FLEX CARD – CONDITIONS OF USE

Together with our stores, Potvin & Bouchard Inc. would like to express our gratitude to our loyal customers. Our FLEX Rewards Program is a way for us to directly thank everyone who has helped make Potvin & Bouchard Inc. a success since our founding.

The P&B FLEX Card is not a credit card. The P&B FLEX Card is a rewards program that allows program members to earn one point for every dollar spent at our participating Potvin & Bouchard Inc. stores. These points can then be redeemed and used as payment for merchandise, gift cards or any other P&B FLEX Card reward.

The following rules, terms and conditions apply to the Potvin & Bouchard Inc. FLEX Rewards Program (hereinafter referred to as the “Rewards Program”) and provide relevant information on the terms and conditions of enrolment and the collection and redemption of P&B FLEX Points, and various other aspects of the program.

The customer should read these regulations carefully and keep them in a safe place.

Any use of the customer’s P&B FLEX Card in the context of this program implies that the customer has read these rules and accepts each of the terms and conditions set out below.

In the administration of this program, the term “customer” or “contractor” refers to any person in whose name a P&B FLEX Card has been issued by Potvin & Bouchard Inc.

Anyone wishing to participate in the Rewards Program must do so by completing the activation form available on the www.potvinbouchard.ca website or at participating Potvin & Bouchard Inc. stores.

Any customer who has completed the activation form and in whose name Potvin & Bouchard Inc. has issued a P&B FLEX Card is entitled to take part in the program.

By signing the Rewards Program activation form or using his/her P&B FLEX Card for the first time, the customer or contractor:

i. certifies that he/she has reached the age of majority in his/her province of residence (or that he/she has obtained the consent of a parent or guardian);

ii. consents to the collection and use of his/her personal information by Potvin & Bouchard Inc., except to the extent that he/she has notified us otherwise; and

iii. accepts the rules, terms and conditions of the Rewards Program, which may be modified at any time by Potvin & Bouchard Inc.

Enrolled customers who live in the same household will be considered to be different cardholders and will collect P&B FLEX Points on their individual P&B FLEX Cards.

Business corporations, joint ventures, partnerships, groups and associations may also enroll in the Potvin & Bouchard Inc. Rewards Program.

The customer consents to the collection and use of his/her personal information within the boundaries that Potvin & Bouchard Inc. has established for the protection of personal information and confidentiality. (See Confidentiality section below for more information).

P&B FLEX Points can be used as a payment method when purchasing merchandise at participating Potvin & Bouchard Inc. stores. To take advantage of this benefit, customers must present their P&B FLEX Card at the cash register before the end of the transaction. Photo identification may be requested by staff at the participating store.

P&B FLEX Points cannot be exchanged for cash and have no cash value. They cannot be used to pay the balance of a bill charged to the customer’s account. The redeemed amount of P&B FLEX Points cannot exceed the amount of the transaction to which they are applied; as such, no cash back will be issued.

All purchases made with the P&B FLEX Card will be subject to a points balance check. The points balance must be sufficient for the points to be used as payment. A minimum balance of 1,500 points on the P&B FLEX Card is required.

For all customers, a period of fifteen (15) days is required between the date of purchase and the availability of collected points for use as a method of payment. 

If the payment term granted to a P&B FLEX Card holder who has an account at a participating Potvin & Bouchard Inc. store and is registered on the MS2 platform is greater than fifteen (15) days, and payment is made after the 15^th day but within the payment term, points will only be available from that time.

In the event of a return of merchandise, credit or refund at a participating Potvin & Bouchard Inc. store, the P&B FLEX Points granted at the time of purchase will be deducted from the total points in the customer’s account. The P&B FLEX Card must therefore be presented.

If P&B FLEX Points are used to make a purchase and the purchase is cancelled, the P&B FLEX Points used will be added back to the account and cannot be refunded in cash. The P&B FLEX Card must be available for the transaction.

In the event of a server or network failure, the P&B FLEX Card cannot be used as a payment method.

Collected P&B FLEX Points cannot be transferred (in whole or in part) to another person. Two (2) exceptions may be granted by Potvin & Bouchard Inc.

Upon the death of the cardholder, the membership and the P&B FLEX Points in the cardholder’s file may be transferred to the person designated in his/her succession and will be subject to the same collection and redemption conditions upon presentation of the death certificate and the cardholder’s card (in which case the cardholder’s card will then be cancelled). If the designated person declines to enroll, the card will be cancelled, and the collected P&B FLEX Points will be cancelled. 

