Plum - Terms and Conditions

The PLUM loyalty program is a free membership reward program (the “PLUM Program”) offered by Indigo Books & Music Inc. (“Indigo”, “us”, “our”, or “we”) to its Canadian resident customers at participating Indigo, Chapters, Coles, Indigospirit and The Book Company retail stores in Canada (“Participating Stores”), and online at www.indigo.ca.

If you have any questions about these Terms and Conditions, you can contact us here.

These Terms and Conditions were last updated on April 1, 2020.

IMPORTANT INFORMATION FOR U.S. RESIDENTS: This PLUM Program is not open to U.S. residents.

1. AGREEMENT TO THE TERMS AND CONDITIONS

These Terms and Conditions form a binding agreement between you and Indigo. You agree to the most updated version of the Terms and Conditions each time you access the PLUM Program. You also agree to Indigo’s Privacy Policy, which is incorporated into and forms part of these Terms and Conditions.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING THE PLUM PROGRAM.

2. MEMBERSHIP ELIGIBILITY

The PLUM Program is open to legal residents of Canada who have reached a minimum age of sixteen (16) years old. Indigo reserves the right to request proof of age at any time.A PLUM membership and PLUM Program account (“PLUM Account”) is only available to individuals and is not available: (i) as a shared account (including family accounts); or (ii) to legal entities such as corporations, businesses, charities, partnerships, enterprises, or schools, unless Indigo, in its sole discretion, provides advance written approval.Indigo offers, and may offer from time to time, different loyalty programs, including the PLUM Program, PLUM PLUS, and iRewards® (collectively, the “Indigo Loyalty Programs”). Only one (1) Indigo Loyalty Program account is permitted per individual at any one time, meaning that an individual can only have one (1) of the following: a PLUM account, a PLUM PLUS account, or an iRewards account.

IF YOU ARE CURRENTLY A MEMBER OF INDIGO’S PLUM PLUS PROGRAM, YOUR MEMBERSHIP IN THE PLUM PROGRAM WILL BE SUSPENDED UPON ACCEPTANCE INTO THE PLUM PLUS PROGRAM. THE SUSPENDED STATUS OF YOUR PLUM MEMBERSHIP WILL CONTINUE THROUGHOUT THE TERM OF YOUR PLUM PLUS MEMBERSHIP UNTIL TERMINATION, CANCELLATION, LAPSE OR EXPIRY OF YOUR PLUM PLUS MEMBERSHIP AT WHICH TIME: (1) YOUR PLUM MEMBERSHIP WILL BE RE-INSTATED; AND (2) ANY ACCUMULATED UNREDEEMED PLUM POINTS COLLECTED AS A PLUM PLUS MEMBER WILL BE TRANSFERRED OVER TO YOUR PLUM ACCOUNT.

3. ENROLLMENT AND ADMINISTRATION

To enroll in the PLUM Program, an individual who satisfies the enrollment requirements can sign up in-store or at indigo.ca. The individual’s first name, last name, and valid email address are required to enroll. During the enrollment process, you may also be asked to provide optional information, such as mailing address, birth date, preferred language or telephone number, but your enrollment is not dependent on you providing this information.

Indigo will review each enrollment request for accuracy and completion, and if satisfactory, will issue a PLUM membership to the applicant (each such individual, a “PLUM Member”). Indigo reserves the right to refuse issuance of a PLUM Account to any individual who does not meet the eligibility requirements or does not follow the prescribed enrollment procedures set out below.

Each PLUM Member will be provided with a PLUM Account, a corresponding PLUM Member number (“PLUM Member Number”), and a physical card and/or virtual card (the “PLUM Card”) linked to your PLUM Member Number and PLUM Account.

PLUM membership benefits apply only to the individual PLUM Account holder. PLUM Member Numbers are non-transferable. You are responsible for protecting and keeping secure your PLUM Account information, including your PLUM Member Number, PLUM Card and/or PLUM Account password.

When making an Eligible Purchase (as defined below) or when redeeming PLUM POINTS (as defined below), PLUM Members must present/identify their PLUM Card, and may be asked to show a government issued photo for identification.

