Inwit Solutions Inc.
Effective as of July 15th, 2021
The Impact Points Program is a points program offered at the sole discretion of Inwit Solutions Inc. (“Inwit”) under these Points Terms as set out below (the “Points Terms”). These Points Terms govern the Points Program, including Inwit’s relationship with members of the Points Program (collectively, “Points Members” or “Members” and individually, a “Points Member” or “Member” or “you” or “your”), and how Members manage their accounts and earn and redeem Impact Points (“Points”). For clarity, Points are not Inwit Credits. The Points Program is a component of the Inwit Platform that is only available to Members. By agreeing to the Inwit Platform User Terms (the “User Terms”), you will be deemed to have also agreed to these Points Terms, as further set out in the User Terms. However, you will only be entitled to participate in the Points Program if you meet the eligibility criteria and become a Member through using the Inwit services. These Points Terms will form part of your agreement with us, together with the User Terms, Privacy Policy, and other terms that may form part of your agreement with us from time to time. Participation in the Points Program is subject to these Points Terms as well as those other terms. In the event of a discrepancy between these Points Terms and the User Terms, the User Terms will govern.
Membership in the Points Program is free and, provided you are eligible, enrolment occurs automatically (a) when we accept your request to create an Inwit Account, if you create an Inwit Account after the initial version of these Points Terms comes into effect, or (b) when these Points Terms come into effect or otherwise become binding on you if you already have an Inwit Account at that time.
To be eligible for membership in the Points Program, you must: (a) be eligible for an Inwit Account in accordance with the User Terms, (b) hold, or have submitted a request to create, an Inwit Account; (c) possess the legal authority to agree to the Points Terms; and (d) reside in a jurisdiction which legally permits participation in the Points Program in accordance with these Points Terms. The Points Program is only intended for use within Canada.
Inwit will use your personal information to administer the Points Program. By enrolling in the Points Program, you consent to the collection, use, and disclosure of your personal data by Inwit, in accordance with our Privacy Policy, these Points Terms, our User Terms, and other documents that form part of your agreement with us. Without limiting the generality of the Privacy Policy, the personal information that we use to administer the Points Program may include: (a) your full and legal name, phone number, mailing address and email address, to administer your account; and (b) additional, optional personal information that we may request from time to time and which you may choose to provide, such as birth date, to determine your eligibility for offers, Points, and other benefits under the Points Program. We will also use your order history together with the aforementioned information to permit us to determine your eligibility for offers, Points, and other benefits under the Points Program.
Points are uniquely associated with a single Inwit Account. Unless expressly authorized by Inwit, no person may earn or redeem Points or otherwise hold membership in the Points Program except in connection with a single Inwit Account held by that person in accordance with the User Terms. We reserve the right at any time to restrict access to or use of the Points Program (a) to individuals for their personal use only, and (b) to one account per person. Additionally, employees, agents, and representatives of Inwit or its affiliates may from time to time be excluded from certain benefits of the Points Program.
The Points Program is a way in which Inwit celebrates and thanks customers for placing Orders and choosing a sustainable option for takeout. Subject to these Points Terms:
Members are able to earn Points by completing Orders on the Inwit Platform which qualify to earn Points in accordance with these Points Terms (“Eligible Orders”) or taking certain other Points Program actions;
Members may redeem Points in exchange for certain benefits and Points, including credit toward Eligible Points Orders. An “Eligible Points Order” means an Order placed on the Inwit Platform that the Member is eligible to pay for in whole or in part by redeeming Points toward that Order in accordance with these Points Terms.
Eligible Orders on the Inwit Platform. Subject to these Points Terms, for each dollar spent by a Member toward the food and beverage subtotal excluding taxes, tips and fees of an Eligible Order (the “Eligible Order Subtotal”), the Member will earn a certain number of Points after the Eligible Order is completed, as determined by Inwit’s records.
The number of Points that the Member will earn is equal to the Eligible Order Subtotal as follows:
Points will be rounded to the nearest whole number. For example, on an Eligible Order Subtotal of $15.57 at (20 Points per dollar), a Member would earn 312 Points.
Points will also be earned when you return borrowed Inwit containers. The faster you return your container(s) the more Impact Points you will earn.
Below is the outline of the points earned when returning container(s).
