Terms & Conditions
BE WELL™ PROGRAM TERMS AND CONDITIONS
LAST UPDATE: March, 2023
1. Be Well™ Program Overview
The Be Well Program (the “Program”) is a program owned and administered by McKesson Canada Corporation (the “Administrator”, “we” and “our”) on behalf of all participating Rexall® locations (the “Participating Stores” or each individually, a “Participating Store”), under the terms and conditions contained herein (the “Terms”). To find out if a store location is a Participating Store, please visit the Program Website (as defined below). The list of Participating Stores may change from time to time.
The Program has a loyalty rewards component that allows persons who have received or been issued a Card (as defined below) and who have completed the membership enrolment and registration process to collect Be Well Reward Points (“Points”) when making purchases at Participating Stores and to redeem those Points for cash savings, the whole in accordance with these Terms.
The Program also has a pharmacy component (“Pharmacy Access”) available only to members who use the Be Well mobile app (the “Mobile App”) or the Be Well website application (the “Web App”), that provides Members (as defined below) who have separately linked to Pharmacy Access with a single point of access to their prescription history and certain health and wellness services, the whole in accordance with these Terms. The Pharmacy Access includes a caregiver function (“Caregiver Function”), through which an individual who takes on the role of caregiver (“Caregiver”) can manage prescription medications remotely on behalf of that person. That person could be, for example, the Caregiver’s child or ageing parent, or another individual the Caregiver assists (“person-in-care” or “PiC”).
Additionally, the Program includes the option to connect to the Account (defined below) a savings offering by Rexall as one of the benefits offered under its Preferred Pharmacy Network (the “Preferred Perks Program” or “PPP”). You are automatically eligible for enrollment in the PPP once your plan administrator joins one of Rexall’s Preferred Pharmacy Networks with the PPP added benefit, and you become a Be Well Member and link your Account to the PPP with a unique code provided by your plan administrator. Your entitlement to participate in the PPP ceases the sooner of (i) you no longer having a relationship with your plan administrator or (ii) your plan administrator ceasing its participation in Rexall’s Preferred Pharmacy Network.
2. Participation in the Program
Membership is free and no initial purchase is required to become a member of the Program (a “Member”). Membership is open to you if you are an individual consumer, you are a resident of Canada and you are 14 years of age or older.
If for any reason we believe a Member is under the age of 14, we reserve the right to request proof of age. If proof is not provided, all personal information regarding that individual may be deleted from our system and the membership of that Member may be terminated, including the immediate forfeiture of all Points.
To become a Member, simply pick-up a Be Well card at a Participating Store, visit www.letsbewell.ca (the “Program Website”) and complete the online registration process, or download the (“Mobile App”) or Web App and follow the instructions contained therein to create and register a digital Be Well card (such physical or digital Be Well card, a “Card”). To become a valid Member, you must complete the enrolment and registration process by providing complete and accurate information and indicating your acceptance of these Terms. You will be required to register your Member account (“Account”) through our call-in centre, the Mobile App or the Program Website and complete the enrolment and registration process before Points can be redeemed, as detailed further in Section 4. Only one Account is permitted per person.
Each Member who has completed the enrolment process using the Web App or Mobile App (a “Digital Member”), and has registered his or her Account is eligible to separately link Pharmacy Access to his or her Account either through the Mobile App, the Program Website or by asking a pharmacy team member at a Participating Store, as detailed further in Section 7. If you have not registered using the Web App or Mobile App, there may be some Be Well™ program services that you will not be able to receive or access, and some terms and conditions may not apply to you.
Each Member who is a person-in-care may designate a Caregiver in accordance with the Section entitled “Caregiver Function” below. This Caregiver is subject to and must agree to these Terms.
The methods for participating in the Program may change from time to time at the sole discretion of the Administrator.
3. Collecting Points
There are several ways to collect Points:
- Eligible Purchases at Participating Stores: Points will be awarded at the rate of 10 Points for each full dollar spent on each separate purchase of eligible products at Participating Stores. Points will be calculated with reference to the purchase price of eligible products, less applicable discounts and taxes as shown on each purchase receipt. Non-eligible products are listed in Section 5.
