Last updated: March 19, 2020

REWARDS PROGRAM at BAY PORT YACHTING CENTRE

This page sets out important information about the Rewards Program at Bay Port Yachting Centre (“Program”) which is made available by Maple Leaf Marinas (“MLM”) in conjunction with our Program provider, ACKROO Inc. (“Ackroo”). The Program will be governed by the Terms and Conditions outlined herein.

All qualifying customers of Bay Port Yachting Centre (“Marina”), as determined by MLM at its sole discretion, are eligible for enrollment and membership in the Program (“Participants”), subject to the Terms and Conditions. Participants must have an account in good standing and be an active annual or summer dockage customer of the Marina. Only one Program card will be issued per customer.

The Program is based on a rewards system whereby 1 point is the equivalent of $1 (“Points”). Points will be collected, pursuant to the terms and conditions, currently at a rate of 3% on the purchase of specific goods or services only, that are transacted at the Marina (“Eligible Purchases”).

Eligible Purchases include purchases made at the Marina for store merchandise, parts and accessories, service work performed by the Marina, and fuel. Purchases made at other MLM locations will not be eligible for Points in respect of the Program. Purchases excluded from earning Points through the Program include: dockage/slip rentals, dry stack, storage, applicable taxes (such as HST), gift cards, warranty or insurance work, subcontractor work, redeemed Points, items excluded by law, or any other items specified as exclusions from time to time at MLM’s sole discretion. MLM reserves the right, at any time without notice, to change what it constitutes as Eligible Purchases.

The Program also includes the separate option to purchase Gift Cards, or purchase funds to be loaded on the Participant’s Program card, at the Marina office.

How to Register:

In order to collect and/or redeem Points, the Program card must first be registered. Program cards for Participants will be available for pick-up at the Marina office. In order to collect and/or redeem Points, Participants must first complete the online registration process to activate the card by visiting the following website: www.bayportyc.com/rewards.

Cards must be registered online in order to review transaction history and to protect against loss, theft, or damage. To view your account balance, visit the marina, or go online: www.bayportyc.com /rewards.

Collecting Points:

Once a card has been registered, the Participant will earn Points currently at a rate of 3% on Eligible Purchases made at the Marina, in accordance with the Terms and Conditions.

The rate at which Points can be collected may vary from time to time, and is subject to change by MLM without notice, at its sole discretion.

The Program may from time to time offer extra or bonus Points at its sole discretion on selected in-store merchandise and/or services, subject to any specific restrictions that may be identified.

MLM may provide Participants with Points in non-purchase transactions for customer appreciation or promotional purposes whereby such points may, at MLM’s discretion, expire on such dates as may be indicated by MLM at its sole discretion. These promotional Points may also be subject to certain other restrictions as determined by MLM.

To collect Points, you must present your Program card at time of purchase. If a Participant does not present their card at the time of purchase, no retroactive accumulation of Points will occur. Moreover, Points will not be earned if a Participant makes a payment remotely, such as paying by credit card over the phone. Thus, the only opportunity to collect Points is at the time of an actual purchase in coordination with the Participant presenting their card at the Marina.

Points can only be collected on one Program card for each purchase transaction.

Points are calculated on the pre-tax (HST) amount of Eligible Purchases after any discounts have been applied.

Points can not be combined with any other offers, at the sole discretion of MLM and/or the Program.

You will not be eligible to collect Points on that portion of a transaction in respect of which you have redeemed Points.

MLM may add or delete Eligible Purchases from collection of Points at any time without notice.

Redeeming Points:

The Participant must have completed the online Program registration process to active his or her card, before Points can be redeemed. Points can only be redeemed for Eligible Purchases (including applicable taxes such as HST) at the Marina.

To redeem Points, you must present your registered Program card at time of purchase. At that time, the Participant’s Points balance (or equivalent dollars) will be reduced by the amount of Points redeemed. Points can be redeemed in any amount, granted the required amount of Points exists in the Participant’s account prior to a purchase/redemption taking place. For clarity, Points cannot be redeemed if a Participant makes a purchase or pays a balance remotely, such as paying by credit card over the phone. Thus, the only opportunity to redeem Points is at the time of an actual purchase in coordination with the Participant presenting their card at the Marina.

