Terms and Conditions

 

In addition to all other terms and conditions set forth on https://www.dan-on.com/ca-en/danpoints-conditions, each member (each, a “DanOn Member”) of the DanOn Loyalty Reward Program (the “Program”) acknowledges and agrees to comply with the following terms and conditions:

  1. The Program is open to all legal residents of Canada, who have purchased specifically labelled products on or after June 25, 2015.

  2. DanOn Member must have reached the legal age of majority in his/her province or territory of residence at the moment of becoming a DanOn member.

  3. DanOn membership is limited to natural persons and no corporation, trust, partnership or other entity may hold membership in the Program.

  4. DanOn Member must enroll individually, only once, and in his/her full legal name. DanOn membership is solely for the benefit of the individual, therefore it will be maintained in the name of such individual. Proper legal documentation will be required from any DanOn Member requesting a name change.

  5. Employees, agents, representatives, officers and directors of Danone Inc. (“Danone”), its subsidiaries or affiliated companies, or of any other party directly involved or associated with the Program, as well as members of their immediate families are not eligible to the Program.

  6. DanOn Member shall be responsible for advising Danone of any change of mailing or email address. Danone shall not be liable for misdirected communications such as mail or email, or any consequences thereof.

  7. DanOn Member assumes all risk of loss, damage, destruction, delay or misdirection of materials, mail or email submitted to Danone and is advised to keep copies of all documentation submitted to Danone. Materials submitted become the property of Danone and will not be returned to the DanOn Member.

  8. DanOn Member agrees to abide by these terms & conditions and to honor decisions of Danone, which are final and legally binding in all respects.

  9. DanPoints have no monetary value whatsoever and cannot under any circumstances form the basis of a monetary claim against Danone.

  10. DanPoints in an account belong to the account holder, and not to the person who paid for the specifically labelled products.

  11. DanPoints or rewards or any other benefits are personal and cannot be assigned, sold, traded or otherwise transferred (including, without limitation, on online auction sites) and any assignment, sale, trade or transfer in violation of these rules will be void and may, at the discretion of Danone, result in the loss of membership or the cancellation of the affected reward, benefit or DanPoints, as the case may be.

  12. The number of DanPoints recorded in your account and the number of DanPoints required to obtain any particular reward are subject to verification by our customer service. Once merchandise has been shipped, no changes or refunds whatsoever are permitted. All rewards are offered subject to availability and restrictions imposed by suppliers.

  13. Neither Danone, its affiliates nor any of its or their respective officers, directors or representatives have any liability to any DanOn Member for any expense, loss, cost, injury, death, damage, delay, accident or any other matter or thing whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to, without limitation, (i) the Program or your participation in the Program, (ii) any failure, delay or decision by Danone in administering the Program, terminating or amending the Program or these terms and conditions, in whole or in part, with or without notice, (iii) any offer, representation, statement or claim about the Program, any supplier or its products or services, whether made by Danone, any supplier or any other person, (iv) correspondence lost or delayed in the mail, by email or otherwise, (v) any technological, typographical or printing errors, or (vi) rewards supplied or requested in connection with the Program.

  14. DanOn membership is a privilege which can be revoked by Danone at its discretion at any time and without compensation including without limitation, as a result of abuse by the DanOn Member of any of the terms and conditions of the Program or any other actions deemed by Danone, acting in its sole discretion, to be deleterious to Danone, the Program or the interests of its affiliates or business partners.

  15. Danone specifically reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate, suspend, amend or alter the Program, any reward, advantage or other benefit relating thereto, or the present terms and conditions, in whole or in part. DanOn Member acknowledges and agrees that any such changes may affect DanPoints already accumulated as well as any future accumulation of DanPoints.

  16. Danone reserves the right to verify requests suspected of being invalid and to decline submissions that are inconsistent with terms and conditions of the Program. The use of a fictitious name or multiple addresses to obtain additional DanPoints will invalidate claim requests. Danone shall not acknowledge non-conforming or duplicate requests.

  17. DanOn Member may not rely upon the continued availability of any reward, advantage or other benefit.

  18. DanOn Member shall be responsible for any taxes, levies or other charges imposed by or with the authority of any governmental authority in respect to any reward, advantage or other benefit.

  19. DanOn Member is responsible for keeping up to date on Program regulations and the amount of DanPoints in his/her account by consulting https://www.dan-on.com/ca-en/ or by contacting Danone’s customer service hotline at 1-800-DANONE-8 (1-800-326-6638).

  20. Upon notification to the relevant DanOn Member, Danone reserves the right to terminate his/her account, including all DanPoints collected up to such date, if such DanOn Member has not accumulated or used DanPoints for a period of at least twenty-four (24) consecutive months. DanPoints may expire without further notice.

  21. Your account information may only be given to you or a person designated by you in writing or pursuant to a court order or request from a government agency holding legislative power to compel such disclosure.

  22. DanOn membership terminates automatically upon death or personal bankruptcy of the DanOn Member.

  23. Danone may, without prejudice to any other right or recourse, terminate your DanOn membership and/or cancel your DanPoints and rewards if you (i) commit fraud, (ii) misrepresent any information, (iii) violate any terms and conditions applicable to the Program, (iv) abuse your Program privileges or act in any other way detrimental to the Program, Danone, its affiliates or any of their respective suppliers.

  24. Danone reserves the right to interpret the terms and conditions of the Program at its sole discretion.

  25. The Program shall be governed by the laws of the province of Québec and the federal laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the province of Québec and/or the Federal Court of Canada in the province of Québec, or any other judicial district or jurisdiction as Danone may determine in any and all actions, disputes, or controversies relating hereto. Any disputes regarding the Program or in any way arising out of the DanOn membership, including DanPoints accumulated or rewards claimed or received shall be submitted to the courts of the province of Québec whose courts shall have exclusive jurisdiction to hear such disputes.

  26. No waiver by either Danone or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

  27. These terms and conditions constitute the entire agreement between you and Danone regarding your participation in the Program, your entitlement to collect and use DanPoints and your entitlement to any other benefits of the Program, and supercede all previous agreements.

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