The following terms and conditions of service (these "Terms and Conditions") govern your access to and use of the InfoProtector® 360 benefits ("Benefits").
"You", "Subscriber" and "Your" refer to the individual who subscribed to InfoProtector® 360, as indicated on Your enrolment confirmation email or letter ("Welcome Communication").
"Sigma", "We", "Us" and "Our" refer to Sigma Loyalty Group Inc.
InfoProtector® 360 benefits are provided by Sigma unless otherwise indicated in these Terms and Conditions.
Your Subscription is effective as of the enrolment date indicated on Your Welcome Communication. You are eligible to receive Benefits as long as Your Subscription remains current. Eligibility for the Benefits also requires You to be a current InfoProtector® 360 subscriber ("Subscriber") at the time the applicable event occurs. You may be only eligible for certain benefits outlined below based on the nature of your subscription defined in the Benefit Guide.
Charge for the Product/Service
Your Subscription fees, as indicated in Your Welcome Communication or as subsequently updated by Us on notice to You ("Fees"), will be charged in advance monthly to the payment account with which You registered for InfoProtector® 360.
To ensure uninterrupted service, Your Subscription will automatically renew until You cancel. Your credit card will be charged at the then current rate on the renewal date.
Cancellation by You:
If You are not completely satisfied with Your Subscription You may cancel at any time by telephone, fax, or email and Your Subscription fees will be stopped. Not applicable to residents of Quebec: Cancellation will be effective as of the last day of the current billing cycle or 30 days after the notification is received, whichever is earlier. Applicable only to residents of Quebec: Cancellation will be effective as of the date notification is received or a future date that You request, whichever is later. You will be refunded for the portion of Your Subscription fees not completed as of the cancellation date.
Cancellation by Us:
Your Subscription may be cancelled if Your account is not in good standing or if the Fees are not paid, or if You are found to be engaging in fraud or otherwise misusing the Benefits. We reserve the right to terminate subscriptions for any reason on 60 days prior written notice. It is the Subscriber's responsibility to notify InfoProtector® 360 if the Subscriber changes his/her address or email contact information.
Information provided by You
Your email address is required in order to fulfill certain online servicing of the InfoProtector® 360 features. You are responsible for ensuring InfoProtector® 360 has an accurate email address on file. Sigma expressly disclaims any and all responsibility and liability for online servicing if the email address on file is inaccurate.
You may be required to provide information in certain specified formats or methods to receive certain Benefits. You acknowledge and agree that Sigma is not responsible for failure to provide Benefits or for data compromised as a result of Your failure to provide information using the requested formats or methods.
Information Protection Services
Lost Card / Phone Report:
From the time You report the loss or theft of a payment card or mobile phone (each, an "Item", collectively "Items") to InfoProtector® 360, You are covered against any subsequent fraudulent charges to the Item until the theft or loss is reported to the issuer by InfoProtector® 360, provided that the following conditions are met: (a) Your Subscription must be continuously in effect from the time such Items are lost or stolen until and including the time that the loss or theft is reported to InfoProtector® 360, (b) You must have taken reasonable precautions not to disclose the applicable Personal Identification Number (PIN) or lock code to any other person, and have kept it strictly confidential and separate from the Items, (c) the fraudulent charges must be incurred in respect of the Items that were indicated lost or stolen at the time of the initial report. Subject to the regulations of the applicable issuer, InfoProtector® 360 assumes responsibility for notifying issuers of the loss, and will request replacement on Your behalf wherever possible. If the issuer will not honour the request, You will receive a call-back notifying You that We are unable to complete the request. You are responsible for remaining reachable by Us after reporting the loss/theft. You are eligible to use this service even if You have not registered Your information with InfoProtector® 360 beforehand, provided you meet conditions (a)-(c) above. You are solely responsible for ensuring that InfoProtector® 360 has accurate contact information on file.
We are not responsible for errors in processing by Your service provider, and expressly disclaim any and all responsibility for providing services where You have not provided accurate information.
For You to be eligible for complimentary credit monitoring, You must have agreed to enroll in this service at the time You reported Card loss or theft to InfoProtector® 360.
Secure Online Vault / Online Monitoring:
All information registered by You with InfoProtector® 360’s secure online vault is subject to online monitoring, where applicable. Use of the Online Monitoring Service and any information received through the Online Monitoring Service are entirely at Your own risk. There may be inaccuracies in content or delays in identification of reportable incidents and/or delivery of notification. You are responsible for reviewing the content provided, and assessing whether to take action. You are also responsible for payment of fees or charges levied by any third-party (including Your Internet provider) to allow You to view content.
