TERMS AND CONDITIONS: RAPS ANIMAL HOSPITAL GIFT CARD PROGRAM
Last Revised: March 20, 2020

The RAPS Animal Hospital Program (“RAPS Program” or “reward(s)”) is a rewards program that is operated by the Regional Animal Protection Society (“RAPS” “us” or “we”). The rewards program operates only through participating Regional Animal Protection Society locations specific and restricted to the in-house medical services provided exclusively at the RAPS Animal Hospital (www.rapsanimalhospital.com). In using the RAPS Animal Hospital Program, you (referenced herein as “you” the “cardholder” or the “member”) are agreeing to these terms and conditions set out herein (the “terms”).​

We reserve the right in our sole discretion to modify these terms, or any part thereof, at any time, on seven (7) days prior notice by posting the same online at the following address https://www.rapsanimalhospital.com/gift-card-program-terms.html. 

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BASIC TERMS:

1.  How to Purchase a Gift Card

You can purchase a RAPS Animal Hospital gift card (a “gift card” or “reward card”) online at https://rapsanimalhospital.ackroo.net/en/. Cards may be purchased for the sum of ONE HUNDRED DOLLARS ($100.00) (the “purchase price”). 

​Gift cards are only refundable under the circumstances set out in section 3 and 4 of the Terms and Conditions below and in no other circumstances.

​There are no returns or exchanges on services or materials purchased using a reward card, bonus card, or additional cardholder benefits (as the latter two terms are defined below) and all sales using a reward card, bonus card, or additional cardholder benefits are final.
Cards cannot be purchased on location at the RAPS Animal Hospital. In the future, you may be able to purchase RAPS Animal Hospital gift cards at participating cardholder locations that are selling the cards  and these terms and conditions will apply to physical gift cards in addition to the virtual online gift cards. 

2.  Registering a Gift Card

In order to use the a gift card or take advantage of the benefits associated with the card, including the additional cardholder benefits, you must register the card online following the process set out at: www.rapsanimalhospital.com/vip-members.html. Individuals who are not residents of Canada or below the age of 19 may not register for a card or take advantage of the additional cardholder benefits set out below.

3.  Bonus Card

Upon registering for a gift card you will, at no additional charge, receive a second card that provides a benefit of TWENTY DOLLARS ($20.00) (the “bonus card”) for a total value of ONE HUNDRED AND TWENTY DOLLARS ($120.00)) that can be redeemed exclusively, pursuant to the terms below, at the RAPS Animal Hospital. 

If not used, the bonus card will expire on the date that is two (2) years after the date the card is activated.  The bonus card is not refundable under any circumstances.Individuals may not redeem a $20 bonus card until the corresponding $100 gift card as a result of which the bonus card was provided to them has been fully redeemed in accordance with these terms.  If any amount on the corresponding $100 gift card is refunded pursuant to section 3 of the terms below, the bonus card will automatically expire and may not be used.

You may view the remaining balance and additional cardholder benefits applicable to a gift card online by visiting https://rapsanimalhospital.ackroo.net/en/balances.

4.  Additional Cardholder Benefits
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Members who have registered their gift card online may qualify for bonuses, discounts and rewards (“additional cardholder benefits”) as further set out at www.rapsanimalhospital.com/vip-members.html (the “bonus page”). Additional cardholder benefits are only valid for the period set out at the bonus page, and may be changed or terminated by us at any time by updating the bonus page. In order to take advantage of such additional cardholder benefits members must own a gift card in good standing that has not expired or otherwise been cancelled by us.
 
RAPS reserves the right at its sole discretion to determine what bonuses, discounts and rewards form part of the additional cardholder benefits and these bonuses, discounts and rewards may be changed by us at any time without notice to you by updating the bonus page, accessible at www.rapsanimalhospital.com/vip-members.html.

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Cardholder Terms and Conditions

1.  There are no returns or exchanges on services or materials purchased using a reward card or additional cardholder benefits and all sales using a reward card are final.

2.  Customers wishing to redeem a gift card or bonus card (a “card”) or take advantage of the additional cardholder benefits are required to present their card upon check-in and before the final transaction payment is taken at the point of sale.

​3.  RAPS, at its sole discretion, and in RAPS' best judgement, may refuse to accept you as a client of or refuse to offer you services at the RAPS Animal Hospital or revoke your cards or any cardholder privileges without any liability to RAPS. The reasons we may do so include, but are not limited to:

a. your violation of these terms or any additional rules or terms applicable to our services or the cards, including those set out on our website;
b. refusing to sign any necessary forms or grant permissions required by us to provide treatment to your pet;
c. fraud or misrepresentation in your dealings with us; or
d. inappropriate behavior (as determined by us) towards our staff or other clients.

