content Ownership. All content, products and services included on this Site, including text, graphics, logos, button icons, images, audio and video clips, and software (collectively the “Content”) is the property of HEP, or other parties that have licensed their materials to HEP, and is protected by Canadian and international copyright and intellectual property laws. Unless otherwise stated, no Content or material from this Site or any website owned, operated, licensed or controlled by us may be copied, reproduced from, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print a single copy of the content for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices.
- Third Party Dealings and Content. The links on the Site will enable you to leave the Site and connect directly to linked sites and to third party web pages and content available over the Internet. Such linked sites are entirely independent of the Site. HEP shall not be responsible for the contents of any site linked to the Site or for any link contained in a linked site. When linking to a third party site, you are leaving the privacy coverage of the Site and are then subject to the privacy coverage of the third-party site. HEP cannot and does not guarantee that the third-party web site privacy statement is the same or contains the same provisions as the privacy statement of the Program or this Site. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. In addition, your correspondence or business dealings with any third parties, including any suppliers, merchants or advertisers, found on or through the Site or any of the Program Services, are solely between you and such third parties, and any terms, conditions, representations or warranties associated with your dealings with such third parties are strictly between you and the third party. You accept responsibility for ensuring compliance with all applicable laws in connection with any such dealings. You agree that HEP shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions. You acknowledge that certain Content on the Site may be supplied by third parties resident and operating outside Ontario and/or may be hosted on computers located outside Ontario.
- Service Modifications. You acknowledge and agree that HEP may at any time modify or discontinue the Site or any of the Program Services with or without notice to you, and that HEP will not be held responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
- Termination. Your Membership in the Program, your use of the Site and our agreement are effective until they are terminated by you or us. You may terminate your Membership, and this agreement at any time by sending an email to email@example.com to disable your membership. You acknowledge and agree that we may, in our sole discretion and without notice to you, suspend or terminate your use of, or access to, the Site or any of the Program Services. You further agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site, any of the Program Services or with any terms, conditions, rules, policies, guidelines, or practices of HEP in operating the Site, your sole and exclusive remedy is to discontinue using the Site and the Program Services. All of the provisions of these Terms that by their nature are intended to survive, including but not limited to disclaimers, limitations on liability and indemnifications but not warranties, shall survive termination of these Terms and you agree to remain bound by those provisions.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, CONTENT AND ANY WEB SITE TO WHICH THE SITE IS LINKED, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.HEP SPECIFICALLY MAKES NO WARRANTIES THAT THE SITE OR ANY OF THE CONTENT, INFORMATION, TRANSACTION(S) PRODUCTS OR PROGRAM SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, OR THAT SUCH TRANSACTIONS OR PROGRAM SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE CORRECT, ACCURATE AND RELIABLE. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AND CONTENT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.The Site is controlled at offices in Toronto, Ontario, Canada. Certain Content may be hosted on computers in other jurisdictions. HEP makes no representation that Content on the Site is appropriate or available for use in other locations. If you choose to access this Site and Content from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HEP BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE OR CONTENT OR MATERIALS ACCESSIBLE FROM OR OBTAINED THROUGH THE SITE, OR (B) ANY OTHER MATTER RELATING TO THE SITE OR ANY OF THE PROGRAM SERVICES, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HEP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE OR FIVE HUNDRED DOLLARS, WHICHEVER IS LESS.
- Indemnity. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold HEP, its affiliates, Program participants, suppliers, advertisers and other partners, and their respective directors, officers, employees and agents, harmless from any and all liabilities, claims, damages, costs and expenses, including legal fees and costs, arising out of or related to or in connection with: (i) the violation or breach of any provision of these Terms, the Program and/or the Program Services by you or any user of your account; or (ii) the use of the Site or any of the Content by you or any user of your account.
- Intellectual Property and Trademarks. Except as expressly provided, nothing herein or within the Site or any of the Program Services shall be construed as conferring any license under any of the intellectual property rights of HEP or any third party, whether by implication, waiver, estoppel, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Site is protected by copyright, trademark, patent, or other proprietary rights of HEP, its affiliates, licensors, and/ or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Site. The “Higher Ed Points” word mark and logo, and related Program trademarks, slogans and logos, are registered and unregistered trademarks of Eduwiki Inc., and used under license by HEP. All other product, brand, company names, trademarks, logos or other intellectual property used or displayed on the Site are the intellectual property of their respective owners. Your use of any of the intellectual property appearing on the Site is expressly prohibited without the prior written consent of HEP or owner of the intellectual property, as applicable.
- Jurisdiction. The Site originates in Canada. You agree and acknowledge that your use of this Site, Membership in the Program, use of the Program Services and/or the Content shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms, and any disputes in connection with your use of this Site Membership in the Program, use of the Program Services and/or the Content, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein, without regard to the conflict of laws principles thereof. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto, and you agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
- General. If any provision of these Terms shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions. Failure of HEP to insist upon or enforce strict performance of any right or provision of the Terms shall not constitute or be construed as a waiver of any right or provision.
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