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Terms and Conditions
TERMS AND CONDITIONS OF THE RCGA GOLF CARDTM PROGRAM
Valid as of March 1, 2008. Program details and information are also available at www.rcga.org or by calling 1-800-263-0009. The RCGA GOLF CARDTM PROGRAM ("Program") is operated by the Royal Canadian Golf Association. ("RCGA", "us", "our", or "we"). When you enroll in the Program as a collector of Eagles and Birdies (“Reward Points”), we license you to collect Reward Points by dealing with participating Golf Courses (“Course”) and Corporate Partners (“Partners”) and to redeem the Reward Points in your online account for greens fees and other rewards provided by participating courses and partners. As an RCGA Golf Card Member (“Member”, “you”, “them”, “your”), each time you renew your card, you will also receive one (1) half price green fee voucher for each participating golf course. Finally, as a limited one time offer, upon purchasing an RCGA golf card, you will receive one free Eagle in addition to your first Eagle earned; this bonus is not offered on subsequent renewals.
PARTICIPATION IN THE PROGRAM
Enrollment, membership and all related benefits of the Program are offered at our discretion. By enrolling in the Program or collecting Reward Points, you agree that you have read and understand these Terms and Conditions and are bound by all of them, as changed from time to time, and you consent to our collection and use of your personal information in accordance with our Privacy Commitment (see below). To become a Member you must be at least 19 years of age, purchase or be gifted an RCGA Golf Card (“Card”); and then activate that Card online at our website (www.rcga.org). The cost to purchase a Card is $24.95 and is renewable and payable annually via accepted credit card. Activating a Card requires providing an active email address (and other particulars) in order to receive rewards and for other Program communication purposes. Upon activating your Card, a computerized account (“Account”) will be opened in your name, were we will maintain a record of all Reward Points credited and debited to your Account as well as all reward vouchers (“Vouchers”) issued in connection with that Account. You may request additional Cards for other members of your immediate family for which a $5.00 charge shall apply for each additional Card requested. To do so; print your name, Member number and the number of additional Cards you want on a plain piece of paper and mail it to us at our address below. All Reward Points earned with these additional Cards with your Member number will be recorded in your Account. Notify us immediately in writing at the address below if your Card is lost or stolen. Members are required to pay $5.00 for each replacement Card. Only you may redeem or convert Reward Points recorded in your Account and Reward Points in different Accounts cannot be combined for the purpose of collecting rewards. The Program, including all rewards, Cards, every certificate or other document which can be exchanged for a reward and all rights relating to them, are and will remain our property and can be cancelled or revoked by the RCGA at any time. The RCGA reserves the right to cancel all Reward Points earned in relation to a Member and to refuse to allow that Member to earn Reward Points or redeem them for rewards. You may not sell, exchange, give, charge or otherwise dispose of any Reward Point. You are responsible for all taxes payable due to your participation in the Program, collecting and redeeming Reward Points and obtaining rewards.
COLLECTION OF REWARD POINTS
You must identify yourself as a Member and present your Member Card when dealing with Courses and Partners. While similar programs may be offered by other organizations, our Program entitles you to collect Reward Points only from Courses and Partners affiliated with this Program. We will credit your Account with only Reward Points you earn by dealing with authorized Courses and Partners in good standing with us, and only after the Courses or Partners have confirmed that you have in fact earned the Reward Points in question. We are not responsible if a Course or Partners delays or fails to make such a request or for any other delay in recording Reward Points in your Account. Golf courses and corporate partners that are affiliated with the RCGA are under no obligation to participate in the program, and should they choose not to opt into the Program they are under no obligation to honour any aspect of this contract. We may refuse to record or honour rewards in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded rewards if the issuing Course or Partner does not pay amounts owing to us or tells us to cancel the rewards (for example, because you returned or didn’t pay for products or services for which the rewards were issued). Courses and Partners will determine the conditions under which they will permit you to obtain rewards and may change those conditions at any time and without notice. Neither we nor any Course or Partner is responsible for any offer of rewards which is no longer in effect. Any dispute must be settled between you and the Course or Partner. If you believe that any Account Summary showing the number of rewards in your Account is in error, you must tell the RCGA by email or in writing within 30 days of the summary date or it will be deemed correct, except for excess Reward Points improperly noted on it. We may require you to submit documentation to support your claim.
Members can also redeem their AIR MILES reward miles for free rounds of golf at participating Courses. It is within the discretion of each Course and the AIR MILES Program to determine how many AIR MILES will be required to earn a free round of golf, having regard to whether the Member wishes to purchase i) a full 18 hole round of golf, ii) a 9 hole round of golf and iii) any sales, deals, specials or bargains that are being offered by the Course or AIR MILES at the time that the green fee is purchased. AIR MILES Terms and Conditions apply.