A PLUM Member must notify Indigo immediately if their PLUM Card is lost or stolen. Notify a Participating Store employee at checkout or contact our Customer Service Centre to ensure a replacement PLUM Card and/or replacement PLUM Account is properly issued to the correct PLUM Member, and that all PLUM POINTS in your PLUM Account are accessible only by you. Upon verification of proper identification, a new PLUM Account and PLUM Card will be provided to the PLUM Member. The replacement PLUM Account will be attached to your previous PLUM Account history and any accumulated unredeemed PLUM POINTS balance will remain intact.

Indigo assumes no liability or responsibility for PLUM POINTS redeemed by any person(s) prior to your notifying our Customer Service Centre that the PLUM Card is lost or stolen. Any PLUM POINTS redeemed prior to notification shall be at the PLUM Member’s risk.

You must promptly advise us of any changes to personal information including name and email address, either by asking a Participating Store employee to update the information in-store, by visiting www.indigo.ca/plum or by contacting our Customer Service Centre. Indigo will not be liable for misdirected email communications, including any notices under these Terms and Conditions or any consequences where your personal information is inaccurate or no longer valid. If we believe that our records are inaccurate, we may contact you to verify our records.

4. ENROLLMENT FEES

Membership is free and no initial purchase is required.

5. PLUM PROGRAM BENEFITS

The PLUM Program allows PLUM Members to collect PLUM POINTS when making purchases in-store at Participating Stores, online and through the Indigo mobile app of items specified from time to time by Indigo (“Eligible Purchases”), and to redeem these PLUM POINTS for rewards, benefits and/or rebates offered by Indigo from time to time. A valid PLUM Card must be used at time of purchase to: (a) collect PLUM POINTS, and (b) receive other benefits, (if applicable). Indigo may designate, from time to time, partners from whom PLUM Members will be able to redeem PLUM POINTS or receive other PLUM Program benefits (the “Program Partners”). Indigo assumes no liability to PLUM Members as regards the addition or deletion of Program Partners (defined below).

6. PLUM PROGRAM EXCLUSIONS

Eligible Purchases are the Indigo products and services eligible for earning and/or redeeming PLUM POINTS. Eligible Purchases are subject to exclusions, which are posted at www.indigo.ca/plum and updated on a periodic basis.

7. COLLECTING PLUM POINTS

a) There are several ways to earn PLUM POINTS:

  • In-Store at Checkout or Mobile Checkout (iQueue): The PLUM Member’s personal PLUM Card is to be presented or the PLUM Member Number confirmed to the cashier before an Eligible Purchase transaction is completed.
  • In-Store at kiosk: The PLUM Member is responsible for adding their PLUM Member Number to any Eligible Purchase transaction made at kiosk.
  • Online and Indigo mobile app: The PLUM Member is responsible for signing in with email address and password. Make sure your PLUM Account is registered to your www.indigo.ca online account before the Eligible Purchase transaction is completed.

b) PLUM POINTS will be awarded at the rate of 5 PLUM POINTS for each pre-tax dollar spent on Eligible Purchases. PLUM POINTS will be calculated by reference to the net total on each receipt, which is calculated as Eligible Purchase price less taxes and any discounts. The total PLUM POINTS awarded and reflected on the receipt will be rounded up or down to the nearest whole point, based on the closest 10 cents spent.

Example: $2.30 x 5 equals 11.5 points awarded and will round up to 12 points Example: $2.28 x 5 equals 11.4 points and will round down to 11 points

c) Indigo may, at its option, offer special promotions from time to time that allow PLUM Members to earn additional PLUM POINTS (“bonus PLUM POINTS”). Bonus PLUM POINTS, once awarded, will form part of the PLUM Member’s PLUM POINTS balance (the PLUM POINTS and any bonus PLUM POINTS collectively referred to as “PLUM POINTS”). Bonus PLUM POINTS may be temporary and may be redeemed by the PLUM Member during a prescribed period, failing which such bonus PLUM POINTS may expire. On occasion, bonus PLUM POINTS will be issued for a particular Eligible Purchase or activity after the purchase or activity has taken place and will be reflected on the PLUM Member’s current PLUM POINTS balance on a receipt at a later Eligible Purchase transaction date, online or through the Indigo mobile app.

