I. Vital Care Program
Please read these terms and conditions (“Program Terms”)
carefully for important information about your rights and
obligations in the Petco membership program (“Vital Care Program”
or the “Program”). By participating in the Program, you agree to
these Program Terms. Members (defined below, also referred to
herein as “you” and “yours”) participating in the Program agree to
be bound by these Program Terms.
Petco Animal Supplies, Inc. (also referred to herein as “Petco,”
“we” or “us”) is solely responsible for Program operation and may
withdraw from the Program or change the Program Terms at any time.
The Program Terms may be supplemented with additional terms,
conditions, and disclosures, including but not limited to
applicable terms related to any promotional offers provided to you
for use with the Program. All information collected about you in
connection with the Program is subject to the respective privacy
policies of Petco and, if applicable, Comenity Capital Bank. You
can review Petco’s privacy policy at
https://www.petco.com/petcopay/termsandconditions
and Comenity Capital Bank's privacy policy at
https://comenity.net/petcopaymastercard/images/privacy.pdf
or
https://comenity.net/petcopay/images/privacy.pdf.
These Program Terms are governed in accordance with the laws of the
State of California without regard to its conflict of law
provisions, unless the laws of your jurisdiction require that those
laws apply. To the extent that any claims could be brought in court
and except with respect to matters that can be heard in small claims
court, you and Petco hereby expressly consent and submit to the
exclusive jurisdiction of the state and federal courts located in
the Southern District of California for the adjudication or
disposition of any claim, action or dispute arising out of these
Program Terms, including the Privacy Policy. The Federal Arbitration
Act will govern the interpretation and enforcement of this
arbitration agreement. Except as provided below, if any provision of
these Program Terms is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Program
Terms, which shall remain in full force and effect. No waiver of any
provision of these Program Terms shall be deemed or construed a
further or continuing waiver of such term or condition, of any other
term or condition, or of any proceeding or succeeding breach of any
provision in these Program Terms.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR
MANDATORY PRE-DISPUTE RESOLUTION, BINDING ARBITRATION AND A CLASS
ACTION WAIVER.
IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE
TO PETCO, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF
ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE
WAIVED AND TIME-BARRED.
Pre-Dispute Resolution Process: Should you and
Petco have a Dispute (as defined below), Petco is committed to
engaging with you to resolve it. Therefore, for any Dispute that
arises between you and Petco, the parties agree that they will first
make a good faith effort to resolve it informally.
This informal dispute resolution process is a condition precedent
to commencing any formal proceeding in arbitration or small claims
court.
The parties agree that any relevant limitations period and filing
fee or other deadlines will be tolled while the parties engage in
this process.
For your Disputes with Petco, you must first send your name,
address, telephone number, email address, and sufficient information
for Petco to identify any transaction at issue; a detailed
description of your Dispute; and the nature and basis of your claims
and the relief sought, along with the calculation you used (the
“Notice”) to the following email address: arbitration@petco.com. You
and Petco agree to negotiate in good faith about the Dispute,
including through an informal and individualized telephone or video
settlement conference if requested by Petco. If either party to the
Dispute is represented by counsel, that party’s counsel may
participate, but the party also must personally appear at and
participate in the settlement conference. This process should lead
to resolution of the Dispute, but if the matter is not resolved
within sixty (60) days after Petco’s receipt of the complete written
description detailed above, you and Petco agree to the further
dispute resolution provisions below. This time period will start to
run upon receipt of the information referenced above. If the
sufficiency of the Notice or compliance with this pre-dispute
resolution process is at issue, either party may elect to have this
issue decided by a court, and any formal dispute resolution
proceeding shall be stayed pending resolution of the issue.
