Online Services Terms & Conditions
Sprouts Rewards Program Terms & Conditions
ABC Plants Rewards Program (“Sprout Rewards Program” or the “Program”) is ABC Plants’ loyalty program. If you are within the applicable geographical areas, the Program may be available to you. By using the Online Services when the Program is displayed, you agree to participate in the Program as part of your use of the Online Services. These ABC Plants Rewards Terms & Conditions (Canada) (the “Rewards Terms”) apply only if you participate in the Program.
You understand and agree that you have already agreed to the Rewards Terms when you registered and logged into your account. Although the Rewards Terms are intended to supplement and not to change the Online Services Terms, in the event of a conflict between the Rewards Terms and Online Services Terms that relate to the Program itself, the Rewards Terms will control. In the event of any other conflict between the Rewards Terms and the Online Services Terms, the Online Services Terms will control. All dollar amounts referred to in these Rewards Terms are in Canadian Dollars.
Eligibility and Enrollment
You are only eligible to participate in ABC Plants Rewards if you meet the age requirements for the Online Services. To enroll in ABC Plants Rewards, you must register and activate an ABC PLANT's account.
How to earn points. Once enrolled in the Program, you will earn 5 Sprout points for every CAD $1 dollar spent on qualifying purchases. Additional actions for earning points, such as engaging on social media, may be listed in the program details and are subject to change.
Qualifying purchases. A “qualifying purchase” means making a purchase of eligible products. Qualifying purchases where an active reward or promotional offer is redeemed will accrue points, but you will only accrue points for dollars actually spent in the transaction. Further, unless otherwise stated, the following are not considered qualifying purchases and will not accrue points: (a) when redeeming points for free products; (b) taxes and fees required by law, delivery fees, services fees, and other surcharges or fees; and (c) ABC Plants gift card purchases or loading money on a ABC Plants gift card (unless tied to a promotion), but when a ABC Plants gift card is used to make a qualifying purchase you will accrue points.
Verifying your points balance. You can check your points balance in your account using the ABC Plants Points widget found on our website. Points that you earn may not always immediately post to your account. You are responsible to ensure points from your qualifying purchases are correct. If you believe points from your qualifying purchase were incorrectly calculated, you must notify ABC Plants within three (3) months of the qualifying purchase by contacting ABC Plants to provide your receipt (www.ABCPlants.com). Except where prohibited by law, ABC Plants has the sole discretion to determine points in your account and ABC Plants has no liability for any delay or failure to correctly credit points to your account.
Exchanging your points for rewards that you choose. You can exchange your points for rewards for a rewards (store credits), which you can then apply as a coupon code to reduce the total owed for your purchase. Points can be exchanged for store discounts using the points widget on our website. If you have enough points for a reward, the reward will be unlocked in the “Ways to redeem” menu on our points widget and available for a points exchange. Chronologically, the first points you collect will be the first points unlocked for use. Potential rewards for which you do not have enough points may be displayed but locked. Once you select a reward and exchange your points for it, the number of points for that reward will be deducted from your account and you will receive an email with the reward (store credit) you selected. The reward will temporarily remain in your account until you redeem it by applying it toward a purchase. Issued rewards expire after six (6) months if unused. When you redeem the reward for which you exchanged points, the points will be permanently deducted from your account. Unless otherwise stated, you cannot exchange points for more than one (1) reward at a time.
Other ways to earn and redeem. From time to time, ABC Plants may offer new and different ways for you to earn and redeem points, including bonus campaigns or points accelerators. ABC Plants has the sole discretion to offer, change and terminate the different ways to earn and redeem points, including, for example, the points associated with bonus campaigns and accelerators. Sometimes earning and redeeming points may be subject to additional terms disclosed at the time of the offer.
Rewards Menu. ABC Plants publishes eligible rewards in the Points Widget and identifies how many points are required for each reward. The Rewards Menu may have multiple reward levels and multiple rewards on each level, which can change from time to time. ABC Plants makes no promise of the continued availability of any reward, even if it is displayed to you in the Points Widget. Rewards are available until otherwise notified and may be modified, changed, and discontinued at any time. Rewards have no cash value.
Point expiration. All unredeemed points will expire on a rolling basis for customers who have not engaged in points activity for 1 year (365 days) from the date such points were earned, except where prohibited by law. Points will be maintained in your account until you exchange your points for a reward, or until they expire, whichever occurs first. If ABC Plants terminates the Program, any unused points in your account will expire and be void when the Program is terminated. Upon termination of your account for any reason (including, but not limited to, whether you choose to close your account or ABC Plants terminates your account for a violation of these Terms), all points that you have accumulated in ABC Plants Rewards will immediately expire.
Your compliance with the Reward Terms. ABC Plants has the discretion to invalidate or void points from your account, or to suspend or terminate your account (both now and in the future), if ABC Plants believes you improperly obtained points, abused the Program, or otherwise violated the Terms (including the Reward Terms). In that event, you forfeit any points you have accumulated (including properly obtained points) and you forfeit your right to earn points in the future. Except where prohibited by law, ABC Plants has the sole discretion to determine your compliance with these Terms.
No rights in points. Points are not property and you have no vested right or interest in points. Points have no cash value. Points are not assignable or transferrable between accounts or otherwise, and points cannot be combined across accounts, regardless of who registered the account.
