Terms & conditions
Terms & conditions
Join the rewards program
Benefits of membership
Effective in January 2020, the Rewards program for TOOLBX is TOOLBX Rewards™ (hereinafter, the “Rewards program”).
The Rewards program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules”).
The Program Rules hereby The Program Rules govern the Company’s relationship with members of the Rewards program (collectively, “Rewards program Members,” and individually, a “Rewards program Member,” “Member,” or “you”), including how Members manage their accounts, redeem rewards, earn points, and achieve various status levels while using and transacting on the TOOLBX platform.
TOOLBX may enable the Rewards program on a customer-by-customer basis. By opening a TOOLBX account (“Account” or “Membership Account”), you may receive and redeem benefits of the Rewards program, including, without limitation, Rewards program Points, you agree that:
All Rewards program benefits, offers, awards and services are subject to availability and may be changed by the Company at any time without notice. The Company may terminate the Rewards program, in whole or in part, with three (3) months' advance notice to all active Rewards Members and with less than three months' notice in any jurisdiction if required to do so by applicable law. At the Company’s sole discretion, the Company may choose to substitute a similar Rewards program for the Rewards program at any time immediately upon notice to active Rewards Members. If the Rewards program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Redemption Award claims or promotional Award claims will be honoured after the conclusion of the notice period.
These Program Rules supersede all previous terms and conditions applicable to the Legacy Programs or Rewards program. Except as otherwise expressly prohibited or limited by applicable laws, Company may at any time amend, modify or supplement these Program Rules, the structure for earning awards (“Awards,” and individually, an "Award") and Award levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Awards (collectively “Program Rules Changes”). Rewards Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Rewards program will constitute your acceptance of any such Program Rule Changes.
Membership in the Rewards program is free and available to any individual who: (a) possesses the legal authority to agree to the Program Rules; (b) resides in a jurisdiction which legally permits participation in the Rewards program; (c) is not a resident of Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine; (d) provides valid and accurate personal information when enrolling in the Rewards program; (e) is not already a member of the Rewards program (i.e., does not already have a Membership Account); and (f) has not previously been terminated from the Rewards program.
1.2.a. Rewards: Rewards program Members will have access to rewards that can be redeemed for points. Rewards may include TOOLBX swag, gift, cards, tools, and TOOLBX Dollars. The rewards may be changed at the sole discretion of TOOLBX at any time.
1.3.a. Enabling Your Account: An individual may sign up for the TOOLBX platform to enroll in the Rewards program by fully and accurately completing the registration through the TOOLBX mobile or web app. The Company may deny membership in the Rewards program to any applicant in its sole discretion and without written notice.
1.3.b. Individual Membership: Only individuals are eligible for Rewards program membership, and each individual may maintain only one Membership Account. All Loyalty Member Accounts are individual Accounts and no joint Accounts are permitted. Rewards program benefits are non-transferable unless expressly stated otherwise.
1.3.c. Duplicate Accounts: An individual may join the Rewards program. However, a Member may not have one or more duplicate Accounts under the Rewards program at any time.
1.3.d. Use of Information Collected in Application: The information a Member provides to the Company is processed in accordance with the Company’s Privacy Statement. Communication of relevant information is important to administering the Rewards program and providing each Member with the opportunity to maximize the benefits of Membership. The Rewards program will only disclose Member information to: the Company, person(s) authorized by the Member; franchisees, fulfillment houses, email service providers and mail houses that process mail for such entities; Authorized Licensees (as defined in the Company’s Privacy Statement); and marketing companies that provide services to the Company. Member information will, in each case, only be disclosed for one or more of the following purposes: 1) in order to better service the Membership Account and the Member’s preferences by keeping the Member informed of Account status and activities through printed or electronic statements; 2) to assess a Member’s entitlement to benefits; 3) to collect and process Member charges incurred at the Company’s facilities; 4) to offer a Member additional products and services; 5) to send periodic satisfaction or market research surveys; and/or 6) to offer a Member products or services from select reputable companies with whom the Rewards program has a strategic relationship because the Rewards program believes their offerings will be of interest to the Member. In choosing to become a Rewards program Member, the Member consents to receive all the types of information described above, but the Member will be given the opportunity to define and modify mailing and other communication preferences.
1.4.a. New Members will receive Rewards program communications through the TOOLBX mobile or web app, via email, by a phone call, or in person.
1.4.b. All Rewards program communications will be sent to a Member’s email address or phone number currently provided in the Member’s Account. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending it if delivered to the Member’s email address. Members must keep their email and mailing addresses current. Neither the Company nor the Rewards program shall have any responsibility for misdirected or lost mail or any consequences thereof.
1.4.c. The Company may also send Members promotions, offers and other communications from time to time, which may include, without limitation, items from third parties. The items from third parties are based on the information provided to the Company by a Member and any additional data the Company may maintain. Members may change personal details and communications preferences at any time in the apps or by contacting Member Support; however, the Company may require a Member to send supporting documentation prior to allowing certain changes (e.g., legal name changes).
1.4.e. Any time a Member contacts Member Support, the Company may ask the Member certain security questions to verify the Member’s identity. Member Support may monitor or record telephone calls to improve the quality of service.
Members may earn Points (the currency of the Rewards program) for eligible charges through the TOOLBX mobile and web app in accordance with to Section 2.
1.6.a. Cancelling or Suspending Membership Accounts:
1.6.b. Effect of Membership Cancellation:
1.6.c. Modification of Program: Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Rewards program Rules, Awards and Award levels at any time, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Awards. The Company and Partner Programs may, among other things: (i) increase or decrease the number of Points received for an order or required for an Award; (ii) withdraw, limit, modify or cancel any Award; (iii) change program benefits, travel partners, locations served by the Company or its travel partners, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Awards. In accumulating Points, Members may not rely upon the continued availability of any Award or Award level and category.
1.6.d. Termination of Program: The Company may terminate the Rewards program with three (3) months' advance notice to all active Rewards Members. At the Company’s sole discretion, the Company may choose to substitute a similar Rewards program for the Rewards program at any time immediately upon notice to active Rewards Members. A Member may not accumulate Points or claim Redemption Awards, promotional Awards or Rewards program benefits or amenities after the termination of the Rewards program. If the Rewards program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Redemption Award claims or promotional Award claims will be honoured after the conclusion of the notice period. The Company may terminate any of the Rewards program in whole or in part, in any jurisdiction on less than three months' notice if required to do so by applicable law.
1.6.e. Benefits Subject to Availability and Modification: All Rewards program benefits, amenities, offers, awards and services are subject to availability and may be changed at any time without notice.
1.6.f. Eligibility to Receive Benefits: By accepting any Rewards program benefits, amenities, offers, awards or services, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive Rewards program benefits, amenities, offers, awards or services under applicable laws, gift policies and incentive policies. Each Member must immediately notify the Company if he/she is not eligible to receive any Rewards program benefits, amenities, offers, awards or services at any time.
1.6.g. Eligibility Notification: A Member must promptly notify the Company in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies.
1.6.h. No Sale or Transfer: Points, Redemption Awards, promotional Awards and other Member benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company and its partners may refuse to honor or recognize any Points, Redemption Awards, promotional Awards or Member benefits which the Company believes may have been transferred, sold or bartered.
2.1.a a member will earn:
2.1.b Order Charges: "Orders" are:
A Member may not purchase or receive Points purchased by another Member.
A Member may redeem Points to obtain certain awards and benefits (each an “Award” or “Award Redemption”). A full listing of current Award Redemption options is available on the mobile and web app.
A Member may redeem his/her Points toward charitable donations. Once Points are donated, the exchange cannot be reversed or undone. Such donation of Points is not considered a charitable donation by the United States Internal Revenue Service (“IRS”), and therefore is not deductible under United States tax rules and regulations. A Member may select the charity of his/her choice by visiting the rewards store in the app.
3.3.a. Gift Cards: A Member may redeem his/her Points for Gift Cards (“Gift Cards”) as defined by The Company. Gift cards may be issued by the Company or a third-party provider and will be clearly designated as such. Gift Cards issued by a third-party provider are subject to additional terms and conditions imposed by the issuer/participating merchant, which will be provided with the Gift Card. Acceptance of the Gift Cards is the sole responsibility of participating merchants. No photocopies of Gift Cards will be honoured. Gift Cards have no cash value and may not be redeemed for cash or its equivalent. Any unused portion will not be returned as cash unless a Gift Card states otherwise, or is required by law. Gift Cards are transferable unless otherwise noted on the Gift Cards. Gift Cards are void where prohibited by law. Unless otherwise stated on the Gift Card, Gift Cards purchased with Points do not include any federal, state or local taxes, which are the Member’s sole responsibility at time of redemption. The Rewards program, the Company, third-party providers and any other participating merchants are not responsible for replacing lost, stolen or mutilated Gift Cards. Some Gift Cards require an additional charge for shipping and handling. If applicable, Gift Cards do not include gratuities. Gift Cards will usually arrive within five to 30 (5-30) business days.
The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for compliance with Program Rules. The Company may review all Members’ Points balances and transaction history including, without limitation, requests for Rewards program Awards, promotional Awards and other benefits.
A Member may request credits for Points that are not reflected in a Member’s Account through the TOOLBX support. A Member may request credits for Points. Such a request must be received within one (1) year of the applicable order or transaction to receive any credit.
A new Member is eligible to receive Points for Qualifying Orders that are incurred and paid for (dependent on rules of the program).
At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the amount of Points or the number of Qualifying Nights credited to a Member’s Account, and (ii) any other benefit that has been credited to a Member’s Account.
Points, Redemption Awards, promotional Awards and other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned Points. The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of Points, Redemption Awards, promotional Awards and other Member benefits.
The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Rewards program or by Participating Properties.
The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Redemption Awards or Member benefits; (b) theft or unauthorized redemption of Points or Redemption Awards or use of a Redemption Award; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Rewards program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Properties, and Rewards program affiliates, and errors in the crediting or debiting of Points from Member Accounts. The Company reserves the right to correct, without notice, any errors.
All interpretations of these Rewards program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final. In the event of any discrepancy between the English version and any translated version of these Program Rules, the English language version will govern.
The Company and Participating Properties are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of TOOLBX Inc., and its affiliates. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
The Company’s waiver of any breach of these Rewards program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Rewards program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.
IN NO EVENT WILL TOOLBX, INC., ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE REWARDS PROGRAM, THESE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE REWARDS PROGRAM.
Any disputes arising out of or related to the Rewards program or these Program Rules will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Rewards program or the Program Rules may be filed only in the provincial or federal courts located in the Province of Ontario, Canada.
Membership in the Rewards program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Membership in the Rewards program, Member benefits, Redemption Awards and promotional Awards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in Canada or Member’s jurisdiction of residence. If any part of these Rewards program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction and the remaining provisions will remain in force, subject to Sections 1.7.c. and 1.7.d.
The Rewards program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Rewards program website.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the TOOLBX App or Service, please contact us at: firstname.lastname@example.org.
Last updated: February 4th, 2020