COMMITTED TO YOUR PRIVACY
We are committed to protecting your privacy. We collect and use your personal information to: (i) administer the Program, including the management of Member Accounts, to accurately record and update reward balances; (ii) process Member redemptions, including the issuance of rewards; (iii) invoice Member and Member Accounts, as appropriate; (iv) communicate information and offers to Members, Courses, Partners and suppliers; (v) understand and analyze Member responses, needs and preferences; (vi) develop, enhance, market and/or provide products and services to meet those needs; and (vii) enable Members to participate in promotions and contests. A Member’s personal information is considered an asset; if our business is transferred to a new owner, Collector personal information will be given to and considered an asset of the new owner. We do not sell, rent or otherwise provide Member lists to any organization or individual other than our affiliated companies, participating Courses, Partners or sponsors, and suppliers in the Program.
EARNING & REDEMING REWARDS
A personal identification number (“Password”) and a Member number are required in order to access your Account information and to redeem rewards at www.rcga.org. Anyone who knows your Member number and Password will have full access to your Account and may change the personal information associated with your Account and redeem accumulated rewards. You are responsible for maintaining the secrecy of your Password, for all activities that occur using your Password and for notifying us of any unauthorized use of your Password. We are not responsible or liable in any way for any loss arising from your failure to comply with these provisions. Account balances and reward amounts required to obtain a particular reward are subject to verification by the RCGA. You are responsible for and must pay all administration charges, taxes and service fees (including sales, GST, or other taxes). Once rewards have been issued no changes or refunds whatsoever are permitted, even if the reward is lost, stolen or destroyed. All rewards are subject to availability and restrictions imposed by suppliers. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any reward, or for your rewards not turning out as you expected for whatever reason.
Eagles are earned for each green fee purchased at a participating Course. It is within the discretion of each Course or Partner to determine how many eagles will be awarded to a Member having regard to whether the Member purchased i) a full 18 hole round of golf, ii) a 9 hole round of golf and iii) any sales, deals, specials or bargains that are being offered by the Course at the time that the green fee is purchased. You will also earn one bonus Eagle in addition to your first Eagle the first time you become a member of the program. This additional Eagle Reward Point is a one time bonus than does not carry over to subsequent renewals.
Eagles add up towards earning free rounds of golf (or free greens fees) at the same Course where they are earned. Every 5 Eagles earned at a Course, earns one (1) free golf round at the Course where the eagles were earned. Whenever you reach the required number of Eagles for a free round at any participating Course, a Voucher for that free round at that Course will automatically be issued and notice emailed to you. Certain restrictions may apply that vary by Course as to days and times those free round Vouchers can be used.
Birdies are earned for additional pro shop spending (i.e. over and above greens fees) at all participating Courses and Partners. It is within the discretion of each Course and Partner to determine how and when Birdies will be awarded to a Member having regard to i) the amount of money the Member spent at the pro shop and ii) any sales, deals, specials or bargains that are being offered by the Course or Partner at the time that the Birdies are redeemed. Taxes are not to be included when calculating the amount of Birdies owned.
Birdies add up towards earning free pro shop Vouchers at the same Course where they are earned. Courses and Partners can also opt to award Birdies for food and beverage spending. Each Birdie carries a $0.125 value towards Vouchers and the minimum free Voucher value issued is for $25. Birdies are redeemed for free gift Vouchers only when you choose and have sufficient Birdies in your Account for the gift Voucher value being requested. Voucher requests are processed online at www.rcga.org, placed in your Account, and an email message sent to you notifying you of their availability. Birdies earned from Courses can also be converted into Eagles for the Course where they were earned. Birdies earned from Partners add up in your Account until you decide to convert them to either Birdies or Eagles for the Course of your choice. The number of Birdies required to convert to 1 Eagle will vary from Course to Course according to the greens fees rate for Courses. Vouchers are issued by the RCGA in the name of the registered Member and are valid for one (1) year upon issuance. Vouchers are fully transferable once issued.
ADDITIONAL DETAILS
Rewards may not be available even though a Voucher has been issued. We assume no responsibility if you are denied the right to redeem a Voucher. No refunds, changes or transfers will be permitted after a voucher has been used.
