Terms of Use
Prollenium® Rewards App
Prollenium® Medical Technologies Inc. (“Prollenium”, “we”, or “us”) is the provider of the Prollenium® Rewards App (the “App”). The Prollenium® Rewards App is an Android/iOS app that can keep you informed about Prollenium® products, and can connect you to your local clinic to send you the latest offers and loyalty rewards on Prollenium® products and clinic services. With the Prollenium® Rewards App, every time you purchase a qualifying treatment with a participating provider you can earn credit towards a reward at your clinic.
These terms of use (the “Terms”) govern your relationship with Prollenium®, your use of the App, and any Offers and Rewards you may receive through the App. By using the App, you agree to these Terms in their entirety. If you do not wish to be bound by these Terms, or if you are unable to agree for any reason, you cannot use the App.
We may update these Terms from time to time by posting an amended version of the Terms on our website at https://prollenium.com/terms-of-use/. Any amendments will be effective from the date on which they are posted. Your continued use of the App constitutes agreement to the amended Terms.
If at any time you decide that you no longer wish to be bound by these Terms, you must terminate your account by sending a message requesting termination of your account to Prollenium® through the App or at [email protected]. Upon termination of your Account for any reason, any offers or rewards to which you may have been entitled will be permanently lost.
If you wish to temporarily uninstall the App from your mobile device, you may do so at any time without terminating your account. Uninstalling the App will not affect your entitlement to any earned Offers or Rewards. However, you must reinstall the App (and provide your account login information) in order to earn or redeem Offers or Rewards.
Please also review the Prollenium® Rewards App Privacy and Communications Policy, which is hereby incorporated into these Terms by reference. https://prollenium.com/privacy-policy/
Dedinitions
“Account” a user account created within the App.
“App Content” any and all text, image, computer code, script, information, Offer, Reward, or other data which is intended to be delivered to users by means of the App.
“App Notification” any message, notification, or alert that the App may cause to be displayed on a user’s Device.
“App” the Prollenium Rewards App.
“Clinic” the medical clinic that you select as your designated local clinic when you register your account, as further defined in the
“Your Designated Clinic” section below.
“Device” any smartphone, tablet or other device used to access the App.
“Offer” any offer or proposal made available to you through the App to provide you with some kind of reward, for example, an Offer may make a product or service available to you free of charge or at a discounted price; discount the price of a future purchase of products or services; or (3) provide you with free or discounted products. There may be terms and conditions attached to Offers.
“Password” the password used to access your Account.
“Prollenium® Reward” a Reward made available to you by Prollenium® as part of any Prollenium® Offer.
“Prollenium® Offer” any Offer made available to you by Prollenium®.
“Clinic Reward” a Reward made available to you by your Clinic as part of any Clinic Offer.
“Clinic Offer” any Offer made available to you by your Clinic.
“Prollenium” Prollenium® Medical Technologies Inc.
“Reward” any free or discounted product or service, or any other enticement that you may earn, redeem or become eligible to claim if you meet the terms of an Offer.
“Trademarks” has the meaning set out in the “INTELLECTUAL PROPERTY” section below.
Your Use of the App
- The App is provided to you for your personal use at no charge.
- You must be 18 years of age or older to use the App
- You may not use the App for any commercial purpose.
- You may not register or use more than one account. If you terminate your account, and wish to create another account in the future, you must use the same email address that you used in connection with your previous account. Note that you may have to contact Prollenium® at [email protected] to enable you to reactivate a terminated account.
- Your Account is for your use only. You may not share your Account with any other person.
- You must choose a secure Password, and keep it secret. You are responsible for maintaining the confidentiality and security of your Password and Account.
- You agree to use the App only in accordance with these Terms, and not for any purpose prohibited by any applicable law.
- You agree to receive Offers and Notifications from Prollenium® and your Clinic through the App.
- You agree that we may communicate with you via the email address you provide to us from time to time as may be required in order to verify your account information or to provide App services to you.
- You agree to use the App in good faith and to abide by the terms of any Offer. You agree not to attempt to redeem any Offer or claim any Reward to which you are not entitled.
