Terms and Conditions
Excluding holidays
SUNRISE RECORDS VIP IS AN AUTOMATICALLY RENEWING MEMBERSHIP SUBSCRIPTION SERVICE. PROVIDER WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP AT THE END OF EACH BILLING CYCLE AND BILL THE THEN-CURRENT RENEWAL FEE TO YOUR DESIGNATED BILLING SOURCE, UNTIL YOU CANCEL YOUR MEMBERSHIP AT ANY TIME.
Sunrise Records VIP (the “Program”) is offered exclusively in English. It was expressly communicated to members, at the time of enrolment, that all Program materials, terms and conditions, communications, and website content are provided in English. No French language version is currently available. By enrolling in, or continuing to participate in the Sunrise Records VIP Program, you acknowledge that you have been informed of and accept this language limitation.
This agreement ("Agreement" or “Terms”) is made between the provider of the Sunrise Records VIP program (“Provider”) and the purchaser of the Sunrise Records VIP membership (referred to herein as "you"). By enrolling in the Program, you agree to be bound by the terms of this Agreement. The Sunrise Records VIP service is provided directly by Sunrise Records or through its designated third-party service provider, Trilegiant Corporation. If the latter, subsequent to your enrolment, Sunrise Records assigned its rights and obligations under the Terms and Conditions to Trilegiant Corporation.
IMPORTANT: TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER, AS DETAILED IN SECTION 7 OF THESE TERMS. PLEASE READ THESE TERMS CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST PROVIDER.
(b) Provider shall not be deemed a merchant, vendor, or supplier of any product or service provided to you through the Program.
(c) Provider may amend this Agreement from time to time. All material amendments will be effective thirty (30) days after notice regarding such amendments has been sent to you via email or mail to the address on file with Provider. You agree to provide a valid email or mailing address to Provider and are responsible for making sure that the email or mailing address on file with Provider is up to date at all times. You agree that thirty (30) days after notice is provided, any amendment becomes effective and is automatically incorporated into this Agreement as an effective and binding provision. You may opt out of any proposed amendment by terminating your Agreement prior to the effective date of such proposed amendment. After the effective date of any amendment, your continued participation in the Program, including maintenance of your membership, acceptance of Program benefits, or other access or use of the Program constitutes acceptance of the amended Agreement. Provider reserves the right to cancel this Agreement if you do not agree to an amendment or for any or no reason upon written notice and refund you the current term's membership fee unless the reason for such termination is your failure to pay or your misuse of the Program in which event no such refund will be made to you.
(a) Purchases made by you online in accordance with this Section 2 are eligible for cash back (the “Cash Back Network”). To qualify for cash back, you must access the participating merchants' websites through www.sunriserecordsvip.com (the “Program's Website”) and pay for your online purchase. Purchases you make by going directly to a participating merchant's website do not qualify for cash back. The Cash Back Network is only available via access to the Program's Website.
(b) Subject to the terms and conditions described in this Agreement, you will be credited in the form of a bank transfer a percentage of the net purchases made by you at the online merchants affiliated with the Cash Back Network (each, an "Affiliated Merchant"). The percentage credited to you will be set forth on the Program's Website for each Affiliated Merchant. The net purchase is defined as the total amount paid to the Affiliated Merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as is otherwise set forth on the Program's Website with respect to such Affiliated Merchant, whichever is less. Purchases made by you from Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn cash back if and only if all of the following criteria are satisfied: (1) "cookies", both first and third party (if applicable), must be enabled on your web browser; (2) all potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the Program's Website and being successfully connected to the Affiliated Merchant's website based upon that click; and (3) such purchases do not violate any Affiliated Merchant specific terms set forth on the landing page for that merchant. The Program's Website may, at all times, route your request to an Affiliated Merchant site through specific links, in order to ensure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. The determination of whether a purchase made through an Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Provider. Cash back awarded to you hereunder is subject to adjustments for returns, cancellations, and other events. Provider may apply such adjustments to your Program account at any time at its sole discretion. If you disagree with any adjustments made to your Program account, your sole remedy is to withdraw from the Program. Certain Affiliated Merchants have a list of purchases that are not eligible for accrual or payment of cash back rewards. Those restrictions are set forth on the landing page for that Affiliated Merchant. In addition, prescription medication, monthly deliveries, such as wine-of- he-month clubs and pet foods, gift certificates (with the exception of SpaWish), and purchases that are picked up at a warehouse or a store location will not be deemed a Qualified Purchase. Cash back on travel reservations accrues solely upon completion of the travel and full payment. In addition, if you place more than ten (10) orders or transactions from a single Affiliated Merchant in any single calendar day, any items contained in orders placed after the tenth order will not be deemed a Qualified Purchase. There is a maximum eligible cash back amount (“Cash Back Maximum”) of three hundred dollars ($300.00) for all Qualified Purchases in any calendar month, any orders or transactions made from an Affiliated Merchant in a calendar month after reaching the Cash Back Maximum will not be deemed a Qualified Purchase.