LIMITATION OF LIABILITY
Neither we, our affiliates nor any of our or their respective officers or directors have any responsibility or liability for any expense, loss, cost, injury, damage, delay, accident or any other matter or thing whatsoever (collectively, "Costs"), however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to (i) the Program or your participation in the Program; (ii) any failure, delay or decision by us in administering the Program or amending these Terms and Conditions or the basis on which you can redeem rewards; (iii) unauthorized use of your Member Card or Password; (iv) any offer, representation, statement or claim about the Program, any Course, Partner or supplier or their products or services, made by a Course, Partner or supplier or any other person; or (v) the purchase, redemption for or use of any goods or services of Courses, Partners or suppliers, including any rewards, whether made available by us, any of our affiliates, Courses, Partners, suppliers or otherwise. This applies even if we or our representatives are advised of the possibility of such Costs. Courses, Partners and suppliers are not responsible for the Program. Any liability we may have to you or anyone else who obtains the benefit of any Voucher or reward you redeem, under any circumstances, for any negligence, breach of contract or otherwise, is limited to crediting your Account with the number of Reward Points you redeemed in connection with those circumstances, or, if no rewards were redeemed, to a maximum of $0.125 for each Birdie recorded in your Account when the liability arose and one fifth of the regular price of a greens fee at the corresponding Course for each Eagle recorded in your account. Use of our website is subject to the terms of use displayed thereon from time to time.
TERMINATION, CHANGES AND BREACH
We may change these Terms and Conditions, any aspect of the Program including, redemption procedures or any rewards in any respect, all without notice and even though changes may affect the value of rewards already accumulated. For Program details and information, visit www.rcga.org. For example, but without limitation, we may add, delete or change Members, suppliers, time limits for collection, redemption or use of rewards or Vouchers; redemption conditions or procedures; or the number of Reward Points required for particular Vouchers/rewards. RCGA reserves the right to terminate the Program at any time. Notice of such termination will be sent to Members at their email addresses as set out in RCGA’s records. Members will have 60 days beyond the date of such notice to redeem accumulated Reward Points for rewards. Final reward requests must be received by RCGA within this 60-day period in order to be valid. All Reward Points remaining unredeemed at the end of this 60-day period will be cancelled and become void without compensation to Member. If the Member does not have enough Eagles or Birdies in his Account during this 60-day period to qualify for either a free round of golf or a Voucher, no rewards will be issued and the points in the Account will simply be terminated. Should you fail to renew your membership and pay the annual Program membership fee in place at the time within 30 days of notice when due, your membership will be deemed inactive and remain so until whatever outstanding membership fees are fully paid up. You may continue to earn Reward Points while your membership remains inactive; however, you will not be able to redeem Reward Points or receive rewards. If you fail to pay the annual Program membership fee when due for 2 consecutive years, your membership in the Program will be terminated and all Reward Points in your Account will be cancelled and become void without compensation to Member. If you become bankrupt, commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Program privileges or act in any other way to the detriment of us, our Courses, Partners or suppliers or the Program, we may, without affecting our other rights, disclose such information requested by proper authorities, terminate your enrollment and/or cancel your Reward Points and rewards. If a Reward Point or reward expires or is cancelled for any reason, it becomes void without compensation.
Should an individual Course opt out of the Program, all disputes arising from said event must be settled between you and the Course. The RCGA is not responsible in any way for Reward Points that cannot be redeemed at the Course in question. Should the RCGA choose to become involved in the dispute, the RCGA may, at its discretion, 1) terminate all the Reward Points related to that Course, 2) transfer the Reward Points to a Course of equivalent value or 3) provide notice of termination of all Reward Points in relation to that Course; Members will have 60 days beyond the date of such notice to redeem accumulated Reward Points for rewards; all Reward Points remaining unredeemed at the end of this 60 day period will be cancelled; Members that do not have enough points to receive rewards will simply have those points eliminated.
GENERAL
These Terms and Conditions may be different from what you know about the Program. These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Program, your entitlement to collect and redeem Reward Points and your entitlement to any other benefits of the Program, and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program or any reward. Unless we otherwise elect, any dispute regarding these Terms and Conditions, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. The arbitration shall take place in Toronto, Ontario, in English, and in accordance with Ontario laws. In all other respects the arbitration shall be governed by and subject to the Ontario Arbitration Act. The arbitration shall be conducted in strict confidence with no disclosure to any person of the fact of the dispute or any aspect of the dispute except as necessary for resolution of the dispute. We will not be taken to have waived any of our rights even if we redeem Reward Points or honour Vouchers when not required. Reward Points and Vouchers have no cash, monetary or other value and cannot be converted into any currency. All materials and any notices from us will be sent to your address as in our records; please notify us if your address or email changes. The Program, all rules and Terms and Conditions are governed by the laws of Ontario. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions.
TO CONTACT US
Write to us at:
RCGA Golf Card
Royal Canadian Golf Association
Golf House
Suite 1 - 1333 Dorval Drive
Oakville, ON
L6M 4X7
Email us at:
info@rcgagolfcard.org
Or call us toll free at:
1-800-263-0009
™ RCGA GOLF CARD, RCGA, ROYAL CANADIAN GOLF ASSOCIATION and their Design marks are all trademarks of the Royal Canadian Golf Association
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