DEFINITIONS

Administrator means Corporate Rewards Worldwide, Inc.

Experience Reward means an activity based Reward from the online catalog as shall form part of the Program.

Program means the {Phyxter Rewards} and all its component parts as the same may be amended from time to time.

Rewards means such reward items, including Experience Rewards, digital media, gift certificates and gift cards (in physical or electronic form), prepaid cards and vouchers from the online catalog, prizes, branded items, and other such one off awards that Users may redeem Reward Points to purchase, as shall form part of the Program.

Reward Points means points awarded to Users that may be redeemed for Rewards under the terms and conditions of the Program.

User means each {Service Professional, Wholesaler or Customer} who has accepted these Terms and Conditions of Use.

Website means the website at {www.phyxter.ai}.

These Terms and Conditions of Use apply to {Phyxter}’s {Phyxter Wholesale Rewards Program and Phyxter Pay It Forward Program}

ACCEPTANCE

By accessing, transacting Reward Points, or using any aspect of the Program or Website, the User agrees to be bound by these Terms and Conditions of Use and the terms, conditions, disclaimers and limitations of liability posted in the rewards page by the Administrator on the Website.  {Phyxter} reserves the right to amend or update any of these Terms and Conditions of Use at any time without providing notice to the User. By using the Website, the User acknowledges that he or she has read and understood these Terms and Conditions of Use. 

ELIGIBILITY

This Program is open to Users who are a resident in {Canada or the USA} and are 18 years of age or older at the time of entry.  Users must obtain the prior permission of their employer to participate in this Program.  This Program cannot be combined with any other {Phyxter} programs, offers or rebates. 

The Program and its benefits are offered at the discretion of {Phyxter} and its affiliated companies, and {Phyxter} has the right to terminate the Program or to change the Program terms and conditions (including these Terms and Conditions of Use), rules, benefits, conditions of participation or rewards levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the Reward Points (if used as part of the Program) already accumulated.  It is the User’s responsibility to maintain his or her knowledge of these Terms and Conditions of Use.

[Users who participate in the Program as part of a sales incentive may not be able to obtain Points or Reward Points on all products or all sales.]

Employees of {Pyxter}, its affiliated companies, advertising agencies, gift suppliers or other representatives, or members of the respective immediate families of such employees and anyone with whom such employees are domiciled are not eligible to participate in any sales related Program.

TO PARTICIPATE

{To participate in the Phyxter Wholesale Rewards a user must download the free Phyxter Mobile App for Service Professionals and make purchases from Wholesalers within the Parts Request feature of the mobile app.

To participate in the Phyxter Pay It Forward Rewards, a user must share the free Phyxter Mobile App for Service Professional and Customers using their referral code provided within the app.}

{Phyxter} is not responsible for lost, corrupted or delayed entries. Participation constitutes full and unconditional acceptance of these Terms and Conditions of Use. Any failure by a User to follow the rules of the Program or these Terms and Conditions of Use, any abuse of the Program, any conduct detrimental to the interests of either {Phyxter} or the Administrator, or any misrepresentation of any information furnished to {Phyxter} or the Administrator may result in the termination of his or her participation in the Program, the termination of the User’s account and the cancellation of accrued Reward Points and/or benefits.

TIMING

This Program runs from {November 1st, 2018} until {November 1st, 2020} (inclusive).

USE OF DATA

The Administrator may collect personal data which each User provides when he or she registers for the Program.  The purpose(s) for which such personal is collected and the way in which it is used is set out in the Privacy Policy found on the Website.  By checking the ‘accept terms and conditions’ box on the Website, you agree to such use and acknowledge that you have read and accept the Privacy Policy.

EARNING REWARD POINTS

Reward Points will be awarded to each User based on {their participation in either the Phyxter Wholesale Rewards or Phyxter Pay It Forward Program.