To be eligible for reimbursement of up to $5,000 in actual out of pocket expenses per Subscription year, You must be a confirmed victim of identity fraud. Compromised data must have been identified by the Online Monitoring Service and fraudulently used online. Applicable legal documentation as requested by Us, such as a copy of the police report, must be provided. To be entitled to receive any reimbursement, Your Subscription must be in effect continuously from the time misuse of your Personal Information was identified by the Online Monitoring Service until and including the time that you request such payment from InfoProtector® 360.
Device Protection Services
Rebound Mobile Service:
Device Tune-Up Reimbursement:
This benefit allows You to be reimbursed up to seventy-five dollars ($75.00) per subscription year towards the cost of keeping your personal devices tuned up and secure. Device includes personal mobile device, tablet device and desktop or laptop computer. This reimbursement can be applied towards the protection of any of Your personal devices, but in no event shall Sigma’s liability exceed the reimbursement amount stated above across all personal devices. You must be an active subscriber of InfoProtector® 360 on the date indicated on the receipt or invoice right through to when the request for Reimbursement is received by us. You must submit all valid receipts or invoices along with proof of payment suitable to us (e.g. sales receipt, invoice, etc.) in order to process your request. Processing time will take between 4 to 6 weeks from the date the request for Reimbursement is received. Your request for reimbursement must be submitted within thirty (30) days from the date of the device tune-up being performed or the device protection software purchase. Your name must be indicated on the receipt or invoice.
Online Data Backup:
You must register to receive this service on the InfoProtector® app. Online Data Backup is provided by a third-party provider and is subject to additional terms and conditions. You are responsible for carefully reading the full terms and conditions of the Online Data Backup software prior to downloading. Your access to the service and software may be withdrawn, amended or restricted, and if this is done, You are not entitled to any abatement/refund of Your Subscription Fee. Your data may be stored outside of Canada. On termination of Your Subscription for any reason, You have seven (7) days from the Effective Cancellation Date to remove Your stored data or You will no longer be able to retrieve it.
All the electronic documentation uploaded and stored on Your account "Content" is owned by You. We don't control, verify, or endorse the Content that You or others put on the Services. You are responsible for: (a) all Content You place in your InfoProtector® 360 account(s) and share through the Services and (b) making sure that You have all the rights you need to the Content. In addition, by storing, using or transmitting Content You cannot and will not violate any law or these Terms (please also see the Acceptable Use Policy below).
You agree to provide Sigma (as well as agents or service providers acting on Sigma's behalf to provide the Benefits) the right to transmit, process, use and disclose Content and other information which We may obtain as part of Your use of the Benefits but only: (i) as necessary for Us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, or (iv) to respond to an emergency.
Travel Protection Services
InfoProtector® 360 offers information related to health care, medical products and services and security information. This material is provided for informational purposes only and should not be used or relied upon for diagnosis, treatment, safety or other purposes. Your reliance on any of the content in InfoProtector® 360 is solely at Your own risk. In the event of an emergency You should seek immediate assistance from the nearest qualified health care provider, emergency service and/or Canadian or other, embassy. Sigma shall not and does not accept any liability in respect of any activities that You may undertake through using the service.
To be eligible to receive emergency services You must be stranded at least 250 km away from home and have reported Your cards as lost or stolen within the last 24 hours. The advance of funds to provide you with cash or airline tickets cannot exceed the greater of One Thousand Dollars ($1,000 Canadian Dollars) or the available credit limit on Your credit cards. This amount must be paid back within thirty (30) days and may be subject to additional fees. Emergency cash cannot be sent to the following countries: Burma/Myanmar, Cuba, Iran, North Korea. This list is subject to change as Our third-party providers may periodically change the destinations where they are able to transfer funds. Speak with Our representatives for confirmation by calling 1-866-514-6655 or 416-734-3904 toll-free. These limits fees and conditions may be subject to change and will be updated per the Terms of this agreement.
Sale Price Guarantee:
This benefit allows You to be reimbursed for the difference between what You paid for an item and its lower advertised price, inclusive of taxes. The purchased item must have been advertised in print at a lower price within ninety (90) days of the original purchase date, and must have been charged to the payment account to which Your Subscription is charged. You are eligible to receive up to two hundred dollars ($200.00) for any one event, up to a maximum of four hundred dollars ($400.00) per Subscription year. You must submit Your request for reimbursement, along with Your original receipt and the print advertisement of the purchased item, within thirty (30) days of the sale price being advertised. In no event shall Sigma’s liability exceed the reimbursement amounts stated above.
