Terms of Use

Last Updated: January 9, 2019

These Terms of Use (“Terms”) govern your use of the Club Sunrise Loyalty App (“Club Sunrise App” or the “App”). By downloading, installing and using the App on your Smart phone you, the user, acknowledge and agree to the following terms and conditions, as well as to the terms of the Sunrise Records Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE OR ACCESS THE APP.

I. Program Overview

Club Sunrise is the Sunrise Records Ltd. (“Sunrise Records”, “us” or “we”) customer loyalty program (the “Program”). Rather than your usual points card, Club Sunrise is inspired by the stamp cards of yore, but digitized. There is no physical membership card involved. Instead, the entire program is hosted through the Club Sunrise App. The concept is simple: get the app, collect stamps, and save.

When you purchase eligible products at Sunrise Records stores throughout Canada, you will receive in-App digital stamps (“Stamps”), which can be accumulated on your device and redeemed for rewards at Sunrise Records stores. Stamps can only be earned by making in-store purchases at Sunrise Records.

Each receipt may only be submitted once to earn Stamps. Stamps are not transferrable.

The App allows you to scan and upload your receipts from purchases at a Sunrise Records store. Scans are performed by using your mobile device’s camera to take a photo or your receipt. Generally, you will receive one Stamp for every $20 spent, based on the total amount spent, before taxes, as calculated on each individual receipt. For example, if your transaction totals $24.99 before tax, you receive one stamp. If your transaction totals $48.99 before tax, you receive two stamps. You need 15 stamps to fill a stamp card. Once you fill a card, you will immediately receive a coupon in the Rewards section of your app.

On occasion, you will be able to earn bonus stamps upon the purchase of selected products, or through playing in-App games. And Sunrise Records will also run occasional special stamp days, such as “double stamp” promotions – so watch your notifications for these special chances to earn additional rewards.

When a stamp card is full, a $5 coupon appears in the Rewards section of the App, which may be used toward future purchases at any Sunrise Records location. Rewards are issued in $5 increments only, based on a full stamp card. Individual stamps cannot be redeemed for a coupon or store discount.

Once a reward appears, the App will prompt you to decide if you want to redeem the reward immediately or later. Wait until you are at the register to redeem your coupon. Once a reward is redeemed, it is gone forever!

To redeem, tap ‘Redeem Now’ on the App, and a countdown timer will appear. You have 3 minutes to present your reward to a cashier. Once the cashier has applied the discount to your purchase, they will instruct you to tap “Complete” to finalize the redemption.

If for any reason, you need to return an item that you purchased, and with respect to which you had earned Stamps, the associated Stamps will be removed from your account. If the returned item was itself purchased using a redeemed coupon, the appropriate number of refunded stamps will be credited back to your account, but may take 3-5 business days to display on the App.

If unused, each coupon that you receive will expire one year (365 days) after receiving it.

The App uses iBeacon technology, a wireless protocol developed by Apple that allows portable electronic devices to perform various actions when in close proximity to iBeacon-compatible transmitters. Sunrise Records uses iBeacon technology to know when a user that has the Club Sunrise App installed on their device and location services enabled for the App is in a Sunrise Records store. For users that allow both GPS location services and push notifications for the App when they create their account, the iBeacon technology allows Sunrise Records to send notifications to that user’s device, including promotion details, bonus offers, product features and rewards reminders. These features may be disabled at any time through the app settings on your device.

If you have further questions about how the App or the Program work, please see our Customer FAQs. If, after reviewing our FAQs, you are still having trouble, you may contact our Customer Service team by email at club@sunriserecords.com.

II. Eligibility and Registration

Anyone can join Club Sunrise, but in order to participate in the Program, you must download and sign-up for the App, available for download free of charge on Google Play (for Android devices) and the App Store (for Apple devices).

You will be asked to provide your name, email address, mobile phone number, postal code (optional) and a password to access and use the App. You agree to provide accurate and complete information in order to register for the App and keep such information up to date. You are solely responsible for the activity that occurs on your online account. You agree to keep your account password secure and to notify us immediately of any suspected breach of security or unauthorized use of your online account.

In order for a receipt to upload and to earn Stamps, the barcode and the 10-digit transaction number at the bottom of your receipt must be clearly visible. If these are not visible or have been ripped or otherwise removed from your receipt, you will not be able to earn Stamps for that purchase.

In activating the App, you must provide us with your first and last name, email address, and mobile phone number. You must also choose a password.

III. Privacy

Any personal information you provide to us through the App will be used for the purposes of administering the Program, including to provide you with earned rewards and, at your option, on-device notifications relevant to the Program. For more information on the manner in which we use your personal information, see our Sunrise Records Privacy Policy and Club Sunrise Loyalty App Privacy Notice.

IV. Ownership and Grant of Rights

The App is owned and operated by Sunrise Records. Any all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the App (collectively, the “Content”) contained in the App is proprietary to Sunrise Records. The Content is protected by Canadian copyright, trademark and other intellectual property laws.

Sunrise Records hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.

The Club Sunrise App is provided by Sunrise Records solely for your personal use, and may not be used for commercial purposes.

V. Fair and Responsible Use

In your use of the App and the Program, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:

  1. violate any applicable law or regulation;
  2. infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights;
  3. use the rewards available through the App for any unauthorized or unlawful purpose;
  4. interfere with or damage the App, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents;
  5. use the App to transmit, distribute, post or submit any information other than receipts from Sunrise Records purchases;
  6. use the App under a false identity, or forge or otherwise manipulate identifying information in order to disguise or mislead others about the origin of any material transmitted by you in respect of the App;
  7. infringe on the intellectual property rights of Sunrise Records or any third parties in any manner;
  8. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App;
  9. use the App other than as permitted by these Terms; and
  10. assist any third party in doing any of the foregoing.
Sunrise Records retains the right, at its sole discretion, to deny use of the App to anyone, at any time and for any reason, including, but not limited to, for violation of these Terms. You will cease and desist from using the App immediately upon request by Sunrise Records to do so.

VI. Operating System Specific Terms

The following additional terms and conditions apply with respect to the App designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and Sunrise Records only, and not with Apple, Inc. (“Apple”).
  • Your use of Sunrise Records’ iOS App must comply with Apple’s then-current App Store Terms of Service which can be found at http://www.apple.com/legal/internet-services/itunes/us/terms.html.
  • Sunrise Records, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that Sunrise Records, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that Sunrise Records, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. Government or the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government or Canadian Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Sunrise Records’ iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to the App designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and Sunrise Records only, and not with Google, Inc. (“Google”).
  • Your use of Sunrise Records’ Android App must comply with Google’s then-current Android Market Terms of Service which can be found at https://www.google.com/mobile/android/market-tos.html.
  • Google is only a provider of the Android Market where you obtained the Android App. Sunrise Records, and not Google, is solely responsible for Sunrise Records’ Android App and the services and content available thereon. Google has no obligation or liability to you with respect to Sunrise Records’ Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Sunrise Records’ Android App.

VII. Limitation of Liability, Indemnity

THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR LIMITATIONS OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Your use of the App constitutes your agreement that you waive and will not assert any claims or allegations of any nature whatsoever against Sunrise Records, or any business partners and all of their directors, agents or staff in any way relating to your use of the App or Program. This also means that you will not claim or allege an infringement of proprietary rights, any inaccuracy of the App, or allegations that any person or entity has or should protect you from any claim or allegation arising from your use or other exploitation of the App or Program. You use the App at your own risk. Without limitation of the foregoing, Sunrise Records will not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of opportunity, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the App, including without limitation any damages caused by or resulting from your reliance on the App or information accessible via the App or through the Program, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the App and all warranties, guarantees, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law. In no event shall the aggregate liability of Sunrise Records, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Service exceed the cumulative sum paid by you for access to or use of the App during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless Sunrise Records and the other persons referred to before from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Service, including any claims made by any person that any information you have provided to Sunrise Records damages their reputation or defames them or infringes the rights, including the intellectual property rights, of any third party.

VIII. Applicable Law

The App is operated by Sunrise Records from its site in Ancaster, Ontario. You and Sunrise Records both benefit from establishing a predictable legal environment in regard to the App. Therefore, you and Sunrise Records explicitly agree that except where prohibited by law, which may include the Province of Quebec, all disputes, claims or other matters arising from or relating to your use of the App will be governed by the laws of Ontario and the national laws of Canada applicable therein. You irrevocably attorn and submit to the exclusive jurisdiction of the Ontario courts situated in the City of Toronto and waive any objection to the venue of any proceeding in such court or that such court provides an inappropriate forum.

IX. Changes, Updates

Sunrise Records reserves the right to modify or alter the terms and conditions of its Program at any time.

You acknowledge that Sunrise Records may from time to time issue updated or upgraded versions of the App, and may (subject to your device settings) automatically electronically update or upgrade the version of the App that you are then currently using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and Sunrise Records and its third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App. You should contact your mobile phone carrier if you want to find out what standard carrier charges may apply.

Sunrise Records has the right to change these Terms of Use at any time.

X. Miscellaneous

Sunrise Records does not warrant that the App will be compatible with your mobile device, or with future updates to the operating system of your device.

These Terms, together with our Club Sunrise Loyalty App Privacy Notice, contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. These Terms shall be binding on the parties, their successors and permitted assigns. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. The headings used in these Terms are for convenience only and shall not be deemed to define or limit the content of any provision of these Terms. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Sunrise Records may assign any or all of its rights under these Terms to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms without the prior written consent of Sunrise Records, and any such attempted assignment will be void and unenforceable.

For Quebec residents, the parties to these Terms hereby confirm their express wish that these Terms of Use, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms of Use be in the English language only and declare themselves satisfied with this; les parties aux présentes conditions confirment leur volonté expresse de voir la présente convention, de même que tous les documents qui s’y rattachent, incluant, mais non de façon limitative, tous les confirmations, avis, renonciations, consentements et autres communications entre les parties, rédigés en langue anglaise seulement et s’en déclarent satisfaites.

XI. Contact

If you have any questions or comments regarding these Terms of Use please contact us at privacy@sunriserecords.com.