Arbitration: You and Petco agree that any and all
controversies, disputes, demands, counts, claims, or causes of
action between you and the Company, or the Company's employees,
agents, affiliates, subsidiaries, successors, representatives, or
assigns (“Dispute(s)”), shall be resolved through binding and
confidential arbitration, except that you or the Company may elect
to have a Dispute heard in small claims court if it qualifies for
hearing by such a court, provided that an action in small claims may
only seek individualized relief and so long as the action remains in
that court and is not removed or appealed to a court of general
jurisdiction. If the limitations on a small claims court proceeding
are deemed unenforceable for any reason, it shall be severed from
this agreement and the parties may not elect to proceed in small
claims court, and the dispute shall be heard in arbitration. In
addition, each party retains the right to seek injunctive or other
equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation, or violation of
a party's copyrights, trademarks, trade secrets, patents, or other
intellectual property rights. “Dispute” shall be interpreted broadly
and shall also include all Disputes that arose before your agreement
to these Petco Pay Terms, and which arise after the termination of
this agreement. Notwithstanding the foregoing, issues related to the
scope, validity, and/or enforceability of this arbitration agreement
are for a court to decide.
There is no judge or jury in arbitration and arbitration procedures
are simpler and more limited than rules applicable in court. YOU
ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE,
YOU AND PETCO ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT,
INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT,
CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY
OTHER REPRESENTATIVE PROCEEDING.
THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN
FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL
CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO
IS NOT A PARTY TO THE ARBITRATION PROCEEDING. FURTHER, UNLESS BOTH
YOU AND PETCO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE
MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY
FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DETERMINES
THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM
THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE
FINAL), THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM FOR PUBLIC
INJUNCTIVE RELIEF SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF
THE REMAINING CLAIMS. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE
UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION
(EXCEPT FOR THE JURY TRIAL WAIVER) SHALL BE NULL AND VOID.
Arbitration shall be subject to the Federal Arbitration Act and
federal arbitration law, and shall be conducted by Judicial
Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS
Streamlined Arbitration Rules & Procedures (the "JAMS Rules") as
modified by this arbitration agreement. The JAMS Rules, including
instructions for bringing arbitration, are available on its website
at
http://www.jamsadr.com/rules-streamlined-arbitration. If JAMS is unable or unwilling to administer a proceeding under
this arbitration provision as written, the parties shall agree on a
substitute arbitration organization. If the parties cannot agree,
the parties shall mutually petition a court of appropriate
jurisdiction to appoint an arbitration organization that will
administer a proceeding under this arbitration provision as written
and applying the selected arbitration organization’s consumer rules.
When initiating arbitration, you shall personally certify to Petco
and to JAMS that you are a party to this arbitration agreement and
provide a copy or link to it. You shall also personally certify that
you have complied with the pre-dispute resolution process detailed
above. You agree that you shall personally participate, along with
your counsel if represented, in the initial conference with the
arbitrator unless the parties agree otherwise.
Petco will pay its arbitration costs as required by JAMS rules, and
in the event that you are able to demonstrate that the costs of
arbitration will be prohibitive as compared to costs of litigation
and you have complied with the pre-dispute resolution process
outlined above, Petco will pay as much of your arbitration filing
and hearing fees as the arbitrator deems is necessary to prevent the
arbitration from being cost-prohibitive as compared to the cost of
litigation. Each side shall pay their own attorneys' fees, costs,
and arbitration fees unless the arbitrator finds, among other
grounds, (1) that either the substance of a claim or the relief
sought is frivolous or brought for an improper purpose (as measured
by the standards set forth in Federal Rule of Civil Procedure
11(b)), or (2) the claim(s) at issue permit the prevailing party to
be reimbursed its fees and litigation costs, and in such instances,
the fees and costs awarded shall be determined by the arbitrator
consistent with applicable law and with the JAMS Rules. The
arbitrator may consider whether a party had previously offered full
relief to the other party or whether the proceeding is part of
multiple case filings. The provisions of Federal Rule of Civil
Procedure 68 shall be applied by the arbitrator. The arbitrator
shall be bound by these Petco Pay Terms as any court would be. The
arbitrator shall issue a reasoned, detailed decision explaining the
essential findings and conclusions on which the award is based. The
arbitration award shall be binding only as to the parties. The
arbitration may consider rulings in other arbitrations involving
other claimants, but an arbitrator’s ruling will not be binding in
proceedings involving different claimants.
