My Rewards Offers Terms of Use (“Agreement”)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE MY REWARDS OFFERS HUB (“Hub”)
By accessing and using the Hub, you agree to this Agreement and to us communicating with you via email. This Agreement sets out the terms and conditions for accessing promotional Offers on the Hub, including eligibility requirements, how to access, how we communicate with you, and how we may collect, use, or share your personal information. This Agreement is between you and The Toronto-Dominion Bank (“TD”).
You also agree that the terms and conditions of the TD Rewards Program Terms and Conditions, TD Cash Back Program Terms and Conditions, Aeroplan Terms and Conditions for your TD Credit Card, Cardholder Agreement and Access Agreement (as applicable) will continue to apply to you unless otherwise amended by this Agreement.
You acknowledge having had the opportunity to review the terms and conditions that are specific to each Offer ("Offer Specific Terms") as provided by each independent third-party goods and/or services providers (each a “Merchant”) and you agree to the Offer Specific Terms. TD and its affiliates are not responsible whatsoever for operation of the Hub, including any purchase of merchandise and/or services made via the Hub.
In this Agreement:
- Account means the TD Credit Card account and/or the account associated with the Eligible TD Access Card that we open and maintain for the Primary Cardholder (in the case of TD Credit Cards) and/or account holder(s) (in the case of TD Access Cards).
- TD, we, our or us each mean The Toronto-Dominion Bank and its affiliates and.
- you, your or yourself each mean either, depending on the context, (i) the Primary Cardholder or the Additional Cardholder of a personal TD Credit Card Account; (ii) the Individual Borrower that is a Cardholder and/or an Additional Cardholder on a business credit Card Account; or (iii) the cardholder of the Eligible TD Access Card linked to the personal deposit Account.
Section One: Information About the Hub
The operation of the Hub platform is entirely the responsibility of, and is administered and managed by Capillary Brierley, Inc.** (“Capillary”),. The Hub is a platform that facilitates your access to promotional Offers, which are offered and provided to you by Merchants and/or by TD through EasyWeb and the TD mobile app. "Offer(s)" or "Offer Types" are benefits available through the Hub, fulfilled by Merchants and/or TD, which may include, but are not limited to, the provision of TD Rewards Points, vouchers, sweepstakes, giveaways, instant win, Gift cards, card linked offers, deals & discounts, bonus points or TD Cash Back Dollars, and statement credits. Further Offer details can be found at www.td.com/ca/en/personal-banking/products/td-offers
Section Two: Eligibility
2.1 Eligible Cards
To access the Hub, you must have (i) a valid email address on file with TD, and (ii) one of either a TD Access Card with a Visa Debit linked to a personal deposit Account ("Eligible TD Access Card") or one of the following "Eligible TD Credit Cards":
- TD Rewards Visa Card, TD Platinum Travel Visa Card, TD First Class Travel Visa Infinite Card, TD Business Travel Visa Card
- TD Aeroplan Visa Platinum Card, TD Aeroplan Visa Infinite Card, TD Aeroplan Visa Infinite Privilege Card, TD Aeroplan Visa Business Card
- TD Cash Back Visa Card, TD Cash Back Visa Infinite Card, TD Business Cash Back Visa Card
- TD Emerald Flex Rate Visa Card, TD Low-Rate Visa Card, TD Business Select Rate Visa Card TD Green Visa Card
2.2 Who on Your Account Can Access the Hub?
- For Eligible TD Credit Card Accounts, both the Primary Cardholder and any Additional Cardholder (for personal credit cards) and Cardholder, Individual Borrower and Additional Cardholder (for business credit cards) can access the Hub.
- For Eligible TD Access Cards, any Account holder on the same Account can access the Hub.
2.3 Restrictions on Eligibility
The following restrictions apply to your ability to access the Hub and Offers:
- Your Account that is used to access the Hub must be in "Good Standing" to be eligible to access the Hub, which means that you are following what you are required to do, or not do, under this Agreement and any other agreement applicable to your Eligible Card and/or Account, and, with respect to an Eligible TD Access Card, that the Account is active. If your Account is not in Good Standing, your access to the Hub may be cancelled.
- The Hub will not be available to you if you register your Account for an Offer and your registered Account is subsequently suspended, frozen, product transferred or closed prior to an earned benefit being issued.
- If you are below the age of 13 years old, you may not be eligible to receive some of the Offers displayed in the Hub.
- If you register for an Offer and subsequently replace your registered Card(s), for any reason, during the applicable Offer period, your participation in the Offer may require you to re-register for the Offer.
- Eligible Cards will vary by Offer and are subject to change.
- You can only activate one Offer Type per Card type.
- The following TD Credit Cards and TD Access Cards cannot access the Hub and Offers:
- TD U.S. Dollar Visa Card,
- TD Access Card without the Visa Debit logo
- Business Access Cards,
- all MBNA products, and
- all US (TD Bank Americas Most Convenient Bank) products.
Section Three: Offers
3.1 Offer Terms & Conditions
Offers made available to you on the Hub may be time limited and are subject to this Agreement as well as the terms and conditions for each specific Offer associated with the applicable Merchant and/or TD. Each Offer will have its own Offer Specific Terms in addition to this Agreement and can be viewed in the Hub.
3.2 Merchandise and Services Responsibility
Where Offers are fulfilled by a Merchant, each Merchant is responsible for its own merchandise and services, and we do not endorse or take responsibility for the quality or functionality of merchandise, or services offered by any Merchant through the Hub. We accept no liability in connection with the Offers fulfilled by Merchants, including for events beyond TD's control.
All merchandise and services are covered by the individual manufacturer’s warranty. We make no guarantees, warranties, or representations of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or otherwise, with respect to merchandise or services.
We are not responsible for any claims against third parties arising from the Hub or for any defect in any merchandise or service. Without limiting the generality of the foregoing, we are not responsible for any incidental, special, punitive, or consequential damages whatsoever with respect to merchandise or services.
TD has no responsibility for non-delivery of merchandise and/or services of a Merchant.
3.3 Limitation of Liability
We do not have any responsibility for, and will not be liable for, any loss or damage, personal injury, accident, delay, inconvenience, or irregularity which you or others may suffer with respect to the Hub, this Agreement, or any Merchant by reason of any act, default, nonperformance, or wrongful, careless, negligent, or unauthorized act or omission of Capillary**, TD, any Merchant, their respective employees or any third party.
You release us from all claims in respect of any loss or damage suffered by you or others that is caused by:
- Any actions or omissions of Capillary**, TD or any Merchant.
- Any problem with merchandise or services or with using merchandise or services;
- Loss or theft of your merchandise;
- Failure to receive your merchandise;
- Suspension or termination of the Hub and/or this Agreement.
Without limiting the generality of the foregoing, we are not responsible for any incidental, special, punitive, or consequential damages that may be incurred in connection with the Hub, this Agreement, any Merchant (including their employees), or any other third party, or in connection with any merchandise and/or services purchased through the Hub.
3.4 Offer Fulfillment
The benefit associated with an Offer will be provided to you directly or applied to your Account by the applicable Merchant, Capillary** or TD depending on the Offer Type. Offer Specific Terms will detail who will fulfill the Offer and when that Offer will be fulfilled.
Any returns and/or adjustments to a qualifying purchase may reduce or cancel the benefit applied to the Account.
Joint Accounts
You agree we may pay benefits to your Accounts at TD that you hold jointly with other persons. We may do this even if these Accounts are “all to sign” Accounts. These benefits will be visible to the other joint Account holders. This may allow them to infer what Offers and transactions you have participated in.
Once we pay benefits to a joint Account, each owner of that joint Account is an owner of, and may access and use, these benefits.
3.5 Non transferrable Offers
The Offers are non-transferable, non-exchangeable and cannot be redeemed for cash or other offers, unless expressly indicated in the applicable Offer terms.