d) Except as described below, all PLUM POINTS awarded for an Eligible Purchase, as well as the PLUM Member’s current PLUM POINTS balance, are shown on the receipt for each Eligible Purchase when a PLUM Card is used. In the event that PLUM POINTS do not appear on a receipt due to a technical failure, they will be reflected on the PLUM Member’s current PLUM POINTS balance on a receipt at a later Eligible Purchase transaction date, or online or through the Indigo mobile app.

e) Occasionally, through specified promotions by Participating Stores and/or Program Partners, additional PLUM POINTS (and/or other rewards, promotions or benefits) may be awarded for using the PLUM Card, or for being a PLUM Member. These PLUM POINTS may not always be recorded on the receipt at the time of an Eligible Purchase, in which event, the balance will be reflected on the PLUM Member’s current PLUM POINTS balance on a receipt at a later Eligible Purchase transaction date, or online or through the Indigo mobile app.

f) Indigo’s standard Return/Exchange Policy applies to each Eligible Purchase made by PLUM Members. In the event of a return/exchange of any Eligible Purchase, any PLUM POINTS awarded on the original Eligible Purchase transaction(s) will be automatically adjusted, if applicable, from the PLUM Account that was used for the Eligible Purchase (whether or not the PLUM Card is presented at the time of return and/or exchange). Upon the return and/or exchange of Indigo products awarded through the redemption of PLUM POINTS, all redeemed PLUM POINTS will revert to the PLUM Member’s PLUM Account.

g) PLUM POINTS may be awarded retroactively at Indigo’s sole discretion if the original receipt and your PLUM Card is produced in-store within 14 days of the date of the original Eligible Purchase. In the case of a discrepancy regarding a PLUM Member’s PLUM POINTS balance, our internal database and records will govern. Discrepancies must be addressed with our Customer Service Centre within three (3) months of the date on which the discrepancy occurred.

h) PLUM POINTS will not be awarded on the portion of the Redemption Transaction (as defined below) paid for by redemption of PLUM POINTS.

i) PLUM POINTS have no merchantable or cash value. The accumulation of PLUM POINTS does not entitle a PLUM Member to any vested rights, and neither Indigo nor the Program Partners (defined below) guarantees in any way the continued availability of any reward, redemption level, rebate or any other benefit. PLUM POINTS are not divisible or transferrable in the case of divorce. PLUM POINTS cannot be assigned, transferred, exchanged, sold, traded, bartered, purchased or given by gift or otherwise sold. Upon the death of a PLUM Member, the PLUM Member’s PLUM Account will be closed and any PLUM POINTS in the account will be forfeited.

8. REDEEMING PLUM POINTS

a) PLUM POINTS may be redeemed for rewards consisting of a predetermined dollar discount reward off a purchase in-store, online or through the Indigo mobile app in accordance with the PLUM POINTS redemption schedule in force on the date when the PLUM POINTS are redeemed by the PLUM Member (“Redemption Transaction”).

POINTS REQUIRED

REWARD VALUE

2,500

$5

4,500

$10

8,500

$20

20,000

$50

35,000

$100

b) 35,000 PLUM POINTS is the maximum number of PLUM POINTS that may be redeemed in any single Redemption Transaction.

c) PLUM POINTS may not be redeemed for in-store purchases made entirely at in-store kiosks.

d) From time to time, special promotions may be run during which one or more redemption level(s) may temporarily be altered and/or suspended, new redemption levels added, or points may be redeemed directly towards the purchase of specific products or services. Promotions may vary from store to store and between in-store, kiosk, online and the Indigo mobile app.