Promotional Offers
From time to time, Inwit may, in its sole discretion, award Points to Members through promotions that may be offered on a limited-time basis (“Promotional Points Offerings”). Promotional Points Offerings will be subject to these Points Terms as well as such additional terms as may be communicated at the time of the Promotional Points Offering. For clarity, Inwit has no obligation to provide Promotional Points Offerings. Promotional Points Offerings may include “multiplier” offers (“Points Multipliers”) allowing Members to earn additional Points from Eligible Orders as a multiple of the Points they would otherwise earn (e.g. 2x the Points). Points Multipliers will only be applied to the base Points amount (i.e. the Eligible Order Subtotal multiplied by the Status Factor as set out in paragraph (a) above) and do not “stack” with other Promotional Points Offerings. In the event that more than one Points Multiplier is applicable, only the higher Points Multiplier will be applied.
Subject to these Points Terms, when a Member earns Points, the number of Points earned by the Member will be added to the Points balance associated with the Member’s Inwit Account. Points will be calculated and applied to an Inwit Account in relation to an Eligible Order (a) only after the Eligible Order has been verified as completed on the Inwit Platform as determined by Inwit’s records, and (b) based on the Points earning rules applicable to that Member and that Eligible Order (such as Status and Promotional Points Offerings) at the time the Order is completed and calculated, and not based on the time the Order was placed. For clarity, Points will not be awarded for Orders which are cancelled, not picked up, returned, or otherwise incomplete, except at Inwit’s sole discretion.
Points will generally be fully credited to your Inwit Account within 24 hours after you have earned them, or up to one (1) week in some cases. Inwit is not liable to you for any delay in crediting Points to your Inwit Account. If you earn Points in a manner not permitted by these Points Terms, Inwit may deem, in its sole discretion, any such Points to be invalid and cancel them, which will result in the removal of such Points from your Inwit Account without prejudice to Inwit’s other rights. You may not hold more than 60,000 Points at any time (the “Points Cap”). Once the total number of your Points reaches the Points Cap, you must redeem Points in order to be eligible to earn more Points. We reserve the right to increase or decrease the Points Cap at any time, subject to applicable law.
To “redeem” means to use your Points to pay, or partially pay, for Eligible Points Orders on the Inwit Platform by selecting the appropriate option at the checkout page, or following the instructions provided on the Inwit Platform. Subject to these Points Terms (including the exclusions set out in Section 7 below), you may redeem Points toward Eligible Points Orders, or for any other purposes of which we may advise you from time to time (“Additional Points Offers”).
Upon redeeming Points, the number of Points that you redeemed will be deducted from the Points balance associated with your Inwit Account. When you redeem Points in conjunction with an Eligible Points Order, the Points will be deducted from your Inwit Account at the time that you place the Eligible Points Order. Subject to these Points Terms, each set of ten thousand (10,000) Points held by a Member may be redeemed by that Member for a credit of two dollars and fifty cents ($2.50) toward an Eligible Points Order. You may redeem multiple sets of Points in increments of 10,00, 20,000, 30,000, 40,000, 50,000 or 60,000 points only, for credits of $2.50 up to the maximum number of Points that we allow you to redeem and that you hold. For clarity, the minimum number of Points that you can redeem is 10,000 Points and you may not redeem any Points until you have accrued at least 10,000 Points in a single Inwit Account. Subject to applicable law, Inwit reserves the right (a) to decrease the minimum increments in which you may redeem Points, (b) to allow you to redeem multiple sets of Points in additional multiples, and (c) to increase the minimum increments in which you may redeem points or remove your ability to redeem multiple sets of Points in certain multiples.
We are not required to refund Points, or otherwise provide compensation to you for Points that you redeem toward an Eligible Points Order that is subsequently cancelled or is otherwise not successfully completed. If we choose to do so, we may provide such refund, credit, or compensation in the form of Points, as Inwit Credits, or through such other means as we may choose at our sole discretion. For clarity, you are not entitled to redeem Points toward Inwit Credits, gift cards, or anything else other than Eligible Points Orders or Additional Points Offers. You may not redeem more Points than you hold at the time you attempt to redeem them. You may not redeem a number of Points that exceeds the Points Cap in any single transaction. Additional Points Offers may be provided from time to time at the sole discretion of Inwit. Except to the extent that the contrary is set out in the terms that accompany an Additional Points Offer, the terms set out in these Points Terms that govern Eligible Points Orders will also govern Additional Points Offers.