To earn Phyxter Wholesale Rewards, a Service Professional must make purchases from a Wholesaler, through the mobile app, and a points equivalent portion of the transaction will be rewarded back to the Service Professional.

To earn Phyxter Pay It Forward Rewards, a user must share the mobile app using their referral code.  When a transaction is processed between the Phyxter Customer App and Phyxter Service Provider App, a points equivalent portion of that transaction will be rewarded to the user who directly, shared the mobile app with the Service Professional executing the transaction for services rendered.  Similarly, if the mobile app is again shared (up to two levels) in the users direct sharing network hierarchy, the user would also be rewarded a points equivalent portion of a transaction for the services rendered by a Service Professional in that same network.}

Users may opt to either:

(i)              save Reward Points awarded for redemption at a later date; or

(ii)             redeem some or all of the Reward Points awarded for Rewards through the  Website

Reward Points must be redeemed via the Website.  Rewards, once chosen, can only be changed if the User contacts the Administrator’s customer service team at {rewards@phyxter.ai} within 24 hours of the redemption.   

Reward Points will expire after 12 months of allocation to the User’s account unless redemptions are made within that 12 month period.

Fraudulent use of accounts and Reward Points on a User’s account will result in the account being immediately suspended.  Fraudulent activity may result in the termination of the User’s account and the cancellation of accrued Reward Points, Rewards and/or benefits.

ORDERING REWARDS

Reward Points may only be redeemed via the Website.  Rewards, once chosen, can only be changed if the User contacts the Administrator’s customer service team at {rewards@phyxter.ai} within 24 hours of the redemption.  

Reward Points cannot be redeemed for cash, check, bank deposit or any other kind of payment by {Phyxter} to the User.

Users may not pool, transfer or combine Reward Points with any other User or person in order to redeem Rewards.

Users may not combine cash, checks, bank deposits or any other kind of payment with Reward Points to redeem Rewards. Rewards can only be redeemed by using Reward Points.

Delivery is only available to the User’s country of residence.

Experience Rewards will be fulfilled by the User’s direct arrangement with the Experience Reward supplier, in accordance with each individual supplier’s terms and conditions, availability, lead-time and capability.

Reward substitution

In the case of a Reward not being available (whether through obsolescence, discontinuance or lack of available stock or otherwise), either the Administrator or its supplier will contact the User within 7 days of placing the order and offer a replacement Reward of similar value.  If the User does not wish to accept the replacement Reward, the original value of the Reward deducted from the User’s account will be re-credited. 

The Administrator and its suppliers each reserve the right to remove or include any Reward from the range available to Users at its discretion and Users may not rely upon the continued availability of a Reward category or individual Reward.

The Administrator will endeavor to honor any Rewards that have already been ordered by a User prior to any price alterations.

Delivery and Returns

The delivery of Rewards will be made to Users by the supplier(s) engaged by the Administrator.  Shipping and delivery lead times vary but are not expected to exceed 25 business days.  Wherever possible, the supplier(s) engaged by the Administrator will notify Users via email or by phone of a Reward’s shipment arrangement and status.

The delivery of all Rewards will be made to the address as supplied by the User or {Phyxter} at the time of order.  The delivery address for Rewards should be to an address where the Reward can be signed for if necessary.  If a delivery is unsuccessful for any reason, the User will be responsible for supplying alternative delivery information to the supplier.  Any costs of arranging re-shipment and handling of undelivered items will be passed on to the User or {Phyxter}.  Lead times for any re-delivery will be at the discretion of the supplier.