Points have no cash value and cannot be exchanged for cash (with the exception of Points purchased for Gift Card purposes).

Points can only be redeemed by the Participant who is registered in the Program account that holds the Points, or is an authorized agent of the Participant (i.e, family member).

MLM will not be held liable for any unauthorized purchases/redemptions made on the Program account.

Redemptions of Points can only take place if the Program server (operated by ACKROO Loyalty Inc.) is fully operational and the Participant has an account, which is in good standing with the Program.

Points collected on a purchase transaction cannot be redeemed on the same transaction.

Points cannot be redeemed from more than one Program card for the same transaction.
By redeeming Points, the Participant shall at that time be deemed to have automatically released MLM from any and all liabilities and/or claims regarding the redemption and the use of the Points, and any loss or damage caused by goods and services supplied as a reward for the redemption of Points.

MLM may add or delete Eligible Purchases from redemption of Points at any time without notice.

Cancellation or Termination of a Participant’s membership in the Program:

MLM, at its sole discretion, reserves the right to terminate any Participant’s Program account without notice, and expire any accumulated Points balances with no credit of any kind to the Participant, if any of the following events occur: The Participant has failed to comply with any of these terms and conditions, or MLM determines that the Participant has abused the Program or has made any misrepresentation or false statement to MLM; The Participant is deceased; The Participant is charged with a “designated offence” (as defined in the Criminal Code of Canada); MLM suspects the Participant of any fraudulent activity in connection with the Program or the use of the Program card; Failure by the Participant to keep its account with the Marina and/or the Program in good standing; The Participant is no longer an annual or summer dockage customer of the Marina; If there has been a period of inactivity of 12 consecutive calendar months or more – For the purposes of this statement, “inactivity” means that there has been neither a transaction in which you have collected Points, nor a transaction in which you have redeemed Points, during the period in question; and, any other events or circumstances as determined by MLM in its sole and absolute discretion.

MLM may cancel any Points that have not been properly issued or that we believe has been issued due to fraudulent conduct or conduct that is inconsistent with these terms and conditions or the spirit of the Program.

Any failure of a Participant to comply with any of these Terms and Conditions or any violation, fraud, or abuse of the Program, promotional offers, or any misrepresentations of fact or other improper conduct (as determined by MLM, acting reasonably) may result in disqualification from the Program, forfeiture of all Points, and possible termination of the Participant’s account without compensation, at MLM’s sole and absolute discretion.

A Participant may choose to cancel his or her membership in the Program by written notice sent to MLM or the Marina, or by calling the Marina office at (705) 527-7678.

Any Program cards remain the sole property of MLM, and if requested by MLM, must be returned to the Marina upon the cancellation of a Participant’s membership in the Program.

General:

When a Participant makes a return and/or exchange and had received Points when such item or service was purchased, such amount of Points will be deducted from the Participant’s account. The amount of Points deducted will equal the amount of Points issued for the returned item or service. An item or service that was purchased either in whole or in part by redeeming Points, may not be returned for cash, rather, the Points account will be credited with the same amount of Points that were collected on the original purchase.

The accumulation of Points does not entitle the Participant to any kind of financial stakehold as Points remain the property of MLM in perpetuity.

If a Program card has been lost, stolen, or destroyed, the Marina will issue a new card on presentation of proper identification, and the balance of the Participant’s Points will be transferred to a new Program account. MLM assumes no responsibility if Points have been used by anyone who presents a lost or stolen Program card, before MLM is notified of such loss or theft. MLM is not responsible for any delays in replacing the Program card, or for delayed, used or lost Points, prior to receipt and acknowledgment by MLM of the Participant’s notification of a lost of stolen card.

Points have no value except as applied towards Eligible Purchases, nor are they exchangeable and cannot be redeemed for cash or made subject to any security interest. Points cannot be sold or purchased and are void if sold for cash or any other consideration. Points cannot be transferred from a Participant to any other Participant or other person without the prior written consent of MLM. Points cannot be used to make payments or reduce any outstanding balance of the Marina customer account, especially if such account is delinquent or not in good standing.