- You may not attempt to access the App Content using any means other than the interface that we provide. You may not, for example, access the App Content using any automated means such as a script, robot, scraper, or web crawler. You may not attempt to disrupt, interfere with, or attempt to gain unauthorized access the App or the computer networks and servers associated with the App.
- When creating your Account, you will be asked to provide some information about yourself, including your name, your date of birth, your gender, your postal code, and your email address. You must provide complete and accurate account information. If the information you provide is not accurate, you may not be able to use the App, and/or your clinic may not honor Offers and Rewards you may receive through the App.
YOU WILL BE RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE APP BY ANYONE USING THE PASSWORD AND ID ASSOCIATED TO YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR SERVICES IS OR WAS ACTUALLY AUTHORIZED BY YOU.
NOTIFY PROLLENIUM IMMEDIATELY IF YOU BECOME AWARE OF OR SUSPECT ANY UNAUTHORIZED USE OF YOUR ACCOUNT, DISCLOSURE OF YOUR ACCOUNT PASSWORD, OR ANY OTHER BREACH OF SECURITY INVOLVING YOUR ACCOUNT.
Your Designated Clinic
When you create your account, you will be asked to select a clinic from among a list of participating clinics near you, based on the postal code you provide when registering your account. The clinic you select will be associated with your account, and all Rewards and Offers you earn or receive will be redeemable only at your selected Clinic.
If you wish to change your designated Clinic in the future (for example, if you move away from your previous clinic), you may do so by sending a request to Prollenium® at [email protected], including your reasons for wishing to make the change. Note that when you change your designated Clinic, you may lose access to some or all of the Offers and Rewards that you may have earned or received at your previous Clinic.
Notifications
When the App is installed on your mobile device, you may receive notifications from time to time either from Prollenium® (“Prollenium® Notifications”) or from your Clinic (“Clinic Notifications”). Clinic Notifications will be accompanied by text indicating that the offer is a Clinic Notification. Only Prollenium® Notifications have been reviewed and authorized by Prollenium®.
Offers
You may receive Offers through the App from time to time.
Some Offers will be made available to you by Prollenium® (“Prollenium®Offers”). Other Offers be made available to you by your Clinic (“Clinic Offers”). Clinic Offers will be accompanied by text indicating that the offer is a Clinic Offer.
Both Prollenium® Offers and Clinic Offers must be redeemed at your Clinic. You must bring a copy of the App installed on a mobile device in order to claim any reward or offer.
Only Prollenium® Offers have been reviewed and authorized by Prollenium. In the event that you have any difficulty redeeming a Prollenium® Offer at your Clinic, please contact Prollenium® by email at [email protected]. If you meet the terms of the Prollenium® Offer, we will attempt to assist you in claiming your Reward.
No Liability for Clinic Offers and Notifications
Clinic Offers, Clinic Rewards, and Clinic Notifications are made available to you by your Clinic, without any review, participation, guarantee or endorsement by Prollenium®. Prollenium® has no control over and assumes no responsibility for Clinic Offers, Clinic Rewards, or Clinic Notifications. Your Clinic bears sole responsibility for Clinic Offers, Clinic Rewards, and Clinic Notifications. UNDER NO CIRCUMSTANCES SHALL PROLLENIUM HAVE ANY LIABILITY WHATSOEVER TO YOU OR TO ANY OTHER PARTY IN RELATION TO CLINIC OFFERS, CLINIC REWARDS OR CLINIC NOTIFICATIONS, INCLUDING IN RELATION TO ANY HARM RESULTING FROM YOUR RELIANCE UPON OR INABILITY TO CLAIM ANY CLINIC OFFER OR CLINIC REWARD, OR FOR ANY INACCURATE, FALSE, OR MISLEADING OFFER, INFORMATION, OR STATEMENT PROVIDED TO YOU BY A CLINIC, EVEN IF PROLLENIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH HARM.