We may cause all Points in your Inwit Account to expire or may otherwise remove Points from your Inwit Account if:
Your Inwit Account, your participation in the Points Program, or your license to use the Inwit Platform as a Customer in accordance with the User Terms, is suspended or terminated for any reason; or
Otherwise as set out in these Points Terms. Expired and removed Points will be permanently removed from your Inwit Account, without any compensation to you. You will be unable to redeem any expired or removed Points. Except to the extent required by applicable law, we are not required to notify you before we remove your Points or cause your Points to expire, although we may choose to do so at our sole discretion. Our choice to send notices of expiration or removal in one instance does not mean that we are required to send notices of expiration or removal in other instances.
Inwit will not be liable to you in connection with expired or removed Points, will not provide any compensation for expired or removed Points, and will not reinstate the value of expired or removed Points, in connection with any expiration or removal of Points carried out in accordance with these Points Terms.
Notwithstanding any other provision of these Points Terms and to the maximum extent permitted by applicable law, we reserve the right to revoke Points without notice if we reasonably determine that the Points were acquired fraudulently, or otherwise in connection with an action that we take against an account (including but not limited to the closure of the account) in response to fraudulent or criminal activity
Points cannot be earned on any of the following: (i) purchases of gift cards or Inwit Credits; (ii) tips; or other fees; (iv) taxes; (v) any purchase not made through the Inwit Platform in your capacity as a Customer; (vi) any other products or services that may not legally be offered in connection with the Points Program as administered by Inwit or as otherwise required to comply with applicable law; and (vii) any of the following purchases that Inwit may in its sole discretion determine are ineligible to earn Points from time to time: (A) alcohol, or (B) any other products or services that we specify. For clarity, Promotional Points Offerings may be presented on a promotional time-limited basis, and you will not be able to earn Points in connection with such a Promotional Points Offering after it ends.
Points cannot be redeemed toward any of the following: (i) alcohol; (ii) gift cards or Inwit Credits; (iii) purchases made with cash; (iv) any purchase not made through the Inwit Platform in your capacity as a customer; (v) any other products or services that may not legally be offered in connection with the Points Program as administered by Inwit or as otherwise as required to comply with applicable law (which may include any order containing one of the aforementioned items), or (vi) any other products or services that we may specify from time to time in our sole discretion. Certain redemption opportunities may be presented on a promotional time-limited basis, and you will not be able to redeem Points in connection with such an opportunity after it ends.
Inwit reserves the right (a) to deem any Order wholly ineligible to constitute an Eligible Order if any portion of that Order (other than tips, delivery fees, and taxes) is not eligible to earn Points in accordance with these Points Terms, and (b) to deem any Order wholly ineligible to constitute an Eligible Points Order if any portion of that Order is not eligible to be paid for by Points in accordance with these Points Terms.
Members will not earn Points on the portion of an Order discounted by way of a voucher or otherwise, or paid for by way of a voucher, Points, coupon, or other promotional offer or discount, or for which a Member receives a refund (for service-related reasons or otherwise) except as we may permit from time to time in our sole discretion. For greater certainty, a Member will only earn Points on the portion of the value of an Eligible Order paid for by credit card, debit card, cash (except as restricted by Inwit), or Inwit Credits. Inwit reserves the right to exclude Orders paid in whole or in part by way of company account or invoice from eligibility to constitute Eligible Orders or Eligible Points Orders. Points you earn upon placing an Order cannot be redeemed for that Order and can only be redeemed for a subsequent Eligible Points Order.
In any one transaction, Points may only be earned once, and may only be credited to a single Inwit Account. While you may not earn the same Points twice in one transaction, some transactions may allow you to earn Points in multiple ways. For example, you may be eligible to earn Points for placing an Eligible Order, plus earn bonus Points as a result of a Promotional Points Offering in effect in connection with that Eligible Order.
Points will be calculated at the time that an Eligible Order is marked as completed according to Inwit’s records, and in accordance with the Points earning rules applicable to you that are in effect at that time. For example, if a Points Multiplier comes into effect after you place an Eligible Order but before the Order is completed, the Points Multiplier (if otherwise applicable to the Eligible Order) would apply to the Eligible Order.
Points will only be awarded based on the Eligible Order as originally placed, except as may be permitted by Inwit in its sole discretion. Accordingly, if you add an item to an Order or your Order is otherwise modified after initially being placed, you may not receive additional Points for the newly increased value of the Order.