Alerts are provided for Your convenience only, and any alerts received and managed are entirely at Your own risk. There may be inaccuracies in content or delays in identification or notification of alert events. Sigma cannot and does not accept any liability in respect of the content or timeliness of alerts received unless otherwise indicated in these Terms and Conditions. You are responsible for reviewing the alert provided, and assessing whether action is required. You are also responsible for payment of fees or charges levied by any third-party (including Your Internet or Mobile provider, etc.) to allow You to view content. Alerts will be stored for no more than 30 days unless otherwise indicated by Us. After 30 days, all alerts will be deleted and irretrievable. Alerts will only be provided if Your settings have been configured to allow it. Please refer to your InfoProtector® app to ensure Your settings are up-to-date.
Acceptable Use Policy
You agree You will not, nor will You encourage others or assist others, harm InfoProtector® 360 or use InfoProtector® 360 to harm others. For example, You must not use the Benefits to harm, threaten, or harass another person, organization or Sigma and/or to build a similar service or product/service. You must not: (a) damage, disable, overburden, or impair the Benefits (or any network connected to the Benefits); (b) resell or redistribute the Benefits or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Benefits or attempt to carry out these activities; (d) make, copy or create derivative works of InfoProtector® 360 (e) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile or translate InfoProtector® 360; (f) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Sigma) to access or use the Services; (g) use the Services beyond the features allocation and amounts provided in the Benefits; (h) use the Benefits to violate any law or distribute malware or malicious Content; or (i) distribute, post, share information or Content You don’t have the right to or is illegal.
All dollar amounts provided in the Terms and Conditions, Benefit Descriptions, Welcome Communication or on InfoProtector® 360 are in Canadian Dollars.
We reserve the right to modify these Terms and Conditions from time to time in accordance with applicable laws. We also reserve the right to modify the Benefits included in Your Subscription as well as associated pricing. We reserve the right to subcontract any of the Benefits and services included in Your Subscription to a third-party service provider. This agreement (as may be amended from time to time) and the supporting documentation contained in Your Welcome Communication constitute Our entire agreement with You. If there is any inconsistency between the supporting documentation and these Terms and Conditions, these Terms and Conditions will prevail.
All services provided as part of Your Benefits ("Services") are offered "AS-IS". We make no warranties or representations, either express or implied, and expressly disclaim any and all liability (including damages), in relation to the provision of the Services. In addition, We do not represent or warrant that applicable call centres, websites or online resources will be available and meet Your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other destructive code will be transmitted or that no damage will occur to Your computer system. You have sole responsibility for Your data and/or equipment protection and backup and for taking reasonable and appropriate precautions.
InfoProtector® 360 includes links to and from apps and websites operated by third parties. Links to or from apps and websites are for convenience only. Sigma does not review or control, and is not responsible for, the content or policies of any linked websites.
You agree to indemnify, save, defend and hold harmless Sigma, its parents, subsidiaries, affiliates, successors or assigns, and their directors, officers, employees, agents, representatives and third-party service providers from and against any and all claims, costs, expenses, demands, damages, lawsuits, fines, penalties and liabilities, including, without limitation, interest, penalties, court costs, and attorneys' fees to the extent resulting or arising from any breach of this Agreement including but not limited to Your fraudulent conduct or misuse of the Benefits.
To the extent permitted by applicable law, unless We agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to these Terms and Conditions, the Services, statements, promotions or advertisements relating to the Services or these Terms and Conditions will be determined by final and binding arbitration to the exclusion of the courts. That being said, the aggregate liability of Sigma and its affiliates, officers, resellers, employees, agents, suppliers or licensors, relating to the services will be limited to the greater of: (a) one times the most recent monthly or annual fee that You have paid for that Service; or (b) One Hundred Dollars ($100 Canadian Dollars). The limitations and exclusion also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose.
Headings are for convenience only and shall have no effect on the construction or interpretation of these Terms and Conditions.
This Agreement is governed by the laws of Your Province or Territory of residence and Canada.
By paying Your Fees, You are deemed to have read and accepted the terms and conditions of this agreement as of the date Your payment is processed.
How to contact Us:
FOR GENERAL INQUIRIES
PO Box 1700, Postal Station D
Toronto, Ontario M9A 5C7
Telephone Number: 1-866-514-6655 or local 416-734-3904 Fax Number: 1-800-565-2945
Credit Alert® Plus
Use of the Service. You may not use the Service unless you are eighteen years of age or older. Any information you provide to us must be true, accurate, current, and complete. You shall not use the Service for any illegal purpose, and you shall abide by all applicable federal, provincial, local and international laws and regulations. The Service is for your personal use only, and not for commercial purposes. You may not use the Service to obtain information about or make decisions about anyone but yourself. You are solely responsible for any reliance by you on the Service or other use you make of the Service.
Personal Information Authorization. As needed to provide the Service to you, you authorize and instruct us to obtain, monitor and compile your credit information from one or more credit reporting bureaus or agencies, and other of your personal information for the purpose of providing the Service to you.
Credit Reports and Scores. The Service is not intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to you. Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your credit report is inaccurate you have the right to dispute it by contacting the credit bureau directly. Any credit score provided as part of the Service is provided to us by one of the credit bureaus in Canada and is not developed or created by us. Lenders and other creditors may use a different score to evaluate a person's creditworthiness. Each lender or other creditor has specific underwriting standards, so a person should not assume that he or she will receive the same evaluation, credit terms or conditions from each lender or creditor. We do not provide the Service, or any advice or assistance, for the purpose of improving your credit report, credit history or credit score.
Your Account. Registering as an online user or subscriber with the Service requires both a user name and a password, and certain portions of the Service may require use of multiple one time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of this Service and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. You must immediately change your user name and/or password as soon as you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.
Fees and Charges. You authorize us to charge your credit card or other account that you have designated $19.99* each month. The Service is available for your use immediately upon enrollment. Billing will commence approximately 45 days following your enrollment. Monthly, annual and other periodic or renewal fees will be charged at the then current rate. To ensure uninterrupted service, your subscription will automatically renew until you cancel. You may cancel the Service at any time by calling the toll free number provided by us. You have the right to cancel your subscription without fee or penalty at any time.
*Applicable taxes are HST for ON 13%, PEI, NL, NB, NS 15% with the remaining provinces at GST 5% plus QC QST 9.975%. All tax rates are subject to change by the applicable regulatory authority. Sigma Loyalty Group Inc. GST /HST # is 76234 8522 RT0001, QST # is 1224069720-TQ0001
Export Restrictions. The Service is only available for purchase by residents of the United States of America (the "U.S.") or Canada. Further, you understand and acknowledge that you may not sign up for the PRIVACYPROTECTSM portion of the Service, or download the PRIVACYPROTECTSM software, from countries outside of the U.S or Canada. You agree to abide by U.S. and other applicable export control laws and not to transfer the Software to a national destination or person prohibited under such laws. Further, you acknowledge that the Software includes encryption software that may be subject to export, import, and/or use controls. Accordingly, in no event may the Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, former Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
Exclusion of Representations and Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS ONLY. NEITHER WE, NOR ANY LICENSOR OR THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, MAKES, AND EACH EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR ARISING OUT OF COURSE OF DEALING OR USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY OR THAT THE SERVICE IS ERROR FREE OR SECURE. THE SERVICE CONTAINS INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY CREDIT REPORTING AGENCIES OR OTHER THIRD PARTY DATA PROVIDERS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND WE HAVE NO LIABILITY FOR SUCH FAILURE. NEITHER WE NOR ANY THIRD PARTY DATA PROVIDER SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY NON-DELIVERY, DELAYED DELIVERY, OR THE MISDIRECTED DELIVERY OF AN ALERT, UPDATE OR OTHER INFORMATION, INACCURATE OR INCOMPLETE INFORMATION IN AN ALERT, UPDATE OR OTHER INFORMATION, OR YOUR RELIANCE ON OR USE OF ANY ALERT, UPDATE OR OTHER INFORMATION. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. ANY SOFTWARE, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY INJURY, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Limitations of Liability. IN NO EVENT MAY WE, OR ANY LICENSOR OR THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICE OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICE, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE MAY NEVER EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE MONTHS PRIOR TO THE DATE YOUR CLAIM ARISES. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Trademark and Copyright. © Intersections Inc. 2016. All rights reserved. INTERSECTIONS, CREDIT ALERT and PRIVACYPROTECT are trademarks or federally registered trademarks of Intersections Inc. The following are trademarks of third parties: Equifax is a registered trademark of Equifax, Inc.; TransUnion is a registered trademark of Trans Union of Canada, Inc.; and other trademarks are trademarks of their respective owners. The PRIVACYPROTECTSM Software is provided to you by us under a license from StrikeForce Technologies, Inc.