- Promotional Offers: From time to time, Points may be awarded to Members on the purchase of certain products, or for spending a predetermined amount, or achieving predetermined Point accumulation amounts. You may use your Card to take advantage of these promotions, including, but not limited to, those advertised in-store or through flyers, without having to load those offers onto your Card prior to completing the purchase.
- Personalized Offers: From time to time, Digital Members may receive personalized offers via email, the Mobile App, the Program Website and/or other delivery channels (“Personalized Offers”). Personalized Offers must be loaded onto your Account to be used in-store, which can be completed through the Mobile App or the Program Website, or any other means that we may devise from time to time. If you do not load Personalized Offers on your Card before you pay for your purchase, the Personalized Offers will not be activated and you will not receive the rewards associated with the Personalized Offers.
You are required to present your Card prior to payment in order to receive Points. Points may be awarded retroactively if the original receipt and your Card is produced in-store within 30 days of the date of the original eligible purchase.
Occasionally, through specified promotions offered by Participating Stores, additional rewards, prizes or benefits may be awarded for using your Card or for being a Member. Examples of additional rewards, prizes or benefits that may be offered include instant savings, dollar off coupons, product offers, personalized pricing and services offered by Participating Stores. Some promotional offers may be available only through the Mobile App or Web App and will therefore only be accessible to Digital Members
Any offer or promotion is time limited, and may contain additional terms and conditions, which will apply in addition to these Terms. Each offer is valid only once, unless expressly stated otherwise in the terms of the offer or promotion.
4. Redeeming Points
To “redeem” means to use your Points to pay, or partially pay, for eligible purchases by using your Card at the point of sale in Participating Stores following the instructions provided by the cashier, the point-of-sale terminal or other payment processing device. You can redeem the Points you collect for eligible purchases (see Section 5 below for exclusions), or for any other purposes of which we may advise you from time to time.
You must have enrolled in the Program and have registered your Card, or otherwise have called customer service, in order to redeem Points. Any Points collected on a Card will remain the property of the Administrator until the enrolment and registration process has been completed.
You must redeem a minimum of 25,000 Points at any one time, which are worth $10. Points may be redeemed in increments of $10 up to a maximum of $200 (500,000 points) in a single transaction. A maximum of 500,000 points can be redeemed within a 24-hour period.
5. Eligible Purchases and Redemption Restrictions
Points cannot be collected or redeemed for any of the following products: taxes; tobacco products; products containing codeine; lottery tickets; alcohol; bottle deposits; gift cards; prepaid cards and wireless or long distance phone cards; event tickets; transit tickets and passes; post office transactions; stamps; passport photos; cash back; gifts with purchases; delivery charges; environmental levies; Home Health Care services/rentals and any other products or services that we may specify from time to time or where prohibited by law.
In addition, the laws applicable to the collection and redemption of Points on prescription, medication and other pharmacy or health care-related products and services vary in each province. Points cannot be collected on prescriptions or select products purchased through the dispensary or pharmacy service in provinces where prohibited: Ontario, Quebec, Alberta, British Columbia, New Brunswick, Prince Edward Island and Newfoundland. In provinces and territories where it is permitted to collect Points on prescription medication, Points can be collected on the portion of the value of the prescription that you actually pay (not the portion that your insurer pays). The provinces and territories where Points can be collected on prescription products are Manitoba, Saskatchewan, Nova Scotia, Yukon, Northwestern Territories and Nunavut. In Manitoba, no bonus Points can be awarded on prescription products and only base Points can be collected. In Ontario, British Columbia and New Brunswick, points cannot be redeemed on prescriptions. The laws in each province and territory may change from time to time and you are advised to consult with your pharmacist for additional information in this respect.
Points you collect upon making a purchase cannot be redeemed for that purchase and can only be redeemed for a subsequent eligible purchase provided 12 hours have passed since the Points were collected.
6. Additional Collecting and Redemption Rules
If you return a purchase, your Account balance will be reduced by the number of Points collected for that purchase. If a refund or correction is applied to your Account, your Account balance will be adjusted up or down by the number of Points related to the refund or correction, as applicable, and your Account balance may become negative. Upon the return or exchange of purchases made through the redemption of Points at Participating Stores, all redeemed Points will be forfeited and you will receive the value of the returned product in the form of a gift card redeemable at a Participating Store.
