1. Use of the Site

The Aeroplan eStore (the "Site") is owned and operated by Aeroplan Canada Inc. (the "Owner") and is intended for your personal non-commercial use and information. Your use of the Site is subject to all Terms and Conditions including the following (the "Terms") and all applicable laws. By accessing and browsing the Site, you accept the Terms without limitation or qualification. If you do not agree with the Terms, whether in whole or in part, do not use the Site.

Access to the Site is limited to individuals located within Canada at the moment the Site is accessed and who are thirteen years old or older.

You are responsible for ensuring that your access to the Site and the material available on or through it are legal in each province in or through which you access or view the Site or said material.

In the event that there is a conflict between these terms and conditions and the web site usage terms and conditions located at http://www.aeroplan.com/terms_and_conditions.do ("General T&Cs"), these terms and conditions shall prevail over the General T&Cs with respect to your use of the Aeroplan eStore web site.

2. Online Shopping

The Owner provides you with a service through which you can enter into a contractual relationship with independent vendors.

Links to specific products or offers will lead you to the website of a third party merchant that is not controlled or related to the Owner. Once you have followed said links, the Owner will not be held responsible for any activity resulting from those links, including the sale of merchandise or services; payment for and delivery of related goods and services; and all other terms, conditions, representations, and warranties related to such dealings, which will then be solely between you and said third party. Once you have accessed a third party merchant’s website, the terms and conditions applicable to such website will govern your use of it.

Please note that prices advertised on third party merchant’s websites may be in U.S. dollars and that some third party merchants may require payment in that currency.

In the event of a dispute between this third party merchant and yourself, the Owner will not be able to intervene.

The Owner shall not be responsible or liable in any way for any loss or damage of any kind arising out of, or in connection with, any such dealings or transaction.

Any questions, complaints or claims related to the goods sold, including their warranties, should be directed to the appropriate vendor.

3. Registration and Identification

Certain services offered through the Site may require registration and identification of the user. If you decide to register to the Site, you undertake to provide all required information and you represent that all information provided is true and accurate. Should the information provided change, you undertake to update your registration so as to keep the information current and accurate.

You further undertake to keep confidential any user name, account number or password provided to you as a result of your registration. You agree to be held liable and to hold harmless the Owner for any activity carried out under the user name, account number and password attributed to you. Should you become aware of any unauthorized use of your user name, account number and/or password, you have the responsibility of notifying the Owner as soon as possible.

4. Exclusion of Warranties

The Owner makes no representation or warranty regarding the functionality, good working order or condition of the Site, the information, applications, products, and services contained on the Site, its suitability for use, or its use in an uninterrupted or error-free manner. ALL MATERIAL, APPLICATIONS, PRODUCTS, SERVICES, AND INFORMATION ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE OWNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusions otherwise provided in the Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non permitted exclusions may not apply to you.

5. Limitation of Liability

The Owner and its affiliates, as well as their respective representative such as, directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the Site, its content, or the use thereof or access thereto. For greater certainty, but without limitation whatsoever and notwithstanding anything to the contrary, the Owner and its affiliates, as well as their respective representatives such as directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the following:

a. Telecommunications systems breakdowns, underperformance, delays, interruptions in service, electrical failures and blackouts, including such failures and problems having a negative impact on the communication, transmission, accuracy or prompt reception of information, material, messages or instructions between you and the Owner or preventing, in whole or in part, the transmission of such information, material, messages or instructions;

b. your inability, at any time, to access any part of the Site or its content, or the products and services offered on the Site;

c. the interception, loss or disclosure of confidential or sensitive information communicated via the Internet, including personal information;

d. the lack of reliability, prompt access or availability of the Site or any part of its content and the products and services offered on the Site; and

e. the failure of the Owner to take corrective measures.

Your sole and exclusive remedy is to discontinue using and accessing the Site. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply.

The exclusions and limitations mentioned above shall apply regardless of whether the claims, losses, costs, or damages are founded on a contractual or extra-contractual basis or on any other theory of liability, and these exclusions and limitations shall apply even if the Owner is advised of the possibility of such claims, losses, costs or damages.

Given that certain jurisdictions prohibit the exclusion or limitation of moral, bodily, incidental or consequential damages, the liability of the Owner in those jurisdictions is limited to the extent allowed by law.

Notwithstanding the foregoing, in the event that the Owner is held liable for damages you suffer related to the Site, this liability will in no case exceed the sum of $100.

6. Indemnification

You agree and undertake to take up the defence, indemnify and hold harmless the Owner and its affiliates, including their respective representatives such as directors, officers and employees, from all liability, claims, suits originating from a third party, and damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with your failure to respect the present Terms or from any other act or omission on your part through your use of the Internet, your access to any website, including the Site, or access to any website by anyone using your computer system with your permission and on your behalf.

7. Copyrights and Trademarks

Material on the Site, including but not limited to texts, images, illustrations, software, HTML code, audio clips, and video clips, is owned or otherwise provided by the Owner who does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Site is protected in Canada by the Copyright Act and in other jurisdictions by applicable international treaties and local laws. Consequently, the material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, video or executable files, without the prior written consent of the Owner.

Trademarks, logos, and service marks including but not limited to the Aeroplan logo displayed on the Site, are registered or unregistered Marks of the Owner or others and the property of their respective owners, and may not be used without written permission from the owners of such Marks.

Nothing in the Site is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. You agree not to adapt, translate, modify, decompile, disassemble or reverse engineer any material, file, software or other element made available through the Site.

8. Information Transmitted

The Owner will use its best effort to maintain the confidentiality of the personal and confidential information it receives from you. The use of this information is governed by the privacy policy of the Owner. PLEASE REFER TO THE PRIVACY POLICY FOR MORE INFORMATION.

You however acknowledge that any unprotected e-mail communication via the Internet is subject to possible interception, alteration or loss and that the Owner will not be responsible for any loss or damages suffered in such circumstances.

Communications via the Internet are susceptible to interception, loss or modification. Thus, no personal information should be transmitted by you to the Owner by way of email, unless measures have been taken to ensure the security of said communications. The Owner may disclose information communicated by the user in order to satisfy the requirements of any law, regulation or governmental request to which the Owner is bound.

Owner and its affiliates, as well as their respective directors, officers, and employees, take no liability whatsoever towards you or a third party for any injury or damages suffered in relation to any email sent to the Owner or by the Owner at your request. You fully take the risks associated with such communications.

You represent and warrant that the information or material that you provide electronically to the Owner by accessing or using the Site does not infringe the rights of any other person or entity.

9. User-Generated ContentThe Site may include comments sections, bulletin boards, chat areas, and forums (collectively "Forums") which allow feedback to the Owner and users, and interaction between users. The Owner does not control the messages, information or files delivered to Forums, unless otherwise noted therein. However the Owner reserves the right at all times to monitor, edit, refuse to post or to remove any information or materials, in whole or in part, that, in the Owner’s sole discretion, are objectionable or in violation of any of the Terms and to deny any user access to the Site. Users accessing Forums agree not to:

a) restrict or inhibit any other user from using and enjoying Forums;

b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or any blatant expression of bigotry, racism, hatred or harassment, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign law;

c) post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum;

d) post or transmit or in any way exploit any information, software or material, for commercial purposes or which contains solicitations for sales or purchases, advertising, promotion or marketing;

e) post, transmit, link to or otherwise distribute any file or information containing a virus, Trojan horse or other harmful content; or

f) use the Forums for any commercial purpose whatsoever.

By uploading materials or by contributing to any Forum, you automatically grant (or warrant that the owner of such material expressly grants) to the Owner a worldwide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, exploit, televise, broadcast, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials for any purpose whatsoever and in any manner, media or technology whatsoever, including, but not limited to all forms of television, wireless and online technology, now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.

When participating in a Forum, you should never presume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. The Owner cannot be responsible for the content or accuracy of any information and will not be responsible for any reliance or decisions made based on such information.

10. Monitoring

The Owner may monitor access to the Site and other activities in relation thereto. The Owner may intervene at its sole discretion, for example to ensure conformity with the Terms or any rule of law or order, but makes no representation and gives no warranty as to said monitoring. By using and accessing the Site, you consent to said monitoring should the Owner proceed therewith and to any eventual intervention.

11. Links

The Owner has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not take any responsibility for any such other websites, information or material, products or services posted or offered thereon. You may not create links from other websites to pages of the Site other than to the main page, except if expressly permitted to do so by the Owner.

12. Accuracy of Information

While the Owner may update the information or material on the Site from time to time, the Owner does not represent or warrant that information or material on the Site is up to date, accurate, error-free or complete.

13. Responsibility for your Computer System

You remain entirely responsible for all damage caused to your computer system by (i) the connection, configuration, and compatibility of the different components of your computer system, (ii) the use of all material originating from any website whatsoever, (iii) access to any website, and (iv) the download of any data, software or viruses.

The Owner and its affiliates, as well as their respective directors, officers, and employees, take no liability whatsoever for the illegal access to your computer system by hackers or for the quality, reliability, compatibility or speed of services provided by any internet service provider.

14. Virus

The Owner does not represent or warrant that the information or material, including any downloadable software, accessed from or through the Site will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems that are discovered will be corrected.

15. Damages to Others

You agree and undertake not to introduce in or through the Site any information or material that may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information that may, for instance, constitute libel, slander, defamation or an obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

16. Reserved Rights

All rights not expressly granted in the Terms are reserved to the Owner. Nothing contained in the Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual right of the Owner or of any other person or entity.

17. Governing Law

The Terms shall be governed by the laws applicable in Ontario, and the laws of Canada as may be applicable. You agree to be bound by such laws and to submit to the exclusive jurisdictions of the courts of Ontario whose courts shall have exclusive jurisdiction in connection with the interpretation or application of the Terms.

18. Severability

If any provision of the Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction, nor shall it affect the legality, validity or enforceability of any other provision of the Terms in any jurisdiction.

19. Changes

The Owner may modify, alter or otherwise update the Terms from time to time without notice and you agree to be bound by the Terms as soon as you access the Site.

If material changes are made to the Site, the Owner will notify you of such changes. Use of the Site following such notification entails the acceptance of the new terms and conditions.

20. Termination

You acknowledge and agree that the Owner, in its sole and absolute discretion, may, without notice to you, suspend, cancel or terminate your account or your use of, or access to, the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and your use thereof), for any reason, including where the Owner believes that you have violated any of the Terms. You further agree that the Owner shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or any of its services or with any of the Terms, or with any conditions, rules, policies, guidelines, or practices of the Owner or any of the services available on the Site, your sole and exclusive remedy is to discontinue using the Site or its services.

21. Entire Agreement

The Terms constitute the entire agreement between the Owner and you pertaining to your use of the Site, its services and content and supercede any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you and the Owner with respect to the subject matter hereof.

22. Transfer

Owner may transfer or assign all of his rights and responsibility without notice. You may not assign any of the rights granted herein.

23. Last Revision

The Terms were last revised on May 23, 2008.