If you feel that any Clinic Offer, Clinic Reward, or Clinic Notification you may receive through the app is inappropriate or misleading, or if your clinic refuses to honor a Clinic Offer to which you feel you are entitled, please contact Prollenium® at [email protected] to register a complaint. If your complaint is determined to be well-founded, Prollenium may (but is under no obligation to) intervene with your Clinic to attempt to resolve the issue.
Referral Program
Prollenium® may offer a referral program to you through the App, whereby you can earn Rewards by referring your friends to the App. You will not be eligible to receive a referral reward if the friend you refer is currently or has ever been registered as a user of the App. In order to receive a referral reward, the person you refer must install the App, register an account, and there may be additional requirements. For example, they may have to make a certain number of purchases in order to qualify you for a reward.
For privacy reasons, we cannot provide you with any information about the activity of users that you refer to the App. If any user that you refer meets the required criteria, you will simply be notified that you have qualified for a referral reward. You will not be able to receive any other information about your referrals.
You must provide your friend’s email address in order to refer them. By providing an email address to the referral program:
- You consent to us sending an invitation email to your friend on your behalf;
- You consent to having us use your name and email address in the “from” field of the email we send to your friend; and
- You certify to us that you actually know the person whose email address you have provided, and that you believe that person will be interested in the Prollenium App.
Terms and Conditions of Offers and Rewards
Offers and Rewards must be redeemed at your Clinic for an appointment or treatment to which you would like to apply an Offer or Reward, or which you would like recorded in the App in order to earn or establish eligibility for any Offer or Reward. Offers cannot be redeemed after the transaction has taken place, and transactions must be recorded.
Prollenium must record certain information about that Clinic transaction. Whenever Clinic transaction information is required, the App will ask for your explicit consent to allow your Clinic to disclose the relevant information to Prollenium. Since you will be at your Clinic any time such information is required, you will have the opportunity to discuss the exact nature and content of the required information, and the consequences of disclosure with a representative of your Clinic. You may decline to provide consent if you wish. However, if you do not provide consent, you may not apply any Offer or Reward to that transaction, and that transaction cannot be recorded to earn or establish eligibility for any Offer or Reward. Consent, once provided, is irrevocable.
Offers and Rewards must be redeemed at your Clinic for an appointment or treatment to which you would like to apply an Offer or Reward, or which you would like recorded in the App in order to earn or establish eligibility for any Offer or Reward. Offers cannot be redeemed after the transaction has taken place, and transactions must be recorded.
- Offers and Rewards (including those which specify a dollar amount that can be deducted from a future purchase of a product or service) have no cash value. Under no circumstances shall Prollenium or your Clinic have any liability whatsoever to you in relation to any Offer or Reward.
Offers and Rewards are for your personal use only and may not be shared with or distributed to others. - Offers may only be redeemed through the App.
- Purchases made by multiple people cannot be grouped together for the purpose of earning Rewards. Only purchases made by you for your own treatments may be used to earn Rewards.
- Offers and Rewards, including those which you have earned but have not yet redeemed, may be cancelled or rescinded by Prollenium or your Clinic at any time without compensation or notice to you.
- In the event that an Offer or Reward contains an error, Prollenium or your Clinic may revoke the Offer or alter the Offer or Reward or any related term so as to correct the error at any time (including at the time you attempt to redeem an Offer). To the maximum extent permissible by law, neither Prollenium nor your Clinic shall have any obligation to honor an Offer or Reward that contains an error.
- Offers and Rewards expire at midnight on their expiry date. If an Offer or Reward does not specify an expiry date, it shall expire one month after it was issued. Expiry dates may be extended at the discretion of the Clinic (in the case of Clinic Offers) or Prollenium (in the case of Prollenium Offers)
- “Rain checks” are not available for any Offers or Rewards, even if an Offer or Reward cannot be honored before its expiry date for any reason (eg: product is unavailable, appointment cannot be scheduled in time, etc.)
- Offers and Rewards can only be redeemed by users with complete and accurate Account Information. If you provide inaccurate or incomplete information, your clinic may not be able to honor your Offers and Rewards.
- Offers and Rewards can only be redeemed by users with active Accounts. Upon termination of your Account for any reason, all Offers and Rewards associated with your account shall immediately expire.
- You may uninstall and reinstall the App on your mobile device at any time you like without affecting your entitlement to Offers or Rewards you have earned or received. However, in order to earn, claim, or redeem any Offer or Reward, you must bring a mobile device on which the App is installed and associated with your Account with you to your Clinic.
User Submitted Content
The App may provide opportunities for you and other users to submit “User Content”, which may include text, images, photographs, comments, or ratings/reviews of products, services or Clinics.
If you submit any User Content, you acknowledge that Prollenium® may, at its sole discretion and for any reason, publish or decline to publish your User Content via the App. In the event that your User Content is published to other end users of the App, other users viewing your User Content will not be shown your personal information or your private account information. You agree that your User Content may be published to other users anonymously. The App may (but has no obligation to) offer you the opportunity to choose an alias or nickname that may be associated with your User Content.
In the event that you submit User Content in the form of a review of a Clinic, you agree that your contact information may be provided to the clinic being reviewed, and that the Clinic may contact you to thank you for the review, or to attempt to resolve any issues or complaints raised in your review. Clinic reviews may or may not be published within the App at Prollenium®’s sole discretion and for any reason. Clinic reviews which specify a rating of less than four stars will be withheld from publication for at least the time required to allow the Clinic to contact the reviewer in order to make an attempt to resolve any issues raised in the review.
You agree to use your best efforts to be honest, accurate, fair, and to act in good faith when submitting User Content of any kind, including when you submit any review of any Clinic, product, treatment or service.
When and if you submit any User Content of any kind, you grant to Prollenium® a perpetual, irrevocable, transferable, sub-licensable, non-exclusive, royalty-free license to collect, store, copy, sell, broadcast, make available, publish, display, transmit, share, distribute, modify, translate and use any User Content for any purpose related to (1) providing, evaluating or improving current or future App functionality; (2) analyzing or evaluating use of the App; (3) conducting market or business research; (4) retaining records related to the App; or (5) for any reason related in any way to the furtherance of this Agreement or to the provision of App Content, Offers, Notifications, Rewards, or other services to you or to other users of the App. You represent and warrant to Prollenium that you have the right and ability to effectively grant this license to Prollenium and that your User Content does not infringe on the intellectual property rights of any third party.
You understand that you may be liable for claims or damages in relation to any User Content you submit which is false, misleading, illegal, defamatory or which infringes on the intellectual property rights of a third party.
Termination of Your Account
If you wish, you may terminate your Account at any time by contacting Prollenium® and requesting that your account be terminated.
We may terminate your Account at any time without notice or compensation of any kind to you in the event that we, at our sole discretion, determine or have a reasonable suspicion that you have breached any of these Terms or that you are likely to do so.
If at any time Prollenium® decides to discontinue the App, it may terminate all user accounts, including yours by providing notice of termination in the form of a Notification within the App, such notification to become effective fifteen (15) days after it is issued.
Prollenium® may terminate your Account at any time and for any reason by providing you with notice of termination via email or in the form of a notification within the App. Such termination shall become effective sixty (60) days after notice of termination is sent.
Offers and Rewards can only be redeemed by users with active Accounts. Effective immediately upon termination of your Account for any reason, you shall have no further right or ability to use the App or to claim or redeem any Rewards or Offers that may have been earned or extended to you through the App. You shall have no right to compensation of any kind in connection with the termination of your account for any reason, including in connection with your reliance upon or inability to claim or redeem any Offer or Reward that may have been available to you at the time of termination of your account.
You acknowledge and agree that Prollenium® may retain information about you after termination of this Agreement for any reason as set out in the Privacy Policy.
Intellectual Property
The trademarks, service marks, and logos (collectively, the “Trademarks”) used and displayed through the App or appearing in Offers or elsewhere in connection with the App are registered and unregistered trademarks of Prollenium®, its licensors, or your Clinic or its licensors. Except insofar as the Trademarks may be displayed in the ordinary course of your use of the App, you are granted no license or right to use any of the Trademarks without the written permission of the trademark owner.