Our records of the number of Points collected, redeemed or deducted are deemed accurate. If you have a concern regarding your Account balance, you must contact us and provide relevant evidence within 30 days after your transaction date. Any missing Point requests that are greater than 30 days after the transaction date will be considered forfeited.
The number of Points displayed on your receipt at a Participating Store, on the Mobile App or the Program Website, in an email or by any other method, are provided for your information only and may not reflect your current Points balance according to our records. To the extent permitted by law and to the extent that we are not responsible for errors in the Points balance so displayed, we accept no liability for any errors in such Points balance displayed. If any Points are awarded to your Account in error, we reserve the right to deduct the number of Points awarded in error at any time and without notice to you. We are not obligated to honour a request to redeem Points added to an Account in error. Points will not be awarded if in our reasonable opinion the products purchased will be used for resale or commercial use, and any Points awarded on such purchases will be forfeited. We reserve the right to limit Points awarded with respect to any offer or promotion to reasonable household quantities. If a Member was awarded Points for an offer or promotion in which that Member purchased product in excess of reasonable household quantities, the Points awarded as a result of that offer or promotion may be forfeited without prior notice.
We are not responsible for any errors that may occur in the sending or loading of offers, including Personalized Offers, or if there is a delay in sending or loading offers, including Personalized Offers. We are not obligated to honour a request to collect or redeem Points that were collected or redeemed due to an error or delay in the sending or loading of offers, including Personalized Offers.
If your Card is lost or stolen, contact us to disable redemption capabilities for that Card. We are not responsible for redemptions on your Account, including any redemptions made on your Account before you turn off redemption capabilities on a Card that was lost or stolen, as well as all redemptions made on your Account as a result of unauthorized access to your Account. If a Card is lost, stolen or destroyed, you can pick up a new physical Card in-store or, if you have the Mobile App, you can obtain a new digital Card by contacting our customer support team (see Section 10 for further details). In all cases, you must contact our customer support team and provide the proper identification to have the Points balance in your Account transferred to your new Account.
Points have no cash value and are not exchangeable for cash. Except as permitted from time to time by the Administrator, Points cannot be assigned, exchanged, purchased, given by gift, sold, traded, bartered or rented. Any Points so acquired are void. The accumulation of Points does not entitle the Member to any vested rights and the Administrator and the Participating Stores do not guarantee in any way the continued availability of any reward, redemption level, rebate or other benefit. The Administrator assumes no liability as regards the addition or deletion of products for which Points can be collected and/or redeemed.
At the sole discretion of the Administrator, you may be permitted to transfer your Points to another Member. Upon the death of a Member, the Member’s Account will be closed and any Points in the Account will be forfeited. Points are not divisible in the case of divorce or equalization of family property.
A Member will be deemed to be inactive and all accumulated Points will be forfeited if that Member does not, for 24 consecutive calendar months collect or redeem Points. The Administrator reserves the right, in its sole discretion, to reinstate all or a portion of the Points of a Member that is deemed to be inactive upon that Member contacting our customer support team (see Section 10 for further details).
7. Pharmacy Access (for Digital Members Only)
By accepting the following Terms relating to Pharmacy Access, you will then have the ability to link to Pharmacy Access (which includes the ability to link to your pharmacy profile), thereby granting you access to your prescription history for the past 3 years, as well as other personal health information that has been collected and generated by your pharmacy team in each case at the Participating Store you have chosen to link. You may link to Pharmacy Access for more than one Participating Store, in which case you will be granted access to that information for each Participating Store that you have linked. Even though you may have linked Pharmacy Access for more than one Participating Store, each Participating Store will not be able to access your prescription history at any other Participating Store. To receive a comprehensive medication review, you must speak to your pharmacist to ensure they have complete information on your medical history and prescriptions.
If you have linked to Pharmacy Access, you may also use the Mobile App and Program Website to request a refill (“Refill”) of any of your available prescriptions. Refills are subject in all cases to provincial/pay or reimbursement eligibility.
