Terms & Conditions

Welcome to MemberPerks® (the "Program"), owned and operated by Venngo Inc. ("Venngo") and licensed to Explorer RV Club ("Licensee"). In this document Venngo is referred to as "we", "our" or "us".

These terms and conditions ("Terms" or “Agreement”) govern your use of the Program. Please read through the Terms.

This agreement constitutes a legally binding agreement between each individual who registers for the Program (“Member”). If you are a Member or use any of our properties, you agree that you have read this agreement, understand it, and agree to be bound by all of its terms and conditions.

If you do not agree with the Terms, do not use the Program and terminate your membership.

1.CHANGES TO THE TERMS AND CONDITIONS

We may change these Terms at any time by posting changes online. In the case of a material change, we will provide you with thirty (30) days written notice. Your continued use of the Program means that you agree to be legally bound by the Terms as updated and/or as amended. If you do not agree to any modification of these Terms, your sole option and remedy to terminate this Agreement is to discontinue your use of the Program. The most current version of these Terms will be available within the Program and supersede previous versions.

2.PROGRAM ACCOUNT AND PERSONAL INFORMATION

Only individuals designated by the Licensee, or invited by a Member (when available), are eligible to become a Member and create a Program account (“Account”). You may start accessing the Program as soon as you have completed the registration of your Account. You agree to provide accurate and current information such as your name, email address, telephone number etc. ("Personal Information") as required by the registration process to create your Account.

To redeem certain offers and promotions offered by our Program, you may elect to provide us additional information. Information that you submit through the Program may be saved and available for your use in the Programs including, without limitation, any saved payment card information. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference.

3.MEMBER CONDUCT AND FEEDBACK

You agree not to use the Program to:

  1. violate the law, misuse our proprietary information or that of others, to impersonate any person or entity, "stalk" or otherwise harass others, to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others;
  2. access our Program for the purpose of data mining or extracting content; or,
  3. submit, upload, post, email or otherwise transmit any material or communication that:
  1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. you do not have a right to transmit under any law or under contractual or fiduciary relationships;
  3. infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any party;
  4. is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes"; or,
  5. knowingly contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Section (c) 1. to 5. above include communications by means of social media or other Internet, or public media posts that violate the above standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.

Venngo does not claim ownership of the materials you chose to provide to Venngo or post, upload, input or submit for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Venngo and its affiliated companies permission to use your Submission in connection with the operation of their businesses, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Venngo is under no obligation to post or use any Submission you may provide and Venngo may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

4.THIRD PARTY MATERIAL AND LINKS

The Program contains material submitted and created by third parties. Venngo and Licensee do not endorse the companies, products or services listed in the Program. You should independently determine whether the companies, products and services listed herein are appropriate for your purpose.

Venngo and Licensee exclude all liability for any illegality arising from, or error, omission or inaccuracy in third party material contained in the Program and take no responsibility for such material. In the event that you purchase or obtain any goods or services from a third party, the acquisition of such goods or services will be in accordance with that third party's terms and conditions, and Venngo and Licensee will have no liability to you in respect of the same.

The Program contains links to other websites which are not under our control nor are they maintained or reviewed by us. We provide these links to you for convenience only, not as an endorsement of the material on these websites. The terms and conditions of any third-party website that you may visit will govern your use of that third party's website. We are not responsible for the contents nor assume any responsibility with respect to your use of any third party's website.

If you enter into a contract or make a purchase of a product or service with a third party included with the Program, the contract or sale shall exist only between you and the third party. In the event of a problem with the product or service that has been ordered or purchased, all queries should be directed to the third party concerned.

5.OWNERSHIP AND CONTENT

  1. You should assume that everything you see or read within the Program is copyrighted unless otherwise noted. The Program and all of its contents are proprietary to and owned and copyrighted by Venngo or others, with all rights reserved unless otherwise noted.
  2. We reserve the right to modify or discontinue, temporarily or permanently, the Program, or any part thereof, with or without notice, at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Program, or any part thereof.
  3. You are free to use the Program provided you do not modify it, respect all copyrights and other proprietary notices contained within the Program and comply with all Terms; however, you require Venngo's written consent to copy or display any portion of the content for redistribution to third parties or for commercial use.
  4. The trademarks, logos, service marks and other names and icons identifying products and services within the Program are registered and unregistered trademarks of Venngo and other third party organizations. Venngo® is a registered trademark of Venngo Inc. WorkPerks®, MemberPerks®, CustomerPerks® and AdPerks® are registered trademarks of Venngo Inc.

6. ACCOUNT MAINTENANCE

You agree to update your Account information as necessary in a timely manner to ensure that it is kept accurate and complete through the Program. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and we are entitled to act on instructions received under your Account and we are not responsible for any credits or debits made to your Account by someone else who uses your usernames and password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your Account is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.

7. CARD LINKED OFFERS

We offer a service enabling you to enroll a credit card to earn cash back or other rewards or benefits (“Program Rewards”) when you make qualifying transactions at participating merchants within the Program (“Service”).

The following applies if you choose to add a Linked Card to the Program:

7.1 Card Eligibility

The Service is limited to credit cards only (Canada Only). Payment cards that are not eligible for use with the Program include, without limitation, debit cards, corporate and purchasing cards, prepaid and/or gift cards.

7.2 Transaction Eligibility

Not all participating merchant locations or transactions at participating merchants with your Linked Card may be eligible to earn Program Rewards. This may include payments made through third-party digital wallets or payment apps and other transactions not processed through the payment card network’s own system. Please review applicable offer terms within the Program.

7.3 Linked Card Information

You authorize our Service Provider (Fidel) to collect and store your Linked Card information and share it with the Payment Card Network so it knows you’ve linked the eligible card. Upon choosing to add a Linked Card, you also authorize the Payment Card Network to monitor transactions on your Linked Card(s) to identify Qualifying Transactions, and for the Payment Card Network to share details (including the last 4 digits of your Linked Card, the time, date and amount of the Qualifying Transaction, and merchant information) about the Qualifying Transactions with our Service Provider who will then share details with us so that we can provide the Service.

In order to add a Linked Card, you must accept any terms and conditions presented by our Service Provider.

7.4 Payment Card Networks

You agree that the Payment Card Network will not be liable to you or to any third party for any loss whatsoever resulting in connection with (directly or indirectly) the Terms and your participation in the Program.

To unregister or de-link a Linked Card, please edit your Linked Card(s) within your Account settings within the Program.

8. PROGRAM REWARDS

The Service available through the Program is set out below:

8.1 Linking Credit Cards:

You may elect to link one or more credit cards issued to you for a participating Payment Card Network (“Linked Card”). You are responsible for entering the correct information when setting up your Linked Card. Each Linked Card may only be linked to your Account once and may not be added to more than one Account. We are not responsible for any error on your part nor are we responsible if, for any technical or other reason, you are unable to link a specific card to your Account. For each Linked Card, you authorize us on an ongoing basis to retrieve, organize and present to you information about Qualifying Transactions.

Please review the “Linked Card Information” section of these Terms for additional terms and conditions applicable to Linked Cards.

8.2 Earning Cash

You will earn Program Rewards (i.e. Cashback, Points, Rewards) on the final price (including tax and any other applicable fees) of personal purchases of products or services from Participating Merchants paid for with a Linked Card. For clarity, you will not earn Program Rewards if you purchase products or services from a third party Service rather than directly from the Participating Merchant. For clarity, a third-party food delivery service that delivers products or services from a Participating Merchant is not considered a Participating Merchant.

Specific terms for earning Program Rewards applicable to an offer provided by a third-party merchant in the Program (“Participating Merchants) are set out in the Program. The maximum amount of Program Rewards that you can earn on any single Qualifying Transaction is $250.00.

Program Rewards are earned on the Canadian dollar equivalent of Qualified Transactions made in a currency other than Canadian dollars.

You can view your balance of earned Program Rewards in the Program. If there's any error in your balance of Program Rewards you must notify us within 60 days of any Qualifying Transaction. We will follow our internal operational procedures to track and account for all Program Rewards earned. In the event of any dispute or discrepancy regarding your balance of earned Program Rewards, we at our sole discretion will make the final decision on Program Rewards earned.

Earned Program Rewards for a Qualifying Transaction will be reflected in your Account within the Program but will initially be marked as “pending” amounts. It may take up to 7 business days from the date a Qualifying Transaction is made for the related earned Program Rewards to be reflected in your Account. If, in accordance with the Participating Merchant’s return policy, you cancel or return the products or services associated with the Qualifying Transaction your earned Program Rewards will be reduced as applicable.

8.3 Cashing Out

You can elect to do any of the following with balance of your Program Rewards in your Account. Options for cashing out your balance may change over time and will be set out in the Program. Terms applicable to cashing out balances are set out in the Program. The minimum amount of balance that you can cash out at any time is $25 CAD. The maximum amount of Program Rewards balance that you can cash out is $250 CAD.

8.4 Account Activity

To maintain your Program Rewards you must have performed in one of the following activities within the past twelve (12) months:

  1. have signed-in to your Account
  2. have clicked to redeem an offer within the Program or made a card linked purchase,
  3. linked a payment card to the Program or a specific in-store offer,
  4. have accrued Program Rewards or
  5. updated your Account information.

If you have not performed in one of the activities in subsections (i)-(v) for more than twelve (12) consecutive months, we reserve the right to debit your Account balance two dollars ($2.00) per month (“Maintenance Fee”) until you reactivate your Account, except where prohibited by applicable law. To reactivate your Account perform one of the activities noted above in subsections (i)-(v) or until your account balance is zero. Maintenance Fees are non-refundable, will not cause you to owe money to us and will not cause your account balance to become negative.

9. PROGRAM COMMUNICATIONS

By signing up to be a Member, you agree to receive communications and notices by electronic mail. Our communications may be account, program, or membership related (e.g., that we’ve added money to your account, that a purchase has been made, that we are emailing cash back or a cheque etc.). If you consent to receive marketing emails, we may send you Program related emails that highlight offers and special deals available to you. We may communicate with you regarding the Program by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you become a Member. We may also send you push notifications if you install the mobile application. You may opt out of receiving certain communications in accordance with our Privacy Policy.

10. INDEMNIFICATION

You understand, acknowledge, and agree that;

  1. Venngo, Licensee, their affiliates, their respective directors, officers, managers, agents, and fellow employees (collectively the "Indemnified Parties") are not liable for any harm, damage, loss and cost related to your use of the Program, including any liability caused to you by third parties during the course of you purchasing goods or services from such third parties. You agree to hold harmless the Indemnified Parties from any such liability;
  2. you are solely responsible for any and all consequences arising, directly or indirectly, from your use of services or purchase of products through the Program which includes but is not limited to: costs or damages associated with disputes, shipping costs, returns, and/or additional taxes (including taxable benefits) or duties, in respect of your use of the Program.

11. DISCLAIMER OF WARRANTIES

The information contained within the Program is for information purposes only. We provide the Program and services "as-is", "with all faults" and "as available"; we make no warranties or representations, whether express or implied, as to accuracy, merchantability, fitness for a purpose, non-infringement, or reliability of access. We do not guarantee the accuracy or timeliness of information available from the Program or warrant that access to the Program will be uninterrupted, timely, secure or error-free. Information within the Program does not constitute advice and you should not rely on any information within the Program to make (or refrain from making) a decision or take (or refrain from taking) an action.

We are committed to providing quality services, but make no warranties or representations with respect to the quality or fitness for use of any product or service or the nature or quality of any of the third party products or services. Inclusion in the Program does not constitute an endorsement by us. We make no warranty that the Program, or websites which are linked to the Program are free from computer viruses or any other malicious or impairing computer program or that the functions contained in the Program will be uninterrupted or error free.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VENNGO OR LICENSEE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY CANADIAN DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, EQUITY, OR OTHERWISE.

This Agreement is effective when accepted by you and will remain in effect until you or we terminate your membership in the Program. We may terminate this Agreement and your use of or access to the Program at any time, for any reason or no reason. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior Cash Back and other rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any Company Property. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the Company Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program. Upon any termination of the Program, your right to use and access the Program, and the Company Properties, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either your or our remedies at law or in equity.

13. GENERAL PROVISIONS

  1. Entire Agreement. These Terms comprise the entire agreement between you and us related to the subject matter herein.
  2. Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario.
  3. Severability. If any term, condition, or provision of the Terms is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
  4. No Waiver. No waiver of any breach of the Terms shall constitute a waiver of any other breach, and no waiver shall be effective, unless in writing, signed by the waiving party.
  5. Termination or Suspension of Access. We may terminate or suspend your access if we determine that you have failed to comply with the Terms, at our sole discretion.
  6. Questions or Violations. If you have a question regarding the Website or Services, or want to report a violation of the Terms, please go to Customer Support at www.venngo.com.
  7. Company Information. Venngo Inc. is located at 155 Rexdale Blvd., Suite 207, Toronto, Ontario, M9W 5Z8.

Last updated February 3, 2022