MLM is not responsible for any errors or omissions of any kind in respect of the Program, including, without limitation, whether in these Terms and Conditions or as the result of any mechanical or technological failure, or as the result of any human error, whether by MLM or its employees or licenses, ACKROO Inc., its employees or by any other person, or delays in the reporting of Points earned with the Program.

The Participant is responsible for informing MLM of any change to his or her personal information (e.g. name, address, email, etc.), by visiting the Program website or advising the Marina. MLM reserves the right to terminate a Participant’s membership in the Program or to block a Participant’s ability to use their Points if MLM has inaccurate or incomplete information in respect of the Participant. Any failure to notify MLM of any such changes shall be held at the responsibility of the Participant. MLM shall not be held liable for misdirected communication such as mail, telephone, or email communications, or any other consequences, resulting from a Participant not updating their contact information.

Participants are responsible for keeping track of the Points in their account. In the event of a discrepancy between the Points issuance and/or balance on a receipt and/or those posted online and/or as contained in Ackroo’s internal database, the information appearing in Ackroo’s internal database will be taken as accurate, unless otherwise determined by MLM at its sole discretion. The information appearing online is initially generated from point of sale computer transactions as they occur at the Marina, and for this reason, the information appearing online may not accurately reflect data contained in Ackroo’s internal database.

If a Participant has an issue or feels there is a discrepancy with the value of the Points earned on a particular transaction, the Participant has 30 days from the date of the transaction on their receipt to contact the Marina and report on the matter. After 30 days from the date of a respective transaction, any respective amount of Points appearing in relation to that transaction in Ackroo’s database that has not been questioned by a Participant will be deemed not to be contested and no adjustments will be made. If discovered that Points were not properly issued or redeemed, MLM, in its sole discretion, reserves the right to make any adjustments to the Points balance to correct any discrepancies.

The Program is for personal use only. Business corporations, groups or associations are not eligible for membership in the Program. It will be at the sole discretion of MLM if an individual is permitted to enroll in the Program under a registered entity.

MLM employees, subcontractors, or other partners, are not eligible to participate in the Program.
MLM as its sole discretion reserves the right to modify or terminate the Program at any time, and without notice, by posting a revised set of these terms and conditions on the Program website, at such time the new set of Terms and Conditions shall take effect immediately. The version of the terms and conditions that is posted from time to time on the Program website will govern the Program.

Any waiver by MLM of any of these terms and conditions at any time does not mean that MLM cannot rely on these terms and conditions at any subsequent time. No delay or omission by MLM in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.

These terms and conditions, as amended by MLM from time to time, constitute the entire agreement between the Participant and MLM with respect to the Program.

The Program card is not a credit card or debit card, but merely a Program accumulation card. The Program card is the property of MLM and may be revoked at any time by MLM at its sole discretion.

MLM will not be liable or responsible for any tax consequences which may arise from any participation in the Program.

To the extent permitted by applicable law, MLM reserves the right to change or discontinue the Program at any time, and cancel all outstanding Points balances without any credit or compensation of any kind to the Participant, without advance notice.

Privacy:

Enrollment in the Program through the online registration process constitutes acceptance of these terms and conditions, and each Participant in the Program consents to the collection and use of personal information, as that term is defined under the Personal Information and Protection of Electronic Documents Act (PIPEDA). Examples include your name, gender, postal address and email address. While MLM and Ackroo are collecting such personal information for purposes of administering the Program, this information may also be used by MLM (including the Marina) for marketing purposes or to notify Participants of special promotional offers, general information, and services to Participants by email, phone, text message (standard text messaging and data rates may apply) or other communication methods, unless the Participant formally chooses to opt out of receiving such promotional material.

Please note that even if you have opted out of receiving marketing communications, MLM may still contact Participants for the purposes of administering your account and/or sending you transactional or operational messages.

Any online registration completed by a Participant without the exclusion check-off boxes checked off, will be deemed to have consented to the use of their personal information for the purposes described above. MLM assumes no responsibility or liability in the event that a Participant’s personal information is unlawfully/without authorization accessed by a third party, including situations where the Participant has not taken the necessary steps to ensure their information is secure (i.e, a lost or stolen password, dissemination of a password in a public sphere, etc.).