If for any reason an Eligible Order is cancelled or modified or you receive a refund (including service credit or voucher) in connection with that Order after you have earned Points for that Order, your Points balance may be reduced by the number of Points earned in connection with the portion of the Order that is cancelled, modified, or refunded, at Inwit’s sole discretion.
Inwit’s records of the number of Points earned, redeemed or deducted shall be deemed conclusive and binding for all purposes. If you have a concern regarding your Point balance, you must contact Inwit and provide relevant evidence within 30 days from the relevant transaction date to report any discrepancies, and Inwit may in its sole discretion take any action that Inwit deems appropriate. If we do not hear from you within 30 days, it means you agree with us about those Points.
The number of Points displayed on your Inwit Account may not consistently reflect your current Points balance according to our records. To the extent permitted by law, we accept no liability for any errors in the Points balance displayed on the Inwit Platform. If any Points are awarded to your Inwit Account in error, we reserve the right to deduct the number of Points awarded in error at any time and without notice to you. We are not obligated to honour a request to redeem Points added to an Inwit Account in error. Points will not be awarded and may be rescinded if in our reasonable opinion the Order was placed by a person not eligible to be a Member or not otherwise eligible to receive those Points. We reserve the right to limit Points awarded with respect to any offer or promotion (including but not limited to Promotional Points Offerings) to reasonable quantities.
You are responsible for all redemptions on your Inwit Account, including any redemptions made on your Inwit Account, and any redemptions made on your Inwit Account as a result of unauthorized access to your Inwit Account, such as due to a failure to safeguard your password.
Points have no cash value and are not exchangeable for cash. Except as permitted from time to time by Inwit, Points cannot be assigned, exchanged, purchased or given by gift. Points cannot be sold, traded, bartered, rented or otherwise disposed of. Points are void if sold for cash or any other consideration. You may not set off Points from any debt that you owe to Inwit, under any legal or equitable theory.
Subject to applicable law, if your Inwit Account or access to the Inwit Platform is closed or terminated for any reason, any Points accumulated in your Inwit Account which are not redeemed before the closure of your Inwit Account or termination of access to the Inwit Platform will be forfeited and removed from your Inwit Account.
We reserve the right to restrict, suspend, substitute or otherwise change any aspect of the Points Program. We may modify all or one or more elements of these Points Terms at any time, including but not limited to the following elements:
The eligibility conditions for participating in the Points Program;
The manner in which a Member participates in the Points Program;
The manner and rate at which Points are earned;
The manner and rate at which Points are redeemed;
Conditions for redeeming Points;
The value of Points earned and redeemed;
The circumstances under which we may revoke Points or cause them to expire;
Any element which we have indicated in these Terms may be changed by us from time to time; and
This Section 8.
If these Points Terms, or any aspect of the Points Program, are restricted, suspended, substituted or changed, we are only required to provide you with notice to the extent set out in these Terms or our User Terms and in accordance with applicable law.
We reserve the right to terminate the Points Program or any part of it, at any time on 60 days prior to written notice, which we may provide to you by posting such notice online through the Inwit Platform, or by electronic means of communication (including email or SMS) to your contact information specified in your Inwit Account, or by other reasonable means. If the Points Program is terminated, any Points remaining in your account at the time of account expiration may be forfeited without compensation.
We reserve the right to sell or transfer all or part of the Points Program to a related company or to a third party, to merge with another entity or to engage in any form of corporate, reorganization or financing transaction. In addition, the manner in which the Points Program is provided to you may change. Please refer to our Privacy Policy for details as to how your personal information would be handled in such cases.
Subject to applicable law, we reserve the right to refuse to allow you or any person to participate in the Points Program for any reason in our sole discretion, including for not meeting the eligibility requirements or for having an Inwit Account closed previously.
We may, at any time, suspend or cancel your participation in the Points Program for failure to comply with these Points Terms, the User Terms, or any other part of your agreement with us.
We reserve the right to withdraw or temporarily change or suspend all or part of the Points Program in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Points Program as set out in these Points Terms. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Points Program in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.
For the avoidance of doubt, the Points Program forms a part of the Inwit Platform and these Points Terms are subject to the User Terms. All applicable provisions of the User Terms and of any other applicable part of your agreement with us apply to and govern your use of the Points Program, INCLUDING BUT NOT LIMITED TO THE DISCLAIMERS OF WARRANTIES, LIMITATIONS AND EXCLUSIONS OF LIABILITY, AND INDEMNITIES CONTAINED THEREIN.
Copyright Inwit Solutions Inc. 2021