Effective Date: September 27, 2021
If you are a member of the Shop Your Way program (“Shop Your Way Program”) offered by Transformco SR Holdco LLC (together with its affiliates, “Company”) and are at least 18 years of age, you may be eligible to participate in the Shop Your Way CardLink program (the “CardLink Program”, or “CardLink”). The following terms and conditions govern your participation in the CardLink Program. By registering for CardLink, you accept these terms and conditions (the “CardLink Terms”), which are in addition to the Shop Your Way Program Terms and Conditions (the “Shop Your Way Terms”) and the Shop Your Way Privacy Policy. Capitalized terms that are not defined in these CardLink Terms have the meanings given to them in the Shop Your Way Terms.
By linking a card to your Shop Your Way account through the CardLink Program, you agree that Visa, MasterCard, American Express, or any other qualifying payment network (“Payment Network”) may use and share payment information regarding your Registered Card activity (including date, time, merchant, location, and purchase or return amount) at Shop Your Way CardLink Merchants with Company and third parties working on Company’s behalf as necessary to facilitate the CardLink Program and to provide you with your reward(s). You further agree that Payment Network may monitor transactions (including returns) on your Registered Card to determine where you used your card and the type of merchant, regardless of whether such merchant is a Shop Your Way CardLink Merchant (as defined below). You also agree that Company and third parties working on its behalf may share your Shop Your Way Program membership information (e.g., your Shop Your Way member ID) with your Payment Network as necessary to facilitate the linking of your card as part of the CardLink Program.
We may, from time to time, modify these CardLink Terms,in which case we will post the modified CardLink Terms here and change the “Effective Date” above. If you do not agree to any modifications, you may elect to terminate your participation in the CardLink Program at that time as set forth below. Any use of the CardLink Program following such change constitutes your agreement to the change. Online modifications and amendments supersede any printed version or copy of these CardLink Terms.
Overview of the CardLink Program
The CardLink Program allows you to earn Points under the Shop Your Way Program when you make a Qualifying Purchase from a third-party merchant participating in the Shop Your Way CardLink Program (a “Shop Your Way CardLink Merchant”) using your Registered Card. The terms of your purchase of any product or service from a Shop Your Way CardLink Merchant are governed by your relationship with that Shop Your Way CardLink Merchant and neither Payment Network nor Company is responsible for any issues that arise from your relationship with any Shop Your Way CardLink Merchant.
To earn Points for shopping at a Shop Your Way CardLink Merchant, you must register your eligible payment card(s) you use to shop at that Shop Your Way CardLink Merchant and then make a Qualifying Purchase using your Registered Card (as defined below). An eligible payment card that has been registered is referred to as a “Registered Card.” You are responsible for registering a new card if your Registered Card is lost, stolen, no longer valid, or if you receive a replacement card with a different card number. In some cases, we may receive updated credit or debit card numbers associated with your Registered Card from Payment Networks. If we receive this information, we will update your Registered Card with the new credit or debit card number that we receive. By entering your card, you are representing that you are the cardholder or an authorized user of the Registered Card. You agree to provide and maintain true, accurate and complete registration information about yourself and your Registered Card. Only legal residents of the United States (including the District of Columbia) are eligible to register for the CardLink Program.
Shop Your Way has engaged MasterCard as a service provider to help administer the Shop Your Way CardLink Program. A payment card may be registered with only one loyalty program administered by MasterCard. If your eligible payment card is registered with the CardLink Program and subsequently registered with a third-party loyalty program administered by MasterCard, you will not be eligible to receive Points or other rewards on Shop Your Way CardLink Program offers administered by MasterCard. Likewise, if you register your payment card with the CardLink Program after you have registered it with another third-party loyalty program administered by MasterCard, you will no longer receive Points or rewards in the other program. MasterCard contractually requires programs to notify you if your card is deactivated from one program because it has been registered in another.
You are eligible to earn Points when a Payment Network’s systems identify that you have used a Registered Card to make a Qualifying Purchase from a participating Shop Your Way CardLink Merchant. Company reserves the right to determine whether any given transaction is a Qualifying Purchase. In addition to using a Registered Card, you must activate each CardLink offer to earn Points with respect to that offer. Once you have activated an offer it will remain active for 45 days unless the program is terminated by the merchant. Merchants reserve the right to discontinue offers at any time.