The App and the App Content, including without limitation any and all text, images, layouts, design elements, Offers, Rewards, software, and source code are proprietary works protected by copyright, and owned by Prollenium®, its licensors, or your Clinic (the “Copyrighted Works”). You may access and use these Copyrighted Works only in the ordinary course of your use of the App, and only in accordance with these Terms.
You may not copy, modify, share, redistribute or create derivative works from any App Content, Offer, Reward or any other Copyrighted Work.
The authorization granted to you herein to use the App, the Trademarks and the Copyrighted Works shall terminate immediately in the event that (1) you breach of any of these Terms; or (2) this Agreement is terminated for any reason.
Limitation of Liabilities and Disclaimer of Warranties
The App is provided on an as-is and as-available basis. We aim to provide uninterrupted access to the App, but the App may at any time become temporarily or permanently unavailable for any reason, including maintenance, programming errors, server configuration errors, or as a result of circumstances beyond our control, such as network or server outages, or incorrect configuration of your Device or the network you are using to access the App.
We may temporarily or permanently suspend or discontinue the App or your access to the App at any time, for any reason and at our sole discretion. We may modify or remove any part of the App or the App Content at any time and for any reason, without notice to you. We shall have no liability to you for any such suspension, discontinuance, modification or removal.
The App may contain links to third party websites. Prollenium has no control over third party websites or their content, and shall have no liability to you in connection therewith.
You use the App entirely at your own risk. Prollenium® provides the App and the App Content on an as-is and as-available basis, without any warranties of any kind. Without limiting the foregoing, the App and the App Content are provided without any warranties relating to merchantability, fitness for a particular purpose, data security, title, non-infringement, security, accuracy, functionality, accessibility, reliability, error-free operation, or freedom from viruses or malware. YOU RELEASE PROLLENIUM®, ITS EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS, AND YOUR CLINIC FROM ALL CLAIMS OF ANY KIND RELATING TO (1) YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE APP, THE APP CONTENT, AND ANY OFFERS OR REWARDS; AND (2) ANY UNINTENTIONAL DATA BREACH, UNAUTHORIZED DATA ACCESS, OR DISCLOSURE OF YOUR PERSONAL INFORMATION. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL PROLLENIUM®, ITS EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS, OR YOUR CLINIC BE HELD LIABLE FOR ANY RELATED HARM OR FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF PROLLENIUM® OR YOUR CLINIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH HARM OR DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, PROLLENIUM®, ITS EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS, AND YOUR CLINIC SHALL BE FREE FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR PERSONAL INFORMATION AND YOUR USE OF THE APP AND THE APP CONTENT.
OFFERS AND REWARDS HAVE NO CASH VALUE. UNDER NO CIRCUMSTANCES WILL PROLLENIUM, ITS EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS, OR YOUR CLINIC HAVE ANY LIABILITY TO YOU IN RELATION TO ANY INABILITY OR REFUSAL TO REDEEM ANY OFFER OR REWARD OR FOR ANY RESCINDED, ERRONEOUS, CANCELLED, TERMINATED, OR UNREDEEMED OFFER OR REWARD
General
- If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed, and the remainder of these Terms shall remain valid and in full force and effect.
- No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. Except as provided herein, neither you or we intend that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
- This agreement is personal to you. You may not assign or transfer your rights or obligations hereunder without our express written consent. We may assign, transfer or delegate our rights and obligations hereunder, in full or in part, to any third party without your consent.
- This agreement (including our Privacy Policy) constitutes the entire agreement between you and Prollenium. This agreement supersedes any and all other agreements between the parties relating to the subject matter addressed herein, and may not be modified except as provided herein.
- Any failure by Prollenium to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or of our right to act with respect to subsequent or similar breaches.
- These Terms, all Offers and Rewards, and your use of the App shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflicts of laws principles. Any related disputes shall be heard at the courts in Toronto, Ontario, Canada.
