Barks and Purrs Loyalty Program
Terms and Conditions
Last Updated: 28th Feb 2023
Barks and Purrs Loyalty Program (the “Program”) is a loyalty program offered by Elanco Canada Limited (“Elanco”) through which pet owners (“Participants” or, individually, a “Participant”) located in Canada can earn points (as further explained below, the “Points”) with several products (the “Products”) after registration with this Program. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PARTICIPATE IN THE PROGRAM.
A. Eligibility and Participation in the Program
1. The Program is only open to Participants who:
(a) are legal residents of Canada;
(b) are at least the age of majority in their jurisdiction; and
(c) have received a prescription from their veterinarian for a Product.
The Program is void where prohibited by applicable laws.
2. Participation in the Program constitutes each Participant’s full and unconditional agreement to these program terms and conditions (the “Terms”) and representation that Participant meets the eligibility requirements stated. Those who do not comply with these Terms or who no longer meet the eligibility requirements listed above are prohibited from participating in the Program. Except as specifically provided in these Terms, the rights and obligations of the Participants will continue to be subject to the other terms and conditions of sale of the Products. The Terms take precedence over the provisions of other Elanco policies or other Elanco terms and conditions.
3. Registration. To enroll in this Program, each Participant must create an account by following the following steps:
(a) Visit www.barksnpurrsclub.com (the “Site”). The website is subject to the listed terms and conditions described on the Site.
(b) Complete and submit the profile form, including an email address and password. Participant will be required to confirm agreement to these Terms when they submit the profile form and register.
(c) There is a limit of one (1) program account per person/e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant.
4. Participant's Personal Information: By enrolling in this Program, Participants consent to the collection, use and disclosure of their personal information in accordance with the Elanco’s privacy policy available at https://privacy.elanco.com/en-us.
B. Duration, Modification and Termination
1. The Program begins on March 1st, 2023 at 9:00 a.m. Eastern Time and will continue until terminated by Elanco pursuant to the Terms. The Participants acknowledge that the earning of Points with respect to each Product is limited in time and that Elanco may determine which purchases of each Product qualifies for such Points.
2. Participants may join the Program at any time, as long as the Program is still operating. Elanco reserves the right to terminate the account of any Participant if it is discovered that the Participant does not meet the eligibility requirements of the Program or does not comply with the Terms, all existing Points will then be permanently deleted.
3. Unless prohibited by applicable laws, Elanco may amend any element of the Program at unilaterally, including without limitation the elements listed below, upon prior written notice of at least sixty (60) days to the Participants in compliance with applicable laws:
(a) The eligibility requirements for participation in the Program;
(b) The method of and conditions for earning Points;
(c) The method of redeeming Points and the conditions under which they can be redeemed;
(d) The applicable time limit for the expiry of Points or any condition that may lead to the closure of a Participant’s account; and
(e) The conditions under which Points may be transferred from a Participant to another person.
A notice of amendments to the Terms may be posted online on the Site and transmitted by email. The notice of amendments will indicate any new and amended provisions of the Terms and the date on which the amendments become effective.
4. In the event that Elanco decides to terminate the Program, the Participants will receive a sixty (60) days’ prior notice informing them of termination of the Program and giving them the opportunity to redeem the Points.
5. For greater certainty, upon termination of the Program or the termination of these Terms for any Participant, all Points shall immediately expire.
C. Earning Points After You Have Enrolled
1. Earning Points. There are two (2) different types of Points that can be earned: (a) Product Points, and (b) Rebate Points. By purchasing certain Products, the Participant will earn Product Points while by purchasing certain other Products, the Participant will earn Rebate Points. You cannot earn both Product Points and Rebate Points for the same Product.
“Product Points” mean Points that (a) are earned by submitting to the Site the Participant’s veterinarian receipt for the purchase applicable Products, and (b) can be redeemed on the Site for time-limited coupons for redemption at a veterinarian for an applicable Product within a specific period of time (a “Reward”).
“Rebate Points“ mean Points that (a) are earned by submitting to the Site the Participant’s veterinarian receipt for the purchase of applicable Products, and (b) can be redeemed on the Site for digital gift cards (the “Cards”).
Details about which Products qualify for Product Points and which Products qualify for Rebate Points, along with additional Terms that apply to earning and redeeming such Points, are set out here: Barks n Purrs club benefits page. Please note that such additional Terms may include restrictions on when Points can be earned or redeemed.
In order to earn Points, Participants must submit to the Site their veterinarian receipt for the purchase of applicable Products.
2. Points can be redeemed on the Site once the applicable eligibility requirements for redemption are met.
3. All Points redemptions are final and the Points will be deducted immediately from Participant’s account.
4. No exchange or refunds will be provided on any Reward.
5. Hand written receipts will not be accepted as proof of payment.
D. Points Value, Forfeiture of Points & Viewing Points
1. No Cash Value or Transferability. Points do not constitute property, do not entitle a Participant to a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale or transfer of Points is strictly prohibited. Points may not be sold on any secondary market, and any transfer of Points to a secondary market shall be deemed void.
2. Points Expiration. At the beginning of each month Elanco will expire Points in any Participant’s account where Participant has been inactive from the Program for at least twelve (12) months. To maintain an active status and avoid Point expiration for such inactivity, a Participant must either take one (1) action to earn Points or take one (1) action to redeem Points. Upon termination of the Program or the termination of these Terms for any Participant, all Points shall immediately expire.
3. Accrued Points Viewable. The number of Points earned by each Participant will be tracked in the Participant’s account. However, each Participant will have the responsibility of ensuring that the Points are properly credited. Any claim for Points not credited accurately must be received by Elanco within seven (7) days of the date of claimed accrual of such Points. Manual issuance of Points can take up to fifteen (15) days. Elanco shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries or Participant account. Elanco reserves the right to require proof of accrual of Points and Elanco reserves the right to delay the processing or redemption of any Points without prior notice to Participants in order to assure compliance with these Terms.
4. Points Removed When Invalid: Elanco reserves the right to invalidate Points from a Participant account if it determines that such Points were improperly credited or obtained fraudulently. Fraudulent behavior includes but is not limited to any attempt to earn Points in a manner inconsistent with the Points earning activities described above in Section C. Examples of fraudulent behavior include but are not limited to creating multiple accounts for this Program. Without limiting any other remedies, Elanco may suspend or terminate a Participant’s account if Elanco suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Terms. Any failure to abide by these Terms, any conduct detrimental to Elanco, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Elanco in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date.
5. Participant is Responsible for protecting Account: Participants are responsible for maintaining the confidentiality of their accounts and passwords and for restricting access to their devices and activity on their account, and Participants agree to accept responsibility for all activities that occur within their account.
E. Obligations
1. Elanco reserves the right to suspend or discontinue the eligibility of any person who uses or is suspected of using the Program in a manner inconsistent with these Terms or any applicable laws. In addition to suspension or discontinuance of Program eligibility, Elanco shall have the right to take appropriate administrative and/or legal action against such persons.
2. Any attempt by a person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Elanco may seek damages from any such person to the fullest extent permitted by law. Elanco’s failure to enforce any of these Terms shall not constitute a waiver of this, or any other provision.
3. Elanco is not responsible for any incorrect or inaccurate information supplied by Participants for the Program.
4. Participants are responsible for the payment of all taxes which may result from participation in the Program.
5. Participants are responsible for maintaining updated contact information on the Site.
6. Elanco is not responsible for lost, late, stolen, misdirected or illegible correspondence.
F. Limitation of Liability
1. Elanco and its parent companies, affiliates, subsidiaries, agents, and contractors, and each of their respective personnel, officers, directors, employees, shareholders, and successors, assigns, and service providers (collectively, “Elanco and its Representatives”) are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, on the Site or any combination thereof.
2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Elanco and its Representatives from and against any claims, liabilities, damages, and expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party. Elanco cannot be held liable for any claims, liabilities, damages, expenses, fees, losses, costs, delays, or incidents (including compensatory, incidental, indirect, punitive, or exemplary damages or damages resulting from loss of revenues or profits) that may arise directly or indirectly from: (i) unauthorized use of the Participant’s account or access to Participant’s account; (ii) any offer, representation, declaration, or claim made by a third party to the Program, including payment networks and any issuer of the Cards; (iii) the redemption of Points, or the purchase or use of products or services provided by a third party including payment networks and any issuer of the Cards; (iv) any action or omission by any veterinarian, any prescription or clinical advice received by the Participants, and any actions or omission taken by the Participants in respect of such prescription or clinical advice. By participating in the Program, the Participants confirm that their purchase of the Products is compliant with any prescription or clinical advice they have received. The liability of Elanco towards the Participant or any other person benefiting from Points earned by the Participant will be limited to adding the number of Points used in such circumstances, if any, to the Participant’s account.
SECTION 3 AND 4 ARE NOT APPLICABLE IN QUEBEC
3. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL, ELANCO AND ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPATION IN THE PROGRAM OR ANY PURCHASED OR REDEEMED ITEM, EVEN IF ANY OR ALL OF THE FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Elanco and its Representatives are not responsible for any products or services offered on the Site, including any Card. ELANCO SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE PROGRAM, INCLUDING THE CARDS. Those include any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance.
E. General
1. As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved exclusively by the appropriate court located in the City of Toronto in the Province of Ontario. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, Participant’s rights and obligations, or the rights and obligations of Elanco in connection with the Program, shall be governed by, and construed in accordance with, the laws in the Province of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules (whether of the province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario and the laws of Canada applicable therein.
2. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