To remain eligible to earn Points under CardLink, your Registered Card must remain in “Good Standing” with the CardLink Program. Good Standing means your Registered Card has been used to make a Qualifying Purchase from a participating Shop Your Way CardLink Merchant at least once in the past year. Company reserves the right to remove your card from the CardLink Program if at least one purchase is not made during the first year of enrollment or if it has been one year from the date of your last Qualifying Purchase. You may re-register any eligible payment card that has been removed from CardLink due to inactivity at any time.
Shop Your Way also reserves the right to remove any Registered Card from the CardLink Program at any time, and for any reason, without notice.
Not all cards are eligible for registration in connection with the CardLink Program. Without limitation, corporate cards, purchasing cards, non-reloadable prepaid cards, any prepaid or gift card that is not associated with the holder’s ZIP code, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) cards) or insurance prepaid cards, Visa Buxx, and payment cards whose transactions are not processed through the Visa U.S.A. or MasterCard International payment systems are not eligible to participate. Some kinds of MasterCard cards, such as Payroll and Government Pre-paid Cards, cannot participate in a rebate program in the United States. Only transactions that are made with a registered credit or signature debit card that are processed or submitted through MasterCard’s GCMS Platform transaction-processing system will be monitored for purposes of the CardLink Program or are eligible to be Qualifying Purchases.
Please note that not all transactions made with your Registered Card can be tracked for purposes of earning Points. You will need to use a credit or signature-based debit card for transactions if you want the transaction to be applied towards your CardLink offer completion. Transactions that require you to use a Personal Identification Number (PIN) when paying for your purchases (such as those made with a Registered Card that is a debit card) cannot be applied towards your CardLink offer completion. You acknowledge that the Payment Network may be unable to track for Points purposes every transaction made with your Registered Card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a third-party digital wallet or payment app where you may choose your Registered Card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the applicable payment system, and that these transactions are not eligible.
If you change your mind and no longer want to take part in the CardLink Program, you can unlink your card by revisiting the CardLink Program page and using the unlink functionality. Unlinking your card(s) from the CardLink Program does not affect your enrollment in the overall Shop Your Way Program.
Registration Data. When you register for the CardLink Program, Company will provide your Shop Your Way member number, name, and payment card information to the appropriate Payment Network and to third parties working on Company’s behalf (including without limitation MasterCard) to enable you to link your card(s) through the CardLink Program and so that your transaction activity can be associated with your Shop Your Way account. The applicable Payment Network and the third parties working on Company’s behalf (including, without limitation, MasterCard) use information provided by Company to identify your transactions (including Qualifying Purchases) and to provide data back to Company so that Company can administer the Shop Your Way CardLink Program.
Payment Card/Transaction Data. When you register a payment card for the CardLink Program, you are providing your card information to Company. Company will provide your card information to the appropriate Payment Network either directly, or indirectly through third parties working on Company’s behalf (including, without limitation, MasterCard), so that it can monitor its network for your transactions and share transaction data with Company and third parties working on Company’s behalf, such as MasterCard.
Qualifying Purchases/Transaction Data. When a Payment Network’s systems identify a Qualifying Purchase or a return at a Shop Your Way CardLink Merchant, the Payment Network provides the details of that Qualifying Purchase to Company and third parties working on its behalf (including without limitation MasterCard), as applicable. Notwithstanding anything else in the Shop Your Way Terms or Privacy Policy to the contrary, Company will use your card information and the transaction data provided by the Payment Network in the following ways:
-Company will use your transaction data to confirm a Qualifying Purchase and award you Points.
-Company may aggregate your transaction data without reference to any individual with transaction data from other members of the CardLink Program to learn insights about how members, in the aggregate, are using the CardLink Program or the types of offers, products and services they find interesting.
-Company or a Payment Network may provide information in order to respond to a court order or lawful demand from government authority.
-Any third parties working on Company’s behalf, including, without limitation, MasterCard, may independently exercise the same rights set forth in this Qualifying Purchases/Transaction Data Section.