4.   REFUNDS: In pertaining to Section 3, RAPS at its sole discretion may or may not refund your gift card. If RAPS does decide to refund your gift card, any unused portion of the purchase price of any gift card will ONLY be refunded to the credit card or other payment method used to originally purchase the gift card. Any corresponding $20 bonus card provided (the benefit amount) as a result of purchase of the original $100 gift card purchase will not be refunded. Gift cards will only be refunded within one years from the time of the original purchase  and only under the following condition:

a.  gift cards will only be refunded to the original credit/debit card used for the purchase of the card;
b.  in the event RAPS agrees to issue a refund at its sole discretion, the refund will only be for the original purchase price or the remaining available credit on the gift card 
c.  the benefit amount of a gift card which is the additional promotional value provided by RAPS for each $100 gift card purchased will be exempt from the refund
d.  if you received a card as a gift and are not the original purchaser a refund will not be provided under any circumstance

5.  Cards are non-transferable, and only the party that has registered the gift card may use the same. Bonus cards may only be used by the party registering the corresponding gift card as a result of which the bonus card was issued. We reserve the right to ask for identification to confirm the identity of the user of the gift card at the time the gift card is used.

6.  As the cardholder, you agree to have all your animal's medical files assigned to the RAPS Animal Hospital and confirm you are a legal agent of the pet(s) in your care. You certify that you are over 19 years of age and that you have the authorization to treat the pet in your care. 

​7.  Notwithstanding any term in the contrary in these terms, a card or any additional cardholder benefits may not be used to purchase or receive discounts on the following:

a.  Any external charges incurred by RAPS Animal Hospital from outside suppliers (examples such as tests that are unavailable at the RAPS Animal Hospital or external specialists);
b.  Any products or materials (such as pharmaceuticals, pet foods, medications, and other products prescribed or advised for your pet);
c.  Grooming services;
d.  Interest free payment plans made available by us except as initial down payment for the interest free payment plans provided at RAPS Animal Hospital.
e.  Elective services requiring payment by RAPS to third parties (example: external blood analysis, external x-ray reviews, external ultrasound specialists or other external medical consulting specialists);

and we, acting reasonably, may from time to time amend list of services or products that may not be redeemed using your reward card by updating these terms or posting notice of such changes on the bonus page, accessible at www.rapsanimalhospital.com/vip-members.html.

8.  You agree to inform RAPS immediately of any unauthorized use of your cardholder benefits that comes to your attention. We may suspend or terminate your cardholder benefits account if it appears to us that you are, or your account, has been used, in breach of these terms or by a party not authorized to use the card (including by providing false registration details or other misuses of the cardholder benefits program). 

9.  All cardholder members must provide personal information as requested in the enrollment form and as otherwise requested by us. You agree that RAPS may communicate with you via all contact information submitted by you on registration regarding treatment of your pet. Any information you submit to us is subject to our privacy policy, available here: https://www.rapsanimalhospital.com/privacy-policy.html.

10. Cardholders must keep their registration details current and advise RAPS of any change in their registration details, including their contact information or email address or telephone number to keep their benefits effective. We shall not be held liable for misdirected communication such as mail, telephone or email communications, or any consequences resulting from a cardholder not keeping their registration details current in accordance with this section.

11. Cardholder benefits are strictly for use at the RAPS Animal Hospital and cannot be used for any reason at the City Animal Shelter, the RAPS Cat Sanctuary, RAPS Thrift Stores, MyVetStore or for any transaction outside the RAPS Animal Hospital. 

12. Before using a card to purchase our products or services you must agree to sign all necessary admission and consent forms required by us as part of our client intake process.

13. You agree to follow all the rules and regulations for proper conduct at the RAPS Animal Hospital. This includes proper animal conduct where dogs must be leashed, loud or aggressive dogs must be muzzled, and cats must be caged. You are solely responsible for the behaviours and actions of your animals while under your supervision in the reception area, the waiting rooms and common areas. You also agree that you will not attempt to interfere or hamper, in any way, with the proper operations of the RAPS Animal Hospital and  be respectful at all times to RAPS Animal Hospital staff and volunteers.

14. With your permission and approval, you recognize and agree that RAPS sometimes takes video or pictures of Hospital guests and procedures on animals for educational purposes and to demonstrate the capabilities of the RAPS Animal Hospital and to garner good will from the public. The RAPS Hospital premises are under twenty-four video, audio and recording surveillance. By signing the admission agreement, Clients authorize any images or video footage taken of themselves and their animal(s), in whole or in part, individually or in conjunction with other images and video fo otage, to be displayed by RAPS on all of RAPS’ official channels, in the hospital and to be used for media purposes including promotional presentations and marketing campaigns, including social media sites, media sites, print and electronic mediums without any further authorization from the Client beyond the signed admission agreement. RAPS will use the information without identifying Clients or animals unless provided consent by the Client to do so. The Client agrees that all captured video and recordings can and will be used, at RAPS’ sole discretion, in any conflict resolution or legal proceedings related to their hospital visit. The Client waives rights to privacy and compensation, which they may have in connection with such use of their likeness, including rights to written copy that may or will be created in connection with video production, editing and promotion therewith. The Client agrees that RAPS may use these images or video files to promote hospital procedures, practices and to inform the public about RAPS and the RAPS Animal Hospital. Please contact admin@rapsbc.com if you have any questions.

15. Unless otherwise permitted by us, only individuals may become cardholders of the program (corporations, businesses, or partnerships cannot become a cardholder nor anyone other than an individual). 

16. Technical issues, including problems communicating with our servers or those of third-party service providers, may render your cards temporarily unusable, and you agree that we will not be liable to you for your temporary failure to use the cards as a result of such technical issues.

17. The balance of a card or the additional cardholder benefits may not under any circumstances be exchanged for cash (other than pursuant to a refund under these terms) and have no cash value.

​No cardholder may at any time have more than ten (10) active gift cards and ten (10) active bonus cards at one time, and we reserve the right to refuse to register additional gift cards or bonus cards in the name of any individual who has (10) or more active gift cards or ten (10) active bonus cards, and refuse to process any transactions by any cardholder attempting to use more than ten (10) gift or ten (10) bonus cards for the same transaction.

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General Terms and Conditions