The arbitration may be conducted by telephone, based on written
submissions, or in person at a mutually agreed-upon location
convenient for you. You agree to appear at an initial conference
with the arbitrator and at any hearing, along with your counsel if
you are represented. If fifty (50) or more claimants submit Notices
raising similar claims and they are represented by the same or
coordinated counsel, you understand and agree to the following
provisions: (1) you agree that the adjudication of your Dispute may
be delayed; (2) you agree that your counsel will negotiate in good
faith with Petco to determine a reasonable staged bellwether process
involving a subset of demands not to exceed fifty (50) at a time,
each of which shall be adjudicated on an individual basis; (3) only
after each of the arbitrations that proceed are adjudicated or
otherwise resolved shall the next set of staged proceedings
commence; (4) your Dispute shall not be filed or considered properly
filed in arbitration and filing fees shall not be due and owing
until it is selected for inclusion in this continuously staged,
reasonable bellwether process. This process shall continue until all
the claimants’ claims are adjudicated or otherwise resolved. The
statute of limitations and any filing fee deadlines shall be tolled
for your claim from the time of initiation with JAMS until the time
your Dispute is selected for a bellwether process, withdrawn, or
otherwise resolved. A court shall have authority to enforce this
paragraph and, if necessary, to enjoin the mass filing of
arbitration demands against Petco.
As referenced above, this dispute resolution section shall be
governed by the Federal Arbitration Act. It shall survive any
termination or cancellation of these Petco Pay Terms. Any amendments
to this dispute resolution section shall be prospective only and
shall not affect any pending Dispute for which Petco has notice or
pending arbitration proceeding.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PETCO ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A
CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
OPT-OUT OF AGREEMENT TO ARBITRATE: Petco’s updates to these Petco
Pay Terms do not provide you with a new opportunity to opt out of
arbitration if you previously agreed and did not validly opt out of
arbitration. Petco will continue to honor any valid opt outs if you
previously opted out of arbitration with Petco. To opt out of
arbitration, you must send a notice via U.S. Mail to Petco at: Petco
Legal Department, 10850 Via Frontera, San Diego CA 92127, or via
email to arbitration@petco.com, and you must provide the following
information: (1) your name, (2) your address, (3) your phone number,
and (4) a clear statement that you wish to opt out of this
arbitration provision. This opt-out notice must be received no later
than thirty (30) days after the date you first become subject to
this arbitration agreement. If you opt out of this agreement to
arbitrate, all other provisions of these Petco Pay Terms will
continue to apply to you. Opting out has no effect on any other
arbitration agreements that you may have entered into with Petco or
may enter into in the future with Petco.
Membership Eligibilty
No purchase is necessary to become a member (“Member’) of or to
enroll in Petco’s Vital Care Core membership program. Employees of
Petco, its affiliates and subsidiaries, and their spouses and
dependents, are eligible to participate in Vital Care. Bulk buyers
and resellers for Petco are not eligible to participate in Vital
Care. Members must be 18 years of age or older and a legal resident
of the United States to participate.
All prospective Members must provide their email address upon signup
for Vital Care and agree to open Vital Care account (“Vital Care
Account”) and transactional communications and rewards via email.
General Terms
Petco may email Member regarding Vital Care from time to time,
including but not limited to providing Member (1) Vital Care Account
statements, (2) Vital Care Rewards notifications, and/or (3) other
transactional information. Member consents to these email
notifications which are required as part of Vital Care membership.
Members may opt-out of promotional email messages anytime at
Petco.com, Petco.com/VitalCare, or within the App.