You will also be able to submit a photograph of a new prescription to your pharmacist at the Participating Store through the Mobile App (“Photo Rx”). Photo Rx is only available for prescriptions written by a Canadian medical practitioner and cannot be used for prescriptions that contain narcotics and/or are for controlled substances. You must ensure that the photograph quality of any submitted photograph is sufficient to allow the pharmacy staff at the Participating Store to fill the prescription. You must also bring the original prescription to the Participating Store in order to be able to pick-up any prescription submitted through Photo Rx.
You will have the ability to transfer your prescriptions from a non-Rexall pharmacy to a Participating Store or from one Participating Store to another. Please speak to your pharmacist or follow instructions on the Program Website or the Mobile App. After requesting your prescription be transferred, it may take up to 48 hours to complete the transfer (which will occur by fax) and set up your profile. Please note that the transfer of your prescriptions does not mean your prescriptions will automatically be filled. If you wish to refill a prescription when completing your transfer request, you must indicate in the ‘Notes’ section of the screen that you are requesting a refill for a given prescription, and provide your desired refill date. Otherwise, after the transfer is complete, you may reopen the Program and submit your refill request.
The Pharmacy Access features may change from time to time at the sole discretion of the Administrator.
In all cases, the pharmacy staff at a Participating Store will use their professional judgement in dispensing medications and they may require additional information from you or your prescriber before releasing a prescription. For Photo Rx or Refills, the requested pick-up date and time is subject to change based, among other things, on the availability of the medication and the workload of the pharmacy staff at the Participating Store. If transferring a prescription from another pharmacy, your prescription will not be automatically filled unless you add your refill request in the ‘Notes’ section available when making your transfer request. If you do not add your request in the ‘Notes’ section, you will need to reopen the Program, after your transfer has been completed, and submit your (re)fill request.
The Mobile App may not show all medications that have been dispensed to you. For a comprehensive view of your prescription history at a Participating Store, please visit that Participating Store. Prescription data and information presented in the Mobile App is retrieved from your Participating Store’s pharmacy dispensing software. Technical issues outside of the control of the Administrator and the applicable Participating Store may cause the information to be inaccurate or out of date.
The Mobile App will also allow you to self-report your health information (e.g. heart rate, immunizations, health risk assessments) or the health information of sub-users in a specific section of the Mobile App. The information collected in this section of the Mobile App is intended for your personal use and will not be accessible to the Administrator or any Participating Store. If you provide or enter personal or health information of sub-users in the Mobile App, you confirm having obtained such sub-users’ prior consent, as required by and in compliance with applicable law.
Access to your personal information is being provided for general informational and record-keeping purposes, to permit you to request a Refill or transfer of your prescription, to permit you to provide your personal health information to physicians and other health care professionals and for intervention by your pharmacist to offer certain patient services. The personal information that you can access does not, nor is it intended to be construed as medical, legal, or other professional advice, opinion or represent your comprehensive or complete medical history.
The Administrator and the Participating Stores do not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned on the Mobile App, the Program Website or in association with the Program.
THE CONTENTS OF THE MOBILE APP AND THE PROGRAM WEBSITE ARE NOT INTENDED TO REPLACE OR SUBSTITUTE FOR THE ADVICE OF YOUR PHYSICIAN, YOUR PHARMACIST OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. YOU SHOULD SPEAK TO YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, WHO ARE THE BEST SOURCE OF INFORMATION REGARDING YOUR HEALTH-RELATED QUESTIONS. ABSOLUTELY NO INFORMATION CONTAINED OR ACCESSIBLE THROUGH THE MOBILE APP OR THE PROGRAM WEBSITE SHOULD BE CONSTRUED AS TAKING THE PLACE OF YOUR PHYSICIAN'S, PHARMACIST’S OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL’S ADVICE. NEITHER THE ADMINISTRATOR NOR ANY PARTICIPATING STORE IS RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BY YOU BASED ON THE INFORMATION AVAILABLE ON OR THROUGH THE MOBILE APP OR THE PROGRAM WEBSITE.