Identifiable Program Data. Company may use the identifiable data (excluding transaction data, which is subject to the “Qualifying Purchases/Transaction Data” section above) collected from and about you for Company’s business purposes, such as data analysis, audits, developing new products and services, enhancing Company’s websites, improving Company’s services, personalizing your experiences, creating a profile of your interests and purchase behavior, identifying usage trends, and determining the effectiveness of Company’s promotional campaigns.
Information We Receive from Other Parties. As a service provider working on Company’s behalf, when you provide your information during card-linking registration, the site collects the data and MasterCard provides us with your primary account number for the eligible credit or debit card that you enroll into the Shop Your Way CardLink program (“Registered Card”) along with your zip code. This information is provided to us in an encrypted format from MasterCard, as the service provider managing the site on Company’s behalf. The site does not collect and we do not receive your credit or debit card expiration date or card security code.
We also receive information about credit card transactions from Payment Networks. This information may include the place of your purchase, the amount of your purchase, and the date and time of your purchase. We use this transaction information to match transactions with your Registered Card and calculate the rewards based on the applicable Shop Your Way CardLink Merchant offer. We forward the matched information with the preliminary calculation of the reward to MasterCard, our service provider. Working on Company’s behalf, MasterCard confirms the rewards and uses the matched information we provide to issue you rewards. We are not responsible for calculating or providing rewards.
Information We Disclose. In addition to the disclosures set forth above, we may disclose information that we may have, identifiable or not, as necessary for defending and bringing legal actions, or if required by a government authority or legal process.
We may share anonymous or aggregated information that is not reasonably identifiable to you with our affiliates, partners, merchants, and other third parties in our discretion. Such information could be used, for example, to provide us with statistical or other analysis. This information is de-identified and cannot reasonably be used to identify you personally.
We reserve the right to transfer all information and data in our possession, custody, or control to a successor organization in the event of a merger, acquisition, reorganization, bankruptcy, or other sale of all or a portion of our assets. Any acquirer will remain subject to the terms of these Disclosures.
Retention and Disposal of Information. We retain your information as long as we determine it is required for the operation of the CardLink Program and to meet legal, regulatory, and other requirements. We retain your information for the most part electronically in our computer systems or the computer systems of non-affiliated third parties that we work with in connection with operating our business and providing services to you. We take reasonable steps to ensure that information is disposed of securely when we no longer require such data.
1.You acknowledge and agree that neither Company nor the applicable Payment Network will have any liability associated with or arising from your participation in the CardLink Program, the information you provide at registration, or for your failure to receive Points for a Qualifying Purchase or messages you receive in connection with the CardLink Program. Company reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the CardLink Program in a manner inconsistent with these Rules or any federal or state laws, statutes or ordinances or who has provided untrue, inaccurate, or incomplete information. In addition to suspension or discontinuance of the Program eligibility, Company shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
2.Neither Company nor the Payment Networks endorse or sponsor, or are responsible for: (i) the offers, goods or services advertised, marketed, purchased, paid for, or delivered in connection with the CardLink Program (which program includes (for purposes of this Section) any purchases you make from a Shop Your Way CardLink Merchant, regardless of whether or not you were made aware of the product or service through the CardLink Program); (ii) honoring or fulfilling the offers provided to you through the CardLink Program; or (iii) the Shop Your Way CardLink Merchants whose offers, products, or services are promoted in connection with a specific offer in the CardLink Program.
3.You are solely responsible for acquiring any hardware, software, Internet access, other items required for you to participate in CardLink Program, and any associated fees, charges and expenses.