Users must refuse delivery of damaged or broken Rewards if apparent before opening the package and the supplier must be advised by the User within 24 hours of the delivery date so that the supplier can investigate and, if authorized by the supplier, arrange for replacement Reward(s) to be shipped.  If the package is opened and the Reward is then found to be damaged or broken then the supplier must be advised by the User within 24 hours of the delivery date so that the supplier can investigate and, if authorized by the supplier, arrange for replacement Reward(s) to be shipped.  Any damaged or broken Rewards must be returned by the User immediately to the supplier in the original condition.  The supplier will pay for return shipment and subsequent re-shipping of the Reward, subject to continued availability.  The supplier will only offer a replacement for Rewards that are damaged or broken when received by the User.  For Rewards that are not damaged or broken but are not in working condition or faulty, the supplier will not replace the Reward, but will assist the User in contacting the manufacturer to facilitate after-sales support. 

Each User acknowledges that some Rewards are not returnable and non-refundable (e.g. items with a customized aspect or which are made to order, perishable goods such as flowers/food or personal items such as jewelry or cosmetics).  The supplier will not accept returns for apparel that has been worn.

Once the Reward has been received by the User, provided there is no damage or fault at the time of delivery, the User accepts all risks for the Reward and will need to contact the manufacturer if a fault develops at a later stage as per the manufacturer’s warranty terms and conditions.

Gift Cards and Gift Certificates

Gift card and gift certificates may not be returned unless the return is due to the incorrect distribution by the supplier.  All gift cards and gift certificates will be dispatched by the supplier according to the information provided by the User.  The Administrator will have no responsibility for any gift certificates or gift cards that are lost or stolen once delivered.  Where a User reports a voucher or gift card as lost or stolen, the Client acknowledges that a fee may be deducted from the balance of the card for the issuance of a replacement.  The Administrator is not liable for any refusal of a retailer to deactivate or provide credit or replacement of a lost or stolen gift card or voucher. 

Gift cards and gift certificates that are lost or stolen in transit must be reported by the User to the Administrator customer service team immediately. 

Gift cards and gift certificates may not be transferred or re-sold by a User to any third party, whether for payment or free of charge.

Orders for gift cards and gift certificates may be fulfilled with a single card for the value redeemed or in multiples of a smaller denomination.

Order disputes

For orders of Rewards shipped by tracked delivery, the supplier will provide a proof of delivery document or other supporting information within 2 weeks upon inquiry of any order disputes.  Courier companies will only normally provide proof of delivery for a period of up to 2 to 3 months.  Users must report any order disputes as early as possible.  If any order dispute is raised after 2 months from the date of shipment, proof of delivery documents may not be available and neither The Administrator nor its supplier(s) will accept any liability to the User in respect of any such dispute.

TERMINATION

{Phyxter} or the Administrator reserves the right in its sole discretion to cancel or suspend the Program at any time.

Users will be given written notice of Program termination and all Reward Points must be redeemed within 30 days following such written notice. Any Reward Points not redeemed in accordance with the foregoing will be forfeited.

Tax

To the extent any element of the Program (including, without limitation, Reward Points, Rewards, Experience Rewards) is deemed taxable income or employee compensation under applicable law or regulation, the User and {Phyxter} is solely responsible for its own and for ensuring each User’s compliance with any and all taxation requirements including, without limitation, reporting of income or compensation and payment of any resultant taxes.  The Administrator has no responsibility for any taxation or reporting to any taxation authority and the Administrator is not responsible for obtaining or providing any tax advice to {Phyxter} or any User.

General

Save as set forth above, no correspondence will be entered into regarding either this Program or these Terms and Conditions of Use. In the unlikely event of a dispute, {Phyxter}’s decision shall be final.  {Phyxter} and/or the Administrator reserve(s) the right to amend, modify, cancel or withdraw this Program at any time without notice.

{Phyxter}  and/or the Administrator cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party.  Users in this Program agree that {Phyxter} and the Administrator will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a Reward, or from participation in this Program. Nothing in this clause shall limit {Phyxter}’s or the Administrator’s liability in respect of death or personal injury arising out of its own negligence or arising out of fraud.

This Program is administrated by Corporate Rewards Worldwide, Inc.

Promoter: {Phyxter, 8 Victoria Street, Toronto, ON, M5E1L4}