1. Additional Cardholder Benefits. Additional cardholder benefits applicable to a transaction will be shown on the invoiced receipt issued at the time of purchase. In the event of communication loss with the server that records the accrual of RAPS Animal Hospital cardholder benefits, a customer’s account will either be awarded or deducted automatically when the system regains communication with the server and the new balance will be printed on the next customer receipt.
2. Third-Party Providers. You hereby acknowledge that we work with third-party service providers (“third-party providers”) such as Ackroo Inc (“Ackroo”) on some aspects of our RAPS program, including maintaining a database of records relating to our gift card program on servers maintained by Ackroo. In the event of a discrepancy between our internal records and Ackroo’s records relating to your cards, including the remaining balance and additional cardholder benefits applicable to the cards, the information appearing in Ackroo’s database will be taken as accurate. The information appearing online is initially generated from point of sale computer transactions as they occur our location and for this reason, the information appearing online may not accurately reflect data contained on Ackroo’s internal database. You agree to accept and abide by the terms of service and privacy policies of our third-party providers, including Ackroo and agree that we shall not be liable to you for any claims of any nature as a result of the actions or omissions of such third-party providers. You also agree and acknowledge that out staff may interact with third-party providers, including accessing your Ackroo account, on an as needed basis, and make changes to the same as necessary to administer the RAPS program. 
3. Privacy. Most of the information provided by cardholders through the online registration form will constitute personal information, as that term is defined under the Personal Information and Protection of Electronic Documents Act ("PIPEDA"). Examples include your name, gender, postal address, and email address. You agree and acknowledge that your personal information will be shared with our third-party providers, including Ackroo, to the extent necessary for us to administer the RAPS Program. While we and Ackroo are collecting such personal information for purposes of administering the RAPS program, you agree this information may also be used by us the purposes of analyzing the demographics of our market.  
4. DISCLAIMER OF WARRANTIES. EXCEPT AS SET OUT IN THESE TERMS THE CARDS, ADDITIONAL MEMBER BENEFITS AND PRODUCTS OR SERVICES OBTAINED USING THE SAME (COLLECTIVELY THE “OFFERING”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGIONAL ANIMAL HOSPITAL PROTECTION SOCIETY HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE OFFERING. WITHOUT LIMITING THE FORGOING, THE OFFERING IS PROVIDED WITHOUT STATUTORY, IMPLIED, OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT. 
5. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REGIONAL ANIMAL HOSPITAL PROTECTION SOCIETY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF REGIONAL ANIMAL HOSPITAL PROTECTION SOCIETY, OR OUR REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  
6. LIABILITY CAP.  WITHOUT LIMITING THE GENERALITY OF THE SECTION 5 TITLED “LIMITATION OF LIABILITY” ABOVE, IN NO CIRCUMSTANCE WILL REGIONAL ANIMAL HOSPITAL PROTECTION SOCIETY OR ITS REPRESENTATIVES AGGREGATE LIABILITY TO YOU EXCEED THE LESSER OF (A) ONE HUNDRED CANADIAN DOLLARS, OR (B) THE PURCHASE AMOUNT OF YOUR REWARD CARD LESS ANY AMOUNT ALREADY REDEEMED AT THE TIME THE CAUSE OF ACTION LEASING TO SUCH LIABILITY AROSE.
7. SECURITY BREACHES. We strive to keep your personal information, User Content, and Account safe from security breaches; however, we cannot guarantee the safety or security of your personal information. YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE EGIONAL ANIMAL HOSPITAL PROTECTION SOCIETY AND ITS REPRESENTATIVES FROM ALL AND ANY LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGES SUFFERED BY YOU AS A RESULT OF A SECURITY BREACH, INCLUDING UNAUTHORISED ACCESS TO YOUR DATA BY A THIRD PARTY. If you believe that a security breach is occurring, or will occur, you must notify us immediately. Without limiting the generality of the above, we assume no responsibility or liability in the event that a cardholder's personal information is accessed unlawfully/without authorization by a third party due to the cardholder not taking the necessary steps to ensure their information is secure (i.e. a lost or stolen password, public dissemination of a password, etc.). 
8. LIMITATION OF ACTIONS. IF A RAPS ANIMAL HOSPITAL PROGRAM CARDHOLDER HAS A CONCERN IN RESPECT TO A TRANSACTION IN RESPECT TO WHICH A CARD WAS USED, THE CARDHOLDER HAS 30 DAYS FROM THE DATE OF THE TRANSACTION ON THEIR RECEIPT TO CONTACT REGIONAL ANIMAL PROTECTION SOCIETY AND REPORT ON THE MATTER, AFTER 30 DAYS FROM THE DATE OF A RESPECTIVE TRANSACTION, THE TRANSACTION WILL BE DEEMED FINAL AND NO ADJUSTMENTS WILL BE MADE.
9. Indemnification. Cardholder will indemnify, defend, and hold harmless RAPS and its affiliates from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding cardholder’s use of any card (including claims of breach of privacy) or material breach of these terms. 
10. Class Action and Jury Trial Waiver. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to that dispute.
11. Intellectual Property Rights. Except as expressly set forth herein, these terms not grant either party any rights, implied or otherwise, to the other’s content or intellectual property.  
12. Trademarks. RAPS retains all right, title, and interest in and to its trademarks, service marks, and trade names worldwide. Cardholder may only use RAPS trademarks, service marks, and trade names with the express permission of RAPS.
13. Consumer Rights. Nothing in these Terms affects consumer rights that, pursuant to applicable law, cannot be limited or waived. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these terms invalid or otherwise unenforceable in any respect. 
14. Notices. Any notices to be provided to us pursuant to these terms may be provided by email at the following email address: admin@rapsbc.com. Any notices to be provided by us to you will be provided at the email address you have provided to us pursuant to the registration process (as updated by you).
15. Force Majeure. Neither Party will be liable for inadequate performance of these terms to the extent caused by a condition (i.e. natural disaster, act of war or terrorism, riot, labor condition, governmental action, or internet disturbance) that was beyond the party’s reasonable control. 
16. Severability. If any provision of this Agreement is found unenforceable, the balance of the Agreement will remain in full force. In the event that a provision of these Terms are held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
17. No Waiver. Our failure to exercise or enforce any right or provision of these terms will not operate as a waiver of such right or provision. No waiver of a breach of these terms will constitute a waiver of any other breach of these terms. 
18. Governing Law. This Agreement is governed by the laws of the Province of British Columbia. The Parties attorn to the exclusive jurisdiction of the federal and provincial courts in the Province of British Columbia over any matters arising out of this Agreement.
19. Entire Agreement. These terms, and all documents referenced herein, represent the  entire agreement relating entire agreement between you and us with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.  
20. Assignment. We may assign these terms in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These terms are personal to you and you may not assign these terms nor your rights, interests, or obligations under these terms to any person.