In the event of divorce or separation, jointly collected P&B FLEX Points may be transferred or divided according to the agreement between the parties, the final court judgment, or applicable laws in the province in question.

In the event of loss or theft of your P&B FLEX Card, it is the cardholder’s responsibility to notify Potvin & Bouchard Inc. immediately. Accumulated and unused P&B FLEX Points will be automatically transferred to your new file when a new card is issued to you.

Potvin & Bouchard Inc. cannot be held responsible for transactions made on the account between the time the card was lost or stolen and the time Potvin & Bouchard Inc. was notified.

Any case of fraud or misuse of the program by the customer, as well as any case of false information provided by the customer or non-compliance with the conditions by the customer, may result in the cancellation of the P&B FLEX Card and the collected P&B FLEX Points.
 
Should Potvin & Bouchard Inc. cancel the customer’s membership on reasonable grounds such as cheating, misuse, embezzlement, card cloning or any other unacceptable practice not authorized by Potvin & Bouchard Inc., the customer’s P&B FLEX Points will automatically be cancelled without notice.

Potvin & Bouchard Inc. reserves the right to terminate the program at any time, or to modify its components in whole or in part without notice, including the P&B FLEX Points collection method and the products and services available in exchange for points.
 
If the program is terminated or suspended and the cardholder still holds P&B FLEX Points on the date the program ends or is suspended, the cardholder will have six (6) months to redeem the points for products and services offered by participating Potvin & Bouchard Inc. stores. After this period, the P&B FLEX Points will be automatically cancelled.
 
The P&B FLEX Card is the property of Potvin & Bouchard Inc. and must be returned upon request.

The terms and conditions of program administration are subject to the laws and regulations in force in Canada and in the province of the P&B FLEX Card holder. In the event that any provision contained herein is declared invalid or unlawful, such provision or part thereof shall be deemed unwritten, and the other provisions contained herein shall remain in full force.
 
Any request for information concerning the program shall be addressed to Potvin & Bouchard Inc. by email ( [email protected] ).
 
Should events beyond the control of Potvin & Bouchard Inc. (acts of God, natural disasters, civil unrest, war or major changes in economic or business conditions) seriously compromise Potvin & Bouchard Inc.’s volition to maintain the program as then constituted, the program may be suspended or terminated in whole or in part, and collected P&B FLEX Points may be cancelled without notice and may not subsequently be redeemed or transferred.
 
It is the FLEX Card holder’s responsibility to consult an accountant or tax specialist to ensure that the tax treatment will be appropriate when redeeming points.

Personal information collected as part of the Rewards Program will only be used by Potvin & Bouchard Inc. and will not be sold or leased to other companies or organizations. This information is necessary for the administration of the program and allows Potvin & Bouchard Inc. to manage the accounts of program participants and update the balances of points earned by the member; to process point redemptions and grant rewards and privileges to the P&B FLEX Card holder; to better identify the needs and preferences of members; and to improve the services offered to Potvin & Bouchard Inc. customers. Personal information on members is considered an asset in connection to the rewards card program. In the event of the sale or transfer of ownership of Potvin & Bouchard Inc., this information will be transferred as one of the assets of Potvin & Bouchard Inc.

However, when legally required, Potvin & Bouchard Inc. can and must transmit any information regarding points granted to customers, including to the competent tax authorities, where applicable.

The information provided to Potvin & Bouchard Inc. upon enrollment may also be used to communicate with cardholders to inform them of upcoming events, special offers or exclusive promotions. If you do not wish to receive communications from Potvin & Bouchard Inc., please inform Potvin & Bouchard Inc. by email ( [email protected] ) or mail to the attention of the program administrator. Potvin & Bouchard Inc.’s files must include a valid address for each cardholder so that program information can be sent to the correct address. In the event of a change of address, the cardholder must notify Potvin & Bouchard Inc. of his/her new contact information. Potvin & Bouchard Inc. cannot be held responsible if the cardholder does not receive sent communications, or if communications are received at the last minute or after the announced event is over.

All cardholders release Potvin & Bouchard Inc. and its stores, its affiliated partners and its respective directors or officers from all other liability in tort or contract that may arise directly or indirectly from the Rewards Program or your membership in the program and that is not specified herein.