Petco Pay Credit Card and Petco Pay Mastercard® Holders
Petco Pay Credit Card. Members
may apply for a Petco Pay Credit Card or Petco Pay Mastercard Credit
Card, administered through Comenity Capital Bank. As a Member, if
you are approved for either a Petco Pay Credit Card or Petco Pay
Mastercard Credit Card and agree to the terms of the Petco Pay
credit card account agreement with Comenity Capital Bank ("Card
Agreement"), which governs the use of both types of Petco Pay credit
cards, you will enjoy additional benefits as a Vital Care Member and
a cardholder of either the Petco Pay Credit Card (“Petco Pay
Cardholder”) or Petco Pay Mastercard Credit Card (“Petco Pay
Mastercard Cardholder”), such as qualification for additional Vital
Care points (“Points”) with purchases of qualifying products and
services, as detailed in these Program Terms. While the Program may
be related to your Card Agreement, these Program Terms are separate
and independent from your Card Agreement. In the event of any
conflict or inconsistencies between these Program Terms and your
Card Agreement, these Program Terms will control in any matter
relating to the Vital Care Program.
Points Disputes.Your billing
rights and the special rights that apply if you are dissatisfied
with your credit card purchases, which rights are set forth in your
Card Agreement, do not apply to Vital Care. If you believe that a
purchase made on your Petco Pay credit card account (“Petco Pay
Credit Card Account”) should have resulted in the addition of Points
to your Points balance in the Vital Care Program, and such Points
are not reflected in the Points balance within forty-five (45) days
from the date on which the purchase was posted to your Petco Pay
Credit Card Account balance ("Points Dispute"), notify Petco
immediately. If a Member believes their eligible purchase was
incorrectly applied toward earning Vital Care Rewards, they may
contact Petco Customer Relations at 888-824- 7257. Requests must be
received by Petco Customer Relations within forty-five (45) days
from the date of the purchasing or earning activity in question.
Written requests should include the Member's name, Vital Care
number, address, daytime telephone number, and/or e-mail address.
We will use reasonable efforts to investigate your Points Dispute so
long as you notify us of such dispute within ninety (90) days from
the posting date of such purchase. If you do not notify us within
such ninety (90)-day period, you will have waived your right to make
a Points Dispute with respect to that purchase. In order for us to
undertake an investigation of your Points Dispute, Petco may require
you to provide written confirmation of the dispute. If we do not
receive the requested written confirmation at the address and within
the time requested by us, we may in our sole discretion determine
not to investigate your Points Dispute. Failure to supply adequate
and unaltered documentation may result in denial of Point credit.
Upon completion of our investigation of your Points Dispute, we will
have no further responsibilities should you later reassert the same
Points Dispute. Please see the “Points Accrual Rules” section below
for additional information regarding disputes.
Rewards
“Net Eligible Purchases” are purchases of goods and services for
personal, family or household use, minus any refunds for returns of
goods or any other refunds, and do not include any insurance
purchases, payments of any taxes or shipping costs, the amount(s) of
any coupons used or promotions provided in connection with a
purchase.
As described in more detail below, Members will earn Points for
every dollar spent on Net Eligible Purchases at any US-based Petco
retail store, any Unleashed by Petco retail store, at petco.com
and/or on the Petco App (each a “Petco Location” and collectively,
“Petco Locations”). Vital Care Program currency (“Vital Care
Rewards”) are denominated in U.S. Dollars. Members will earn $5 in
Vital Care Rewards after accruing 167 Points based on the earning
opportunities set forth below.
When you redeem Vital Care Rewards while making a purchase, the
value of the Vital Care Rewards will be applied against the total
purchase price, including applicable taxes and fees.
Points earned or issued under the Vital Care Program are based on
total Member spending on Net Eligible Purchases at any Petco
Location, as defined above. Points will not be earned on payments of
any taxes or shipping costs, or for the amount(s) of any coupons
used or promotions. If you are only a Vital Care Member and not a
Petco Pay credit cardholder, Points will not be earned for purchases
of gift cards. If you are a Vital Care Member and a Petco Pay credit
cardholder, you will receive Points for purchases of gift cards.
Neither Points nor Vital Care Rewards have any cash value.
Members must provide the number associated with their Vital Care
Account at the point of checkout to receive Points for their
purchase. To receive Points for purchases at petco.com or on the
Petco App, Members must be logged into their Petco.com account.
Other petco.com or Petco App payment methods, including guest
checkout, are not eligible to earn Points towards Vital Care
Rewards. Members are responsible for maintaining accurate and
updated personal information online at petco.com or on the Petco
App.
Insurance purchases are excluded from the Vital Care Program and no
Points and Vital Care Rewards will be earned on any insurance
purchases.
Vital Care Rewards are not assignable, saleable, transferable,
replaceable, or redeemable for cash. Petco is not responsible for
Vital Care Rewards not received as a result of the failure by
Members to provide accurate email addresses and/or update their
personal information.
Subject to the “Cancellation and Termination Policy” section below,
membership in the Vital Care Program is continuous, and no
subsequent registration is required. Points or Vital Care Rewards
earned on a Net Eligible Purchase which is then returned or
exchanged may be deducted from Member's Vital Care Account balance.
Returns may cause a negative Vital Care Rewards and/or Points
balance.
Vital Care Program. As a Member
of Vital Care, you will earn:
-
1 Point for every $1 spent on all Net Eligible Purchases completed
at any Petco Location through cash, credit card, debit cards,
checks or using Petco gift cards when you provide a valid Vital
Care number at check-out.
Petco Pay Credit Card. As a
Member of the Vital Care Program and a Petco Pay Cardholder, you
will earn:
-
An additional 1 Point for every $1 spent, on top of the 1 Point
earned for every $1 spent for those Net Eligible Purchases as a
Member of the Vital Care Program, equaling 2 Points for every $1
dollar spent on Net Eligible Purchases at any Petco Location when
you use the Petco Pay Credit Card to complete the transaction.
Petco Pay Mastercard Credit Card.
As a Member of the Vital Care Program and a Petco Pay Mastercard
Cardholder, you will earn:
-
An additional 1 Point for every $1 spent, on top of the 1 Point
earned for every $1 spent for those Net Eligible Purchases as a
Member of the Vital Care Program, equaling 2 Points for every $1
dollar spent on Net Eligible Purchases at any Petco Location when
you use the Petco Pay Mastercard to complete the transaction.
-
2 Points for every $3 on completed, unreturned purchases made at
grocery stores*, using your Petco Pay Mastercard Credit Card.
-
1 Point for every $3 on completed, unreturned purchases made using
your Petco Pay Mastercard Credit Card made everywhere else
MasterCard is accepted.
*Reward Merchant Classification Codes: Merchants who accept Visa or
Mastercard are assigned a merchant classification code (“MCC”),
which is determined by the merchant or its processor in accordance
with Visa or Mastercard procedures based on the products and/or
services they primarily sell. Comenity Capital Bank and Petco do not
control the assignment of these codes and are not responsible for
incorrectly coded purchases. Even though a merchant or some of the
items it sells may appear to fit within a certain rewards category,
the merchant may not have a code in that category. Purchases made
with third-party payment accounts, including but not limited to
PayPal and Venmo, will not earn additional Points or Vital Care
Rewards.
To remain eligible to earn Points through your Petco Pay Credit Card
or MasterCard, your Petco Pay Credit Card Account must be in Good
Standing. “Good Standing” means your Petco Pay Credit Card Account
is (1) open to new charges, (2) not more than sixty (60) days past
due under the Card Agreement, and (3) not flagged as lost, stolen,
or fraudulent according to Comenity Capital Bank's written or
electronic records.
Points and Vital Care Rewards are only earned on Net Eligible
Purchases. Points and Vital Care Rewards are not earned on: returns,
refunds, credit adjustments at Petco, purchases using any type of
promotional financing, unauthorized or fraudulent charges, charges
that violate the terms of your Card Agreement, balance transfers,
cash advances, transactions treated similar to cash advances,
interest charges, and fees of any kind.
Petco may temporarily prohibit you from earning Points or Vital Care
Rewards, using Vital Care Rewards, or using any features of the
Program if: your Petco Pay Credit Card Account becomes delinquent;
Comenity Capital Bank suspects that you or any authorized user has
engaged in fraudulent activity related to your Petco Pay Credit Card
Account or the Program; or Petco suspects that you misused the
Program in any way.
Vital Care Rewards awarded for purchases that do not remain Net
Eligible Purchases will be deducted from your Vital Care Rewards
balance. Returned items may result in credits being applied to your
Petco Pay Credit Card Account, which will correspondingly reduce or
may eliminate accumulated Vital Care Rewards in your Vital Care
Account and may result in a negative Vital Care Rewards balance. If
your Vital Care Rewards balance goes negative, you must first earn
Vital Care Rewards to bring your Vital Care Rewards balance to zero
(0) before earning any Vital Care Rewards eligible for redemption.
Petco and Comenity Capital Bank reserve the right to verify and
adjust Vital Care Rewards , as applicable, at any time.
Bonus Reward Dollars for Special Petco Pay Credit Card Offers
From time to time, we may make special offers for you to earn
additional Points for Net Eligible Purchases. These additional
points are called “Bonus Points.” The way to earn Bonus Points, and
the Bonus Points that can be earned, may vary. Read each offer
carefully, as there may be important conditions or limitations, such
as blackout periods, Bonus Point limits, or exclusions. You may have
to register to qualify for the offer. We may change or withdraw an
offer at any time without notice. Any such change or withdrawal will
not affect Bonus Points already earned. Your Net Eligible Purchase
must be completed and the transaction charged to your Petco Pay
Credit Card Account during the special offer period in order for you
to earn the applicable Bonus Points. For mail order, special order,
online, Petco App and other purchases, please be aware that we may
not charge your Petco Pay Credit Card Account until items purchased
have shipped. During special offer periods, making a return in the
same transaction as your purchase may result in earning fewer Points
because Points are calculated off of your Net Eligible Purchase (in
this case, your purchase minus return).
Points Accrual Rules
Member is solely responsible for any federal, state and local taxes
associated with any purchases where applicable. Points are earned
Net eligible transactions completed at any Petco retail store;
online at Petco.com; and/or via the App, through cash, credit card
or using Petco gift cards.
Purchases made by Members to buy Gift Cards, and donations made by
Members to Petco Love or other charities (both monetary donations
and donations through the purchase of specific merchandise), are not
eligible to earn Points unless you are a Petco Pay credit
cardholder. Taxes and shipping costs are not eligible to receive
Points. If Member's Account is inactive for 90 days, any Points
accumulated towards Vital Care Rewards will be reset to zero (0). A
Member's Account is considered inactive when there have been no new
purchases posted to the Account.
Petco Pay Credit Card and Petco Pay Mastercard Credit Card.Points and Vital Care Rewards will expire within one (1) year from
the earned date for all Points on a 12-month rolling basis if a
purchase was made within the last year. If a Vital Care Member is no
longer a Petco Pay Cardholder or a Petco Pay Mastercard Cardholder,
Points will reset to 90 days expiration for inactivity and the Vital
Care Rewards will reset to 30 days expiration for Vital Care Core
Members and 45 days for Vital Care Premier Members.
Vital Care Rewards Issuance and Redemption
Vital Care Rewards will be issued to Member at the rate of five (5)
Vital Care Rewards for every 167 Points earned by Member, which
Member may use towards $5 off any future purchase. Vital Care
Rewards may be displayed in the Member's Account at Petco.com,
Petco.com/VitalCare, and/or in the App. Members are required to load
their earned Vital Care Rewards to their Account in order to use the
Rewards during a purchase. Members can do so by logging onto their
Account online or in the App, or by calling Petco Customer Relations
at 888-824-7257.