DO NOT USE THE INFORMATION PROVIDED TO YOU THROUGH THE PROGRAM TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE MOBILE APP OR THE PROGRAM WEBSITE.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
IF YOU BELIEVE THAT THERE IS AN ERROR IN YOUR PERSONAL INFORMATION, INFORM YOUR PHARMACIST OF THIS ERROR IMMEDIATELY.
The Caregiver Function enables and empowers Caregivers to simply and conveniently understand and manage prescription(s) on behalf of a PiC who has granted them access to their Pharmacy Access, profile and health information available via the Mobile App and the Program Website.
Caregiver Designation. A PiC may designate a Caregiver by attending to a Participating Store with a Caregiver who requests that he or she be registered as that PiC’s designated Caregiver. Pharmacy staff will record information about the Caregiver in Rexall’s pharmacy management system and will obtain the PiC’s consent if necessary. Explicit written consent by the PiC must be provided to the pharmacy staff if the PiC is above the age of 14. If the PiC is below the age of 14 and the Caregiver is a legal parent/guardian, the pharmacy staff will collect consent from the Caregiver on behalf of the PiC; however, if the Caregiver is not a legal parent/guardian, explicit consent will be required from the legal parent/guardian.
Alternatively, a Member may designate a Caregiver over the phone, in which case the Participating Store team will take reasonable steps to authenticate the PiC’s identity. As required, the Participating Store may also request that a PiC provide valid consent to a Caregiver designation in person at the Participating Store pharmacy.
Caregiver Role and Obligations: A Caregiver identified by a Member will be required to accept these Terms. This Caregiver will then have access to the relevant PiC’s Pharmacy Access and profile, as well as to the PiC’s prescription history and other personal health information that has been collected and generated by the PiC’s pharmacy team in each case at the Participating Store the PiC has chosen to link. The Caregiver may then use the Mobile App and Program Website to: (i) add or remove Pharmacy accounts for the PiC in Be Well; (ii) view the PiC’s medication record with every linked Pharmacy account in Be Well; (iii) request prescription refill through Be Well on behalf of the PiC; (iv) submit new prescriptions through the Photo Rx feature on behalf of the PiC, as further detailed in the section “Pharmacy Access”; (v) receive notifications (e.g. Rexall Reminders) on behalf of the PiC; (vi) develop an in-store registration to create a caregiver/PiC pharmacy link; (vii) enroll/unenroll to Rexall’s autorefill program; (viii) synchronize the Caregiver and PiC’s medications for refill/pickup; and (ix) receive notifications if medication adherence falls below a threshold.
Limitations. The Caregiver acknowledges that the pharmacy staff at a Participating Store will use their professional judgement in dispensing medications and they may require additional information from the Caregiver, the PiC or the PiC’s prescriber before releasing a prescription, and that the Refills, pick-up date and time are subject to change based on, among other things, the availability of the medication and the workload of the pharmacy staff at the Participating Store. The Mobile App may not show all medications that have been dispensed to the PiC, and technical issues outside of the control of the Administrator and the applicable Participating Store may cause the information to be inaccurate or out of date.
8. Preferred Perks Program
PPP Program Overview. The Program is offered to individuals (the "PPP Members") who in accordance with the present Terms and Conditions (i) have been granted access to the PPP through their plan administrator, (ii) have become or are Be Well Members, and (iii) linked their Account to the PPP with a unique code provided by their plan administrator. PPP Members receive a discount* (“PPP Discount”) in such amount as may be offered by Rexall to the PPP Members’ plan administrator (the “MPA”), from time to time, and applicable to such regularly priced products as may be agreed to by Rexall and the MPA, only at participating Rexall locations. *Some exclusions apply. Unless otherwise provided by Rexall, the offer applies to regularly priced Rexall brand items and excludes sale items, prescriptions products, products containing codeine, insulin, Rexall Gift Cards, Gift Card Express, lottery, postal services and stamps, transit tickets, baby diapers, baby formula, adult meal supplements, prepaid phone cards, photo finishing, tobacco products, professional and prescription services, and taxes. No cash value. Not valid on past purchases. The Card must be presented for all transactions and purchases. The value of your discount will be communicated to you by your MPA.
Every effort has been made to ensure that the information herein is correct. Rexall is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its websites.
Membership in the PPP is free and no initial purchase is required in order to become a PPP Member.