(c) You may transfer the cash back earned and showing in your profile (“Amount Available”) to the bank account registered under your profile once you have accumulated a minimum of $5.
(d) If you reach the Cash Back Maximum, or if you have not initiated a transfer of your cash back within two (2) months after the date your Amount Available reaches $5, we will automatically transfer the cash back to your bank account. If there is no bank account on file, we will retain your cash back rewards until we receive a bank account from you. Cash back cannot be transferred to any bank account other than the account which you have specified in the profile section of the Program Website. It is your responsibility to keep your account information current in order to facilitate your receipt of cash back rewards. In the event that your information is not current at the time your cash back rewards would otherwise have been paid to you, we will retain such cash back in your account until you provide a valid bank account. Except as otherwise provided in Section 3, upon the cancellation or termination of this Agreement any accrued cash back in your profile will be automatically disbursed to the bank account registered in your profile. If no bank account has been registered you may contact us using any of the methods stated in Section 10 hereinbelow, within 6 months of the date of cancellation (or termination). Additional information or checks may be required to confirm your identity before we can distribute any accrued cash back. If you have not contacted us within 12 months from the date of cancellation (or termination) any accrued cash back that is remaining in your profile will be treated as unclaimed property and administered in accordance with applicable provincial unclaimed property legislation. To track and credit your Qualified Purchases, you consent to the Program receiving the following transaction information from Affiliated Merchants: the products ordered, the order number, the date and time of purchase, the transaction amount, and the email address associated with the purchase. This information will be collected, used, and disclosed in accordance with the Program's Privacy Policy and applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act (Canada). You may withdraw your consent at any time by contacting Provider, though withdrawal of consent may affect your ability to earn or receive cash back.
You agree that you will use the Program only for your own behalf and for the members of your immediate family residing in your household. You will be responsible for all use of your membership number and must notify the Program immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. Merchandise purchased through the Program may not be used for resale.
You are required to use the Program in accordance with these Terms and applicable law, and you may not misuse the Program or attempt to obtain benefits, including cash back, through fraud, abuse, use of temporary, disposable, or otherwise invalid email address, or other improper activity. Any violation of these Terms, as determined by Provider in its sole discretion, may result in the immediate termination of your membership. If your membership is terminated for violating these Terms, any benefits available through the Program, including cash back, that have been earned but not yet disbursed as of the date of termination will be forfeited.
(a) TO THE FULLEST EXTENT PERMITTED UNDER THE LAW PROVIDER AND ITS AFFILIATES SHALL HAVE NO LIABILITY TO YOU AS A SELLER OF ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCTS, PROVIDED TO YOU THROUGH THE PROGRAM. NEITHER PROVIDER NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU IN CONNECTION WITH THE PROGRAM, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PROVIDER NOR ANY OF ITS AFFILIATES WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR OTHER VENDORS. NEITHER PROVIDER NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES DESCRIBED HEREIN OR YOUR REQUEST, USE OR ATTEMPTED USE OF SUCH SERVICES. IN NO EVENT SHALL PROVIDER AND ITS AFFILIATES' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF THE PROGRAM MEMBERSHIP FEE PAID BY YOU TO PROVIDER. PROVIDER AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE BEYOND THEIR CONTROL, INCLUDING DELAY DUE TO UNION DISPUTES OR FACTORY PRODUCTION SCHEDULES.
(b) All Vendors operate independently of, and are not under the control of, the Program in any way. The Program may provide an index page or other description on the Program's Website of certain Affiliated Merchant's terms which is for convenience only. Neither Provider nor any of its affiliates is responsible for changes to, or discontinuance of, any special offer or coupon code. It is your responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are listed or are not listed on the Affiliated Merchant's landing page, we cannot guarantee that you will be eligible to receive a discount and/or cash back on your purchases. You understand that neither Provider nor any of its affiliates operate or control the products or services offered by third parties, promotional partners, or participating Affiliated Merchants or other Vendors. Third-party websites and online merchants accessed through the Program are responsible for all aspects of order processing, order fulfilment, shipping and handling, billing, and customer service. Provider's sole obligation hereunder shall be to forward to the applicable Vendor all payments for services or products ordered, and to forward to you all necessary travel documents for travel reservations made by you, through the Program. Provider is not a party to the transactions entered into between you and the Vendors with which you choose to do business. If you buy products or services from any Vendor you become a customer of such Vendor and therefore must direct any comments, complaints, or inquiries regarding your purchases to such Vendor, and not to Provider. All rules, policies (including privacy policies), and operating procedures of those Vendors will apply to you while you are using those Vendors' websites or local store locations. No reference to a third-party product or service indicates an endorsement by the Program. Provider reserves the right to eliminate merchants, including Affiliated Merchants, Vendors, or suppliers (collectively, "Vendors"), as participants in the Program. Program members can locate participating Vendors online at www.sunriserecordsvips.com. Provider is not responsible for any refund to you or any effect on accrual of cash back due to Vendor closure, discontinuance as a participant in the Program, or restrictions in the event their products or services are no longer available to you.
(c) You agree that any claim with regard to services or products shall be made against the Vendor of such services or products, as applicable, and not Provider.
(d) Neither Provider nor any of its affiliates assume any responsibility or liability in connection with the service of any train, vessel, carriage, aircraft, motor vehicle, or other conveyance (collectively, "Vehicle") which may be used, either wholly or in part, in connection with the services ordered, nor will any of them be responsible for any act, error, or omission, or for any injury, loss, accident, delay, or irregularity which may be occasioned by reason of any defect in any Vehicle, or through the neglect of any person engaged in carrying out the purpose for which tickets or coupons are issued including, but not limited to, tour guides, vehicle operators, and hotel administration and staff. Neither Provider nor any of its affiliates shall have any liability in the event any itinerary or arrangements are altered by any Vendor. Any information provided by Provider to you is subject to change without notice. All services ordered are subject to the availability of such services from the applicable Vendor.
(e) The terms of this Section shall survive any termination, cancellation, or expiration of this Agreement.
Not withstanding the foregoing, nothing in this Section 4 is intended to exclude, restrict, or modify any statutory warranties, guarantees, rights, or remedies that apply to you under applicable federal or provincial consumer protection legislation and that cannot be excluded, restricted, or modified by agreement.
However, either party may pursue a Claim in small claims court consistent with the jurisdictional limits of such court.
If you are a resident of a province or territory where mandatory arbitration clauses in consumer agreements are restricted or prohibited by applicable law (including, without limitation, Ontario, Quebec, and British Columbia), arbitration under this Section is optional at your election, and you retain the right to bring a claim in the courts of competent jurisdiction in your province or territory of residence.
It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims by you against Provider as well as its officers, agents, employees, vendors, and corporate affiliates. Our vendors, suppliers and service providers of the Program (the “Related Parties”) are intended third-party beneficiaries of this Section 7.
You agree that, by entering into this Agreement, you and Provider (including the Related Parties) are each waiving the right to a trial by jury. To the extent permitted by applicable law, you also waive the right to participate in a class action; however, this waiver does not apply where prohibited by applicable provincial consumer protection legislation, including Ontario's Consumer Protection Act, 2002.
At your request, we will pay the first $125 of your arbitration fees; otherwise, you will be responsible for all fees that ICC requires you to pay under the applicable fee schedule in effect at the time you file your Claim. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. At your election, arbitration will take place in the city of your residence, as determined by your contact information on file with Provider, or by video or telephonically. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU, ON THE ONE HAND, AND PROVIDER, INCLUDING THE RELATED PARTIES, ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, where multiple substantially similar Claims are commenced against the Provider and are pending at the same time, the parties agree that the ICC may, to the extent permitted under the ICC Arbitration Rules, consolidate such Claims, coordinate their administration, or adopt procedural measures it considers appropriate to promote the efficient and fair resolution of the proceedings, including the appointment of a common arbitrator or tribunal, provided that the requirements for consolidation or coordination under the ICC Arbitration Rules are satisfied.
As referenced above, either party may bring an individual action in small claims court. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any arbitration proceeding will otherwise be governed by Section 6 (Governing Law). The terms of this Section 7 (Mandatory Arbitration Agreement and Class Action Waiver) shall survive any termination, cancellation, or expiration of this Agreement. If any provision of this Section 7 (Mandatory Arbitration Agreement and Class Action Waiver) is found to be invalid or unenforceable for any reason, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable.
(b) If Provider determines it is unable to bill the membership fee due hereunder to your designated billing source, Provider shall have the right to terminate this Agreement in which event you will no longer have access to any of the Program's benefits. In addition to Provider's termination rights set forth above, Provider may elect in its sole discretion to keep this Agreement in effect, but suspend your access to all of the Program's benefits, until such time (if any) as Provider is able to bill the membership fee due hereunder to your designated billing source.
ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THE PROGRAM'S WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF SUCH SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, PROVIDER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Provider assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property due to your access to, use of, or browsing in the Program's Website or your downloading of any materials, data, text, images, video or audio from such site.
PROVIDER MAKES NO WARRANTY THAT THE FUNCTIONS OF THE PROGRAM'S WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT ANY ERRORS ON SUCH SITE WILL BE CORRECTED. PROVIDER ASSUMES NO RESPONSIBILITY FOR (I) ANY PROBLEMS RELATING TO TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (II) FAILURE OF ANY EMAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, PROVIDER SITES, OR ANY COMBINATION THEREOF, AND/OR FOR (III) ANY INJURY OR DAMAGE TO USERS' COMPUTERS OR ANY OTHER COMPUTER RESULTING FROM DOWNLOADING ANY MATERIALS RELATING TO THE PROGRAM'S WEBSITE.
(b) Marketing Communications. With your separate express consent, Provider may also send you promotional offers, newsletters, surveys, and other marketing communications relating to the Program or its partners (“Marketing Communications”). You may withdraw your consent to receive Marketing Communications at any time by using the unsubscribe link included in each Marketing Communication, by contacting Provider at the telephone number or email address listed in Section 10, or by updating your communication preferences on the Program's Website. Withdrawal of consent to Marketing Communications will not affect your membership or your receipt of Transactional Communications.
(c) All electronic communications from Provider will identify the sender, include Provider's contact information, and, where applicable, contain a functioning unsubscribe mechanism, in accordance with CASL.
(d) You will need the following software and hardware to access electronic communications sent to you by Provider as part of your Program: a computer or mobile device with Internet access, a working email address, and a current web browser. To retain copies of electronic communications, you may print or save an electronic copy to your device.
(e) You may contact Provider at the telephone number or email address listed in Section 10 to request a copy of any electronic communication or to update your contact information.
Sunrise Records VIP is not available to residents of Quebec.
Sunrise Records VIP is a service provided directly by Sunrise Records or through its designated third-party service provider, Trilegiant Corporation, which may modify or improve any part of the service in accordance with these Terms and Conditions. Sunrise Records VIP is a registered service mark of Sunrise Records.
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