Vital Care Rewards shall only be redeemable on future purchases with
a balance owed that is equal to or greater than $5. Vital Care
Rewards cannot be partially redeemed or redeemed on a purchase that
is less than $5. Vital Care Rewards cannot be redeemed in full or in
part for cash, gift cards or gift certificates. Petco is not
responsible for lost or stolen Vital Care Rewards. All Vital Care
Rewards expire upon 30 days of issuance date for Vital Care Core
members and 45 days for Vital Care Premier members who are not Petco
Pay Cardholders or Petco Pay Mastercard Cardholders.
Vital Care Rewards for members who are Petco Pay Cardholders or
Petco Pay Mastercard Cardholders will expire on a date that is 365
days from the Vital Care Rewards issuance date. If a Vital Care
Member is no longer a Petco Pay Cardholder or a Petco Pay Mastercard
Cardholder.
Vital Care Rewards can be redeemed in any Petco retail store; on
Petco.com; or within the App. Vital Care Rewards cannot be redeemed
at Just Food For Dogs Kitchens, or at any third-party partner. Vital
Care Rewards will be applied prior to any other coupons at point of
sale.
Points and Reward Coupon Return Policy
If Member returns merchandise that was purchased with Vital Care
Rewards, the returned value of the merchandise will only equate to
the total cash or credit originally charged. Vital Care Rewards
and/or coupons applied to the original transaction will not be
credited back to the Member. If a Member returns an item that earned
the Member Vital Care Points, the applicable number of Points will
be deducted from their Account.
Member Benefits
Members may be offered certain benefits (“Benefits”), including pet
birthday gifts and welcome kits. Benefits may require the completion
of certain activities, for example, completing a pet profile. The
Benefits available for Members to choose from will be displayed in
their Vital Care Account, which is accessible online at Petco.com or
on the Petco App.
Physical Benefits may only be redeemed in a participating retail
Petco Location. Petco cannot guarantee the availability of a
physical Benefit at a retail Petco Location; supplies are limited,
and Benefits are available while supplies last.
Benefits may be subject to additional terms and conditions,
including a limit to the number of a Benefit that a Member can
receive. These additional terms and conditions shall be established
from time to time and are subject to change in Petco’s sole
discretion. Benefits have no cash value and are not redeemable for
cash.
Members are solely responsible for safeguarding their Benefits and
protecting them from theft or unauthorized use and Petco will not
replace lost or stolen Benefits.
Cancellation and Termination Policy
Petco maintains the right to terminate Member's participation in
Vital Care Core at any time. Upon termination, Member will forfeit
any Points and/or Vital Care Rewards Repeated returns of merchandise
for which Points and/or Vital Care Rewards have been awarded may
result in termination of Member's participation in Vital Care Core
if, in Petco's sole discretion, such behavior is determined to be
fraudulent.
Please note that Petco may retain certain personal information
subsequent to termination, as required by law or for legitimate
business purposes. We may also retain cached or archived copies of
personal information about you for a certain period of time. For
additional information on how Petco maintains personal information,
please see our Privacy Policy.
Modification of Program Policy
Petco reserves the right to modify and/or terminate Vital Care Core
and/or these Terms & Conditions at any time without notice. Terms &
Conditions for the will be posted at
Petco.com.. Member's continued participation in Vital Care Core, including
use of an Account, Points and/or any Vital Care Rewards, shall
indicate Member's acceptance of these Terms & Conditions.
Member Terms of Use and Privacy Policy
Petco's
Terms of Use
and
Privacy Policy
shall apply to a Member's membership and participation in the Vital
Care Program.
Release of Liability
-Member hereby agrees to release Petco, its affiliate entities, and
their respective officers, directors, employees, and agents from and
against any and all liability relating to such Member's Vital Care
Program membership and/or these Program Terms.
Governing Law
These Program Terms shall be governed by and construed under the
substantive laws of the state of California, without reference to
conflict-of-laws.
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