Changes to the Rewards Program. ABC Plants' Sprouts Rewards Program can change from time to time. ABC Plants reserves the right, in its sole discretion, to cancel, change, modify or discontinue Sprouts Rewards, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, points accruing or accumulation ratio, the points redemption policy, the points expiration policy, or any other aspect of the Program at any time, with or without advance notice, even though changes may affect points and rewards already in your account.
ABC Plants may make changes to any element of the Program to correct for typographical, printing, or other errors and you waive any rights relating to same. Any changes will become effective immediately upon posting the revisions. At all times, you are solely responsible for remaining knowledgeable about and in compliance with these Reward Terms.
Miscellaneous. All rewards offered via the Program are subject to availability.
Jurisdiction and Governing Law
These Terms are governed by the laws in effect in the Canadian jurisdiction in which you reside. If you do not reside in a Canadian jurisdiction, these Terms will be governed by whichever of the following applies first:
(1) the laws in effect in the Canadian jurisdiction in which you
(i) placed an order through the Online Services, or
(ii) created your account through the Online Services, or
(iii) entered a contest through the Online Services, or if none of the above apply,
THE ONLINE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ABC PLANTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OF THE ONLINE SERVICES’ CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ABC PLANTS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE ONLINE SERVICES AND ANY MATERIALS THEREIN ARE PROVIDED "AS IS", ON AN “AS AVAILABLE BASIS”, AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WITH RESPECT TO THE ONLINE SERVICES, ABC PLANTS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE ONLINE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES, APPS OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE ONLINE SERVICES.
ABC PLANTS DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE ONLINE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABC PLANTS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST ABC PLANTS FOR DISSATISFACTION WITH THE ONLINE SERVICES OR ANY CONTENT IS TO STOP USING THE ONLINE SERVICES OR ANY SUCH CONTENT.
Limitation of Liability
ABC PLANTS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. ABC PLANTS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES, EVEN IF THERE IS NEGLIGENCE ON THE PART OF ABC PLANTS OR ITS AFFILIATES OR WHETHER AN AUTHORIZED ABC PLANTS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. YOUR SOLE REMEDY AGAINST ABC PLANTS TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL BE FOR YOU TO CEASE USING THE WEBSITE OR ANY SUCH CONTENT. ABC PLANTS’ LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS ARE RESERVED. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES ALLOW THE LIMITATION(S) OR EXCLUSION(S) OF LIABILITY.
External Links and Third-Party Services
The Points Widget may link to or allow you to use third-party websites, content, social networks, or other digital services (together, “Third-Party Services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. ABC PLANT is not responsible for, and has no control over, the content of downloadable materials or external sites and does not endorse and is not associated with any of these Third-Party Services. You understand and agree that ABC PLANTS cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Widget, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.
Social Networking Service Login
We may permit you to login to the Online Services using an account from a Third-Party Service such as Apple ID, Google+, or other social networking platforms in place of creating a new account specifically for the Online Services. ABC Plants has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, from those third parties.
User Submissions and Unsolicited Ideas
User submissions: Some Online Services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints, or other information posted or communicated to ABC Plants through the Online Services or otherwise (together, “Submissions”). You understand that by submitting any information to ABC Plants through the Online Services, you grant ABC PLANT a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the Submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. ABC Plants will not be required to treat any Submissions as confidential.
ABC PLANTS may terminate, at its sole discretion, these Terms at any time for any reason without notice to you by decommissioning the Online Services. You may terminate these Terms at any time for any reason without notice to ABC Plants by closing your account and ceasing to use our website.
Events Beyond Our Control
ABC PLANTS DOES NOT HAVE ANY RESPONSIBILITY FOR ABC PLANTS’ FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS CAUSED BY OR RELATED TO ANY EVENT BEYOND ABC PLANTS’ REASONABLE CONTROL. If such an event occurs, then ABC Plants’ obligations under these Terms will be suspended for the duration of the event and ABC Plants may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these Terms may be performed despite the event.
These Terms including any supplements and updates is the entire agreement between the parties relating to the use of the Online Services.
ABC Plants may revise these Terms at any time and at its sole discretion by changing these Terms within the Online Services. It is your responsibility to check these Terms periodically for changes. Continuing to access or use the Online Services following such changes to the Terms will constitute acceptance of such changes.
Trademark and Copyright Information
ABC Plants’ intellectual property ownership: Any and all rights in the Online Services are and shall remain the exclusive property of ABC Plants or its licensors. For purposes of clarity, “Online Services” includes the website and any and all content on the website and on the Online Services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the Online Services. The Online Services are licensed, not sold, to you. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with ABC Plants’ or its licensors’ rights.
Your license to use the Online Services: Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Online Services solely for your own personal, non-commercial purposes and solely in accordance with these Terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. ABC Plants reserves all other rights.
Each of the terms and conditions in these Terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If ABC Plants fails to insist that you perform any of your obligations under these Terms, or if ABC Plants does not enforce its rights against you, or delays in doing so, that will not mean that ABC Plants has waived its rights against you and will not mean that you do not have to comply with those obligations.
ABC Plants may transfer its rights and obligations under these Terms to another organization or entity, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if ABC Plants agrees in writing.
If you have any questions or comments regarding the Online Services, please contact ABC Plants Customer Service by email at email@example.com