Axis Rewards Terms and Conditions

  1. This document contains very important information regarding your rights and obligations, as well as disclaimers, limitations, conditions, and exclusions that might apply to you. Please read these Rewards Program Terms and Conditions (the "Terms") carefully. By participating in the Rewards Program being offered by Axis Auto Finance ("Axis", "we", "us", "our"), participants agree to be bound by these Terms.
    1. Acceptance and use of the Axis Auto Finance Reward Canada Prepaid Mastercard® (the "Card"), is also subject to third-party terms and conditions, such as the prepaid Mastercard® cardholder agreement, agreements that may come with the Card, and third-party privacy policies. We do not accept any responsibility or liability for these third-party terms and conditions and privacy policies and encourage you to read these terms and conditions and privacy policies.
    2. The Card is intended for participants in the Rewards Program and may not be resold or transferred without the prior written consent of Axis.
  2. Disclaimers
    1. We do not manufacture or control the Card. The availability of the Card does not indicate an affiliation with or endorsement of the Card or any product, service, or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the Card.
    2. THE CARD IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
    3. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
    4. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.
  3. Indemnification.
    1. All participants in the Rewards Program must release, discharge and hold harmless Axis, its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of the Rewards Program ("Released Parties") from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a Card, suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third-party contractor or supplier used in connection with any aspect of the Rewards Program to perform or deliver any goods or services, any act of God or any other event beyond Axis's control, any dissatisfaction of any kind by another Card recipient or Rewards Program participant with any aspect of the Rewards Program, liability for physical injury, death, or property damage which the participants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out participation in the Rewards Program and/or in connection with the acceptance and/or exercise by the recipients of the Card; and indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by participants with any of the Terms or participation in the Rewards Program and/or in connection with the acceptance and/or exercise by any participant of a Card.
    2. All participants in the Rewards Program hereby, indemnify and save harmless the Released Parties from any income taxes, employment insurance premiums, Canada Pension Plan contributions, health tax levy liabilities, penalties, charges, interest and costs assessed or imposed against the Released Parties arising from or in respect of the payment by the Released Parties under the Rewards Program.
    3. Axis is not responsible for: (i) incorrect or inaccurate information that may affect a person's ability to participate in the Rewards Program or be given a Card, including but not limited to human error, technical malfunctions, lost or delayed Cards for any reason, mail failures, omission, or any combination thereof, and participants who fail to fully comply with these Terms; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, damaged, or misdirected Cards (iv) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Rewards Program or receipt or use or misuse of any Card; (v) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vi) late, lost, misdirected or unsuccessful efforts to notify a potential Card recipient.
  4. Limitation of Liability.
    1. IN NO EVENT SHALL AXIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    2. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE CARDHOLDER'S UNUSED BALANCE AT AXIS'S SOLE DISCRETION.
  5. Privacy. Our Website Privacy Policy ("Privacy Policy") governs the processing of all personal data collected from you by us in connection with the Rewards Program. You acknowledge that by participating in the Rewards Program, you have reviewed and agree to the Privacy Policy.
  6. Other Conditions. Axis reserves the right, in its sole discretion, to terminate or amend the Rewards Program at any time and in any way, without prior notice to participants, and for any reason whatsoever. Without limiting the foregoing, if, for any reason, the Rewards Program is not capable of running as originally planned for any reason, Axis reserves the right to cancel the Rewards Program.
  7. Intellectual Property. Unauthorized copying or use of any of Axis' intellectual property without the express written consent of Axis is strictly prohibited.
  8. This card is issued by Peoples Trust Company under license from Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. The English Language controls the meaning of the content provided herein. The Content contained above has been translated into French for your convenience only. The translation may not accurately represent the meaning of terms, conditions and representations presented in the English Language.