3.6 Cancellation or Termination of Offers
Offers may be changed, extended, or withdrawn at any time without notice (except in Quebec). If we provide notice, we will provide it using electronic means.
We reserve the right, in our sole discretion, with or without notice, to suspend, disqualify, limit or revoke any Offer to any person or cardholder we find or believe to be manipulating or otherwise abusing the process, fairness, integrity or operation of any Offer, including any person whose overall client relationship with us is in our opinion not in Good Standing.
Section Four: Changes to this Agreement
At any time, we may change, replace, add or remove the Hub and/or any Section of this Agreement. This includes:
Section One: Eligibility
Section Two: Information About the Hub
Section Three: Offers
Section Four: Changes to this Agreement
Section Five: Communications
Section Six General Terms
Section Seven: Contact
Section Eight: Privacy and Consent
If we make any of these changes, we will notify you in writing. We will notify you at least 30 days before the change is in effect. We may deliver this notice electronically or any other way we choose, as long as it is permitted by law.
Your continuing use of the Hub, including opting into any Offer, following any changes will signify your acceptance of the changes.
If you don’t want to accept the changes, you can choose to opt-out of receiving communications regarding the Hub. You can do so without cost, penalty, or cancellation indemnity. To do so, you must notify us no later than 30 days after the change comes into effect. Use the contact information provided in Section Seven: Contact
Section Five: Communications
TD and/or Capillary**, on behalf of TD, will communicate with you via email about Offers, accessing the Hub and/or this Agreement. TD and/or Capillary** may communicate with you for this express purpose and this consent to communication in relation to the Hub and Offers will not alter your general marketing preferences with TD. To opt-out of receiving marketing communications from Capillary**, follow the unsubscribe link at the bottom of any Hub or Offer marketing email that you receive. To update your TD marketing preferences, call TD at 1-855-667-3031.
To keep your Account information up to date and ensure that you do not miss any communication from us about the Hub and Offers, you must immediately notify us of any changes to your email address and other contact information you may have provided to us in connection with the Account. We will have no liability for any misdirected, lost, or delayed e-mail resulting from your failure to provide us with such notice. We may also communicate with you electronically and any notice we provide to you electronically, or agreements we make available electronically, will be considered as “in writing”, and delivered for all purposes. For more information on Communications and Notices, see the Digital Banking Agreement.
Section Six: General Terms
6.1 What law governs this Agreement?
The applicable laws of the province or territory in Canada where you live govern this Agreement. This Agreement are also governed by the federal laws of Canada that apply. If you don’t live in Canada, the federal laws of Canada that apply will govern.
If we ever disagree about anything in this Agreement, any legal proceeding arising out of or relating to this Agreement must be brought in the courts in the province or territory in Canada where you live. If you don’t live in Canada, the legal proceeding must be brought in the courts of the Province of Ontario.
6.2 What if you breach this Agreement and we don’t act right away?
All Sections of this Agreement will remain valid and unchanged. We also reserve our right to act on that breach or any similar breach at a later date. Any action or omission by us does not mean that we have waived or changed this Agreement.
6.3 What happens if part of this Agreement is invalid?
A court may find any portion of this Agreement invalid or unenforceable. If they do, the rest of this Agreement will remain valid and enforceable.
6.4 Who is bound by this Agreement?
This Agreement is binding upon and benefits:
- us and our successors;
- anyone we transfer, sell, or assign this Agreement to; and
- you (including any agents or successors).
6.5 For Agreements governed by Quebec Law
You acknowledge that you were provided with the French version of this agreement and that, after first having had the opportunity to examine the French version, you have expressly requested to be bound only by the English version of this agreement and that all documents directly or indirectly related to it be drawn up in English only. Vous reconnaissez qu’une version française de cette entente vous a été remise et qu’après avoir eu la possibilité de prendre connaissance de la version française, vous avez expressément demandé d’être lié uniquement par la version anglaise de cette entente et que tous les documents s’y rattachant directement ou indirectement soient rédigés exclusivement en anglais.
Section Seven: Contact
To contact us, use one of the following methods: