Care For My Home® 360 - Total Plan
Sigma Loyalty Group ("Sigma”) is the provider of this Care For My Home 360 Plan ("Plan”). This Agreement provides You with important information that You will need to know about Your subscription to the Plan.
Your subscription in the Plan allows You to be eligible for the Plan services described herein, subject to the terms, conditions, and limitations set out in this document (the "Terms and Conditions”). Please refer to this paragraph and to the Definitions section for the meaning of all capitalized terms in these Terms and Conditions, Welcome Communication and any other documentation in connection with the Plan.
"Agreement” or "Plan” means this Agreement. Your subscription is effective as of Your Enrollment Date indicated in Your Welcome Communication. You remain eligible for benefits as long as Your subscription is current. This Agreement is governed by the laws of Your province and Canada. By paying Your Subscription Fee You have deemed to have read the Terms and Conditions of this Agreement.
"Appliance” means only one of each eligible appliance specifically listed in this Agreement, and which is fully owned by the Homeowner. If You have more than one of the same appliance, service is limited to the Appliance for which You first file a claim, and excludes all others. Appliance does not include a rental appliance.
"Component(s)” means the mechanical or electrical part(s) and/or subassembly covered under the provisions of this Agreement. Coverage under this Plan applies to components that affect the safe operation of Your Home Systems or Appliances.
"Effective Date” represents the eligible time a Subscriber can submit a request for repair service on an Appliance or Home System, as indicated in Your Welcome Communication. Your Plan may include a Waiting Period, and any Appliance or Home System that requires service prior to the Effective Date must be covered and paid for by You. You are eligible to utilize the home referral benefits of this Plan immediately.
"Enrollment Date” means the date Your subscription in the Plan begins, as set out in the Welcome Communication.
"Home” means a single-family home or a freehold townhome owned by You and which is Your primary residence where You reside for more than six (6) months of a year. Home does not include condo townhomes, condominiums, rental properties, and any commercial properties or residences fully or partially used as businesses, including but not limited to day care centres, fraternity or sorority houses, or nursing care homes.
"Homeowner” means the owner of the Home who is also the original Subscriber of this Plan. The Homeowner may also be referred to as "You” and "Your” or "Subscriber”.
"Referral Service Provider” means the referral provider which You select to use to complete Your Home project from the options We provide to You. You must choose from the options We provide in order to be eligible for the Home Referral Services.
"Repair Service Provider” means the designated repair provider which You are required to use for repair and which We designate.
"Sigma”, ”We”, "Us” and "Our” means Sigma Loyalty Group Inