Welcome to https://hmaloyalty.ca (together with any related websites, the “Site”). The Site is owned and operated by HMA Loyalty (“HMA Loyalty”), operated by 9507-1494 Quebec Inc. Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).

You represent to HMA Loyalty that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and HMA Loyalty are collectively referred to as the “Parties” and each is a “Party”.

1. Subscription Agreement

These Terms do not govern the use of the digital customer loyalty program service as well as other services (the “Service”) operated by HMA Loyalty. If you are accessing or using the Service, then you are subject to HMA Loyalty’s Subscription Agreement (currently available at https://hmaloyalty.ca/subscription-agreement), or such other written contract as may be separately agreed and signed between you and HMA Loyalty.

2. HMA Loyalty Content

The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of HMA Loyalty or its licensors (“HMA Loyalty Content”). The Site (including the HMA Loyalty Content) is protected by copyright, trademark, trade secret and other laws; and as between you and HMA Loyalty, HMA Loyalty owns and retains all rights in the Site and the HMA Loyalty Content. HMA Loyalty hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the HMA Loyalty Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by HMA Loyalty in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any HMA Loyalty Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the HMA Loyalty Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the HMA Loyalty Content.

3. Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of HMA Loyalty or other third parties. You are not permitted to use these Marks without the prior written consent of HMA Loyalty or such third party.

4. Third-Party Services

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with HMA Loyalty, and you do so at your own risk. HMA Loyalty is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. HMA Loyalty is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

5. Privacy

Please review HMA Loyalty’s Privacy Policy for the Site (“Privacy Policy”), available at https://hmaloyalty.ca/privacy-policy, to learn about HMA Loyalty’s information collection, usage and disclosures practices with respect to information collected by HMA Loyalty through the Site.

6. Acceptable Use

Your use of the Site is subject to HMA Loyalty’s Acceptable Use Policy available at https://hmaloyalty.ca/acceptable-use-policy. HMA Loyalty is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to HMA Loyalty at [email protected].

7. Compliance with Laws

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the U.S. Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010, and the Canadian Corruption of Foreign Public Officials Act.

8. Global Availability

HMA Loyalty controls the Site from Quebec, Canada offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. HMA Loyalty makes no representation that the products and services referenced herein are appropriate, or available, worldwide.

9. Indemnity

You agree to defend, indemnify and hold harmless HMA Loyalty, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any HMA Loyalty policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

10. Disclaimers

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY HMA LOYALTY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HMA LOYALTY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER HMA LOYALTY’S CONTROL.

Furthermore, while we provide tools to help manage and grow your customer engagement, retention, and sales, HMA Loyalty does not guarantee any specific results, including but not limited to increased revenue, customer retention, or engagement as a result of using the platform.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL HMA LOYALTY, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL HMA LOYALTY’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED ONE HUNDRED CANADIAN DOLLARS.

12. Responsibility for End Users

You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms.

13. Termination and Monitoring

13.1. If you violate these Terms, HMA Loyalty may suspend or terminate your use of the Site.

13.2. HMA Loyalty reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site.

13.3. You have the right to terminate your account and discontinue your use of the Site at any time. You may do so by contacting us at [email protected]. Please note that some information may be retained in accordance with our Privacy Policy and applicable laws.

14. Electronic Communications

When you visit the Site or send emails to HMA Loyalty, you are communicating with HMA Loyalty electronically. You consent to receive communications from HMA Loyalty electronically.

15. Modifications

HMA Loyalty may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

16. Governing Law

These Terms will be interpreted and enforced in accordance with the laws of the Province of Quebec, Canada. You agree to submit to the jurisdiction of courts located in Quebec.

17. Miscellaneous

These Terms constitute the complete and exclusive statement of the agreement between the Parties. Any waiver or invalid provision shall not affect the rest of the agreement.

18. Contact

Please contact HMA Loyalty at [email protected] with any questions regarding these Terms.