e) A PLUM PLUS Member’s PLUM POINTS balance will be reduced by the number of points required to obtain the desired point redemption level. Unredeemed PLUM POINTS plus any PLUM POINTS awarded in the current Redemption Transaction will remain in the PLUM PLUS Member’s Account and can be applied to a subsequent Redemption Transaction. In-store at Checkout, Mobile Checkout (iQueue) or kiosk: In accordance with Federal and Provincial tax legislation, GST, PST, HST and any other applicable taxes are calculated and payable by the PLUM PLUS Member on the full amount of the purchase price of the item during a Redemption Transaction. Online: In accordance with Federal and Provincial tax legislation, GST, PST, HST, and any other applicable taxes and delivery are calculated and payable by the PLUM POINTS redemption amount the PLUM PLUS Member is using during the Redemption Transaction. (Example: Member adds $10 product to cart and wants to use 2,500 points ($5.00) to redeem during the on-line transaction - the Member’s points will be allocated against both the purchase price, delivery (if applicable) & the tax portion of the purchase).

f) PLUM POINTS can only be redeemed if the required redemption level is acquired prior to the Redemption Transaction. A Member may not make more than two (2) redemptions, at any reward level, within one day. Only one redemption is available per Redemption Transaction.

g) When redeeming PLUM POINTS, Indigo will automatically select the maximum eligible PLUM POINTS redemption level available. Alternatively, if at Checkout, you may select a different eligible redemption level by informing the cashier prior to the Redemption Transaction. In either case, your PLUM PLUS Account must have the appropriate number of PLUM POINTS. Example: If you have accumulated 9,000 PLUM POINTS, the maximum redemption level available is 8,500 PLUM POINTS. However, if at Checkout, you may elect to redeem only 4,500 points on a $30.00 transaction; in this case the reduction off the purchase price will be $10.00. If the purchase price is lower than the redemption value of the points, the remaining dollar value equivalent of the redeemed points will be forfeited. Example: If you have accumulated 8,500 PLUM POINTS and wish to redeem all these points on a transaction with a purchase price of eligible products of $15.00, then the reduction off the purchase price will be $15.00 and the difference between the $20.00 maximum reward discount and the $15.00 discount (i.e. $5.00) will be forfeited.

h) PLUM POINTS cannot be redeemed to pay for the PLUM PLUS membership/renewal fee.

9. EXPIRATION OF PLUM POINTS

PLUM POINTS will expire due to PLUM Account inactivity of twelve (12) or more consecutive calendar months. PLUM Account activity consists of the collection and/or redemption of PLUM POINTS. PLUM Members are encouraged to complete at least one (1) Eligible Purchase or Redemption Transaction annually in order to maintain the active status of a PLUM Account.

10. PRIVACY

We respect the privacy of your personal information. Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.

11. EXPIRY/SUSPENSION/TERMINATION OF A MEMBERSHIP

The PLUM PLUS Card is not a credit card and is the property of Indigo. It may be revoked at any time by Indigo in the event of a breach of these Terms and Conditions by a PLUM PLUS Member, misuse or abuse of the Program by a PLUM PLUS Member, fraud, and/or any other actions deemed by Indigo, at Indigo’s sole discretion, to be contrary to the Program or the interests of its PLUM PLUS Members. In the event that your participation in the Program is cancelled, all accumulated PLUM POINTS in your PLUM PLUS Account may be forfeited and removed.

Any unauthorized reproduction of the PLUM PLUS Card may lead to legal prosecution and forfeiture of all PLUM POINTS, as well as termination of the applicable PLUM PLUS Membership.

Indigo reserves the right to restrict redemption or put a “hold” on PLUM POINTS for up to ninety (90) days from the date the PLUM POINTS are posted to a PLUM PLUS Account if Indigo has reasonable belief that fraud has occurred or in the event of a breach or suspected breach of these Terms and Conditions.

If a PLUM PLUS Member chooses not to renew their PLUM PLUS Membership, upon expiry of the PLUM PLUS Membership, a PLUM PLUS Member shall automatically become a member of the plum Rewards Program (subject to compliance with the terms and conditions of that program), and any PLUM POINTS balance will be transferred into such alternative Indigo loyalty program. In such a case, your PLUM PLUS Member Number shall be transferred to the alternative Indigo loyalty program.

12. PROGRAM CHANGES

Reside Outside of Quebec >>

Indigo may restrict, suspend, or modify the Program, at its sole discretion. Any material changes to these terms and conditions will be posted online at www.indigo.ca/plum and may also be emailed directly to PLUM PLUS Members and/or made available at the Participating Stores. Material changes include changes to the Program benefits. Material amendments or changes shall take effect at the beginning of the next Term.

Reside in Quebec >>

In the event these Terms and Conditions, or any aspect of the Program is restricted, modified, suspended or changed, Indigo will provide you advance notice of at least sixty (60) days before the amendment comes into effect. Such notice will be provided by posting the amended terms and conditions online at www.indigo.ca/plum, and by sending you written notice to the email address associated with your PLUM PLUS Account. Upon receipt of such notice, you may rescind or cancel your participation in the Program by sending Indigo notice no later than thirty (30) days after the amendment comes into force, at the address or email address indicated in the notice. Any PLUM POINTS balance will be transferred into the plum Rewards Program. Material amendments or changes shall take effect at the beginning of the next Term.

If you do not exercise your right to rescind or cancel your participation in the Program by sending Indigo notice no later than thirty (30) days after the amendment comes into force, your continued participation in the Program at any time after such thirty (30) day delay has expired, will constitute your consent to be bound by the amendment.

13. TERMINATION OF THE PLUM PROGRAM

We reserve the right to terminate the Program, or any part of it, and will provide sixty (60) days prior written notice to be provided at Participating Stores, on our website at www.indigo.ca or through other communications to PLUM PLUS Members, including email. Upon termination of the Program, PLUM PLUS Members shall become a member of the plum Rewards Program (subject to compliance with the terms and conditions of that program), and have the remaining PLUM POINTS balance transferred into such alternative Indigo loyalty program.

14. DISCLAIMER OF REPRESENTATION, WARRANTIES AND CONDITIONS

YOUR USE OF THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM AND ALL INFORMATION, CONTENT, MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM ARE PROVIDED BY INDIGO ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (OTHER THAN THESE TERMS AND CONDITIONS), WHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE, USAGE, TRADE, CUSTOM OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, INDIGO EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, COMPLETENESS, ACCESSIBILITY, TITLE, MERCHANTABLE QUALITY, DURABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE.

15. LIMITATION OF LIABILITY

INDIGO WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE PROGRAM OR THE USE OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, USE, REPUTATION OR GOODWILL UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY INDIGO OR ANY PERSON FOR WHOM INDIGO IS RESPONSIBLE, AND EVEN IF INDIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

PLUM MEMBERS ARE ENTIRELY RESPONSIBLE FOR KEEPING THEIR PLUM ACCOUNT SECURE.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THIS SECTION MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

16. ARBITRATION, CLASS ACTION WAIVERS, NO JURY TRIAL

Binding Arbitration >>

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Program, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any intellectual property right of Indigo, its affiliates or any third party, or any privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Indigo, its affiliates or applicable third parties.

No Class Actions >>

You agree that you will bring any claim against us in your individual capacity and not as part of a class arbitration, class proceeding or representative action.

No Jury Trial >>

If for any reason a claim or proceeding in a court is permitted, you waive any right to a jury trial.

17. GOVERNING LAW

These Terms and Conditions and all related matters are governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Subject to Section 14, any dispute between you and Indigo arising out of or relating these Terms and Conditions shall be resolved before the Courts of Ontario, sitting in the City of Toronto.

If you are resident of Quebec when you use the Program, these Terms and Conditions and all related matters are governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to conflict of laws principles, and all disputes shall be resolved before the Courts of Quebec, sitting in the City of Montreal. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

18. GENERAL

Our failure to exercise any of our rights, powers or remedies in these Terms and Conditions or at law, or any delay in doing so, does not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the exercise of any right, power or remedy. Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”.

Each of the provisions contained in these Terms and Conditions is distinct and severable and a declaration in on validity or unenforceability of any such provisions or part thereof by a court of competent jurisdiction, will not affect the validity or enforceability of any such other provisions of these Terms and Conditions.

19. HOW TO CONTACT US

If you have any questions about the Program, please go online at www.indigo.ca/plum, or by calling Customer Service Centre at 1-877-977-PLUM (1-877-977-7586).