Your status as a PPP Member may be (i) terminated by Rexall at any time without prior notice; and (ii) revoked in the event of your breach of the Terms and Conditions of the Program, your misuse or abuse of the Program or PPP, fraud, and/or any other actions deemed by Rexall to be contrary to the Program (including the PPP) or the interests of its Members (including PPP Members).
If your relationship with your MPA ceases and your contract is terminated, your PPP Membership will no longer be valid.
Your use of the PPP Membership, and any of its benefits, constitutes your agreement to all of the Terms and Conditions of the PPP as well as all applicable Terms and Conditions of the Program generally. You agree and acknowledge that your enrolment in the PPP is not conditioned upon, and does not create, any explicit or implicit agreement or understanding that you purchase, order, refer, recommend or otherwise arrange for the use of Rexall’s products or services. PPP Membership benefits apply only to the individual PPP Member. PPP Memberships, or the associated benefits, are not transferable and may only be used by you. You may only participate in one PPP Membership at a time, any additional linkages will void and replace any existing linkages. Proof of Be Well Membership will be required at the time of purchase.
Rexall shall not be liable for misdirected communications, including any notices under these Terms and Conditions or any consequences thereof where your personal information is inaccurate or no longer valid. If we believe that some of our records are inaccurate, we may contact you to verify our records.
PPP Member Discount and Other Benefits.
To receive your PPP Discount you must present your Card (which relates to your Account that has been linked to your PPP) to the Store cashier before your eligible purchase transaction is completed.
The PPP Discount will not be applied retroactively after product purchase.
The PPP Discount cannot be used in conjunctions with any other Rexall offer.
PPP Members acquire no vested right or entitlement to the continued availability of any discount, reward, or other benefit. Rexall reserves the right to amend any element of the PPP, including but not limited to discounts offered.
In accordance with Federal and Provincial tax legislation, GST, PST, HST and any other applicable taxes are calculated and payable by the Member on all purchases.
10. Termination of Membership and Cancellation of the Program
We may, at any time, suspend, cancel or terminate your membership in the Program, if, in our view, you have abused any Program privilege, failed to follow these Terms, or made any misrepresentation to us or to any entity associated with or participating in the Program. We may also terminate your membership if any of the following events occur: (a) you die, (b) the Member becomes bankrupt or insolvent or any bankruptcy or insolvency proceedings are commenced by or against the Member, or (c) the Administrator suspects the Member of any fraudulent activity in connection with the Program.
If you are a Digital Member, you may choose to remove Pharmacy Access from your Account at any time through the Mobile App or the Program Website or by contacting our customer support team (see Section 10 for further details). The removal of Pharmacy Access will mean that you no longer have access to the information provided through, or stored in, Pharmacy Access or the other Pharmacy Access features. Removing Pharmacy Access will not otherwise affect your membership in the Program or the Points accumulated in your Account. Once Pharmacy Access has been removed from your Account, you will need to follow the registration steps set out in Section 2 for Pharmacy Access if you wish to regain access.
You may choose to cancel your membership in the Program at any time by sending written notice to the address below or by contacting our customer support team (see Section 10 for further details).
Termination or cancellation of membership in the Program will result in the immediate closing of the Member’s Account and the forfeiture of all Points accumulated in that Account without any compensation or other liability to the Member.
We reserve the right to terminate the Program, or any part of it, at any time by sending a written notice to Members (which may be provided via mail, at Participating Stores, on the Program Website, in the Mobile App notifications section and/or through other communications to Members, including via email) between the 90th and the 60th day preceding the termination of the Program, setting out the effective termination date and redemption rights. If the Program is terminated, you will have up to 45 days after the effective termination date to redeem any Points in your Account. After the expiry of the 45-day period, any Points that have not been redeemed will be forfeited. Where permitted by law, we also reserve the right at any time to establish a date upon which Points will expire and may no longer be used.
11. Amendments to the Program
The Administrator may, at its sole discretion, unilaterally amend the following elements of these Terms, in addition to those expressly referred to elsewhere in these Terms: (a) the methods for participating in the Program, (b) eligible purchases and redemption restrictions, (c) the value of Points for collection and/or for redemption purposes, (d) the manner in which the Program is provided to you and the organizations providing offers in connection with the Program, and (e) any other element thereof, including elements relating to the Caregiver Function. Where required by law, the Administrator shall send Members, between the 90th and the 60th day preceding the coming into force of an amendment, a written notice setting out the new clause, or both the former clause and the amended clause, and the date of coming into force of the amendment.
We reserve the right to refuse to allow you to join the Program or become a Caregiver for any reason in our sole discretion, including for not meeting the eligibility requirements or for having a membership cancelled previously.
The Card is not a credit card. The Card is the property of the Administrator and it may be revoked at any time by the Administrator in the event of a breach of these Terms, misuse or abuse of the Program by a Member, fraud, and/or any other actions deemed by the Administrator to be contrary to the Program or the interests of its Members in its sole discretion. Any unauthorized reproduction of any Card is prohibited and may result in legal prosecution and forfeiture of all Points and membership in the Program.
Members cannot share their Account number and Account information with anyone else, subject to a sharing relating to the use of the Caregiver Function. You are responsible for protecting and keeping secure your Account, the Cards on your Account, and any password or security questions used in connection with your Account and Cards.
If any of the information you were required to submit when you registered for, or began participating in, the Program changes (such as your email address or postal code), you must advise us immediately by updating your profile information on the Mobile App or the Program Website or by contacting our customer support team (see Section 10 for further details). We shall not be liable for misdirected email or mail communications, including any notices under these Terms or any consequences thereof where the information you provided to us is inaccurate or no longer valid. If we believe that some of our records are inaccurate, we may contact you to verify our records. We reserve the right to cancel any Account for which we have incomplete or inaccurate information and all Point redemptions on that Account may be blocked and any Points awarded may be forfeited. The submission of false or fictitious information will result in all the Points accumulated on an Account being forfeited.
Except as specifically outlined herein, these Terms represent the only agreement between the Member and the Administrator in connection with the Program, as well as the Caregiver and the Administrator in connection with the Program, and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written. There are no representations, warranties, covenants, conditions or other agreements, express or implied, collateral, statutory or otherwise, including implied warranties or conditions of merchantability or fitness for a particular purpose, between a Member and/or a Caregiver and the Administrator in connection with the Program, except as specifically set forth in these Terms. YOU MAY NOT MODIFY OR DELETE ANY PART OF THESE TERMS. ANY SUCH MODIFICATION OR DELETION WILL BE OF NO FORCE AND EFFECT.
THIS PARAGRAPH DOES NOT APPLY TO CONSUMERS RESIDING IN QUÉBEC PURSUANT TO APPLICABLE LAW: To the extent permitted by law, by participating in the Program and/or acting as a Caregiver, you agree to release and discharge the Administrator, its subsidiaries, and its parent company, and any other third-party that may from time to time participate in the Program (whether as a participant or in an administrative, operational or other capacity), and its, and each of their respective, officers, directors, agents, representatives, successors and assigns, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to the Program, your participation in the Program or the redemption and use/misuse of any product obtained through the redemption of Points or otherwise in connection with the Program.
The Administrator will not be liable or responsible in any manner for any tax consequences or any charge imposed by or with the authority of any government, which may flow from any participation in the Program.
We reserve the right to withdraw or temporarily change or suspend all or part of the Program in any way, in the event of a material error, omission, technical problem, computer virus or bug, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Program as set out in these Terms. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Program in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and, should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.
Our failure to exercise any of our rights, powers or remedies in these Terms or at law, or any delay in doing so, does not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the exercise of any other right, power or remedy.
Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”. Any dollar amounts referenced in connection with the Program or these Terms are referenced in Canadian dollars.
Each of the provisions contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other provision of these Terms.
For consumers residing in Quebec: These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without reference to conflict of laws provisions.
For consumers residing in the rest of Canada: These Terms are governed by the laws of the province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws provisions.
How to Contact Us
If you have any questions about the Program, please email email@example.com or call 1-888-596-5131. Any written notice to the Administrator may be sent by ordinary mail to:
Be Well Program Officer | 935-B Southgate Drive Guelph, OntarioON, N1L 0B9