4.THE CARDLINK PROGRAM, IN WHOLE AND IN PART, INCLUDING, WITHOUT LIMITATION, THE PLATFORM AND SYSTEMS USED TO PROCESS DATA IN CONNECTION WITH THE CARDLINK PROGRAM, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF CARDLINK PROGRAM AND THE RESULTS AND PERFORMANCE THEREOF. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY, THE PAYMENT NETWORKS OR ANY OF THEIR SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASED PARTIES”), OR ANY PARTICIPATING SHOP YOUR WAY CARDLINK MERCHANT OR ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “SHOP YOUR WAY MERCHANT PARTIES”), BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH SHOP YOUR WAY CARDLINK MERCHANTS AND/OR THESE TERMS, EVEN IF A RELEASED PARTY OR A SHOP YOUR WAY MERCHANT PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES AND SHOP YOUR WAY MERCHANT PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (i) YOUR USE OF OR INABILITY TO USE THE CARDLINK PROGRAM; (ii) ANY MESSAGES OR THE CONTENT OF ANY MESSAGES PROVIDED TO YOU; (iii) ANY GOODS, SERVICES OR INFORMATION PURCHASED, RECEIVED, SOLD OR PAID FOR IN CONNECTION WITH THE CARDLINK PROGRAM; (iv) DISPUTES BETWEEN YOU AND A SHOP YOUR WAY CARDLINK MERCHANT; (v) ANY DATA PROVIDED THROUGH THE CARDLINK PROGRAM, INCLUDING WITH RESPECT TO INCOMPLETENESS OR MISINFORMATION; (vi) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE CARDLINK PROGRAM; (vii) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (viii) ANY OTHER USE BY YOU OF THE CARDLINK PROGRAM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE RELEASED PARTIES’ CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO PARTICIPATE IN THE CARDLINK PROGRAM. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE CARDLINK PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6.Waiver. Failure to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right.
7.Entire Agreement; Limitation of Actions. These CardLink Terms (including ANY TERMS incorporated by reference) constitute the entire agreement between you and Company with respect to your participation in the CardLink Program; however, your participation in the Shop Your Way Program is governed by the Shop Your Way Terms. These CardLink Terms do not amend or otherwise modify the card agreement with the issuer of your registered card. In the event of any inconsistency between these CardLink Terms and your card agreement, these CardLink Terms govern solely with respect to the CardLink Program, including the rights you granted hereunder, and your card agreement governs as to the relationship between you and the issuer of your card. Any cause of action you may have with respect to the CardLink Program must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
8.Indemnification. To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Released Parties and Shop Your Way Merchant Parties from any loss, liability, claim, or demand, including, without limitation, costs and reasonable attorneys’ fees, due to, in connection with or arising out of your use of the CardLink Program or arising from your breach of these Terms, including any representation or warranty set forth herein, your violation of applicable laws, or your violation of any rights of another person or entity.
9.Severability. If any provision of these CardLink Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these CardLink Terms and shall not affect the validity and enforceability of any remaining provisions.
10.Confidential Arbitration. ALL DISPUTES COMPANY OR YOU HAVE RELATING IN ANY WAY TO THE CARDLINK PROGRAM (INCLUDING WITHOUT LIMITATION WITH RESPECT TO DISCLOSURES, EMAIL, AND MOBILE SMS (TEXT) MESSAGES SENT TO YOU, OR ANY CONTACT INFORMATION YOU SUPPLY IN CONNECTION WITH THE PROGRAM), THESE CARDLINK TERMS, YOUR PURCHASES FROM SHOP YOUR WAY CARDLINK MERCHANTS, OR THE CARDLINK PROGRAM WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, the CardLink Program, or the CardLink Program Site is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise.
For arbitration claims you assert against Company or MasterCard in accordance with this section (but not for any arbitration claim against you), Company and/or MasterCard (depending on the nature of the asserted claim) will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, as between you and Company or MasterCard, Company and MasterCard will pay their own, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. For arbitration claims you assert against MasterCard in accordance with this section, unless unlawful, as between you and MasterCard, MasterCard will pay their own, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit in any court, or in arbitration, with respect to any claims arising under these Terms, or the CardLink Program. This waiver will survive the termination of the relationship between you and Company.
Company or you may seek injunctive relief against the other in any state or federal court in Chicago, Illinois, USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Chicago, Illinois, USA for injunctive relief purposes.
11.Assignment. You may not assign these Terms, by operation of law or otherwise, without Company’s prior written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.
You may direct comments and questions regarding the CardLink Program and these CardLink Terms to Shop Your Way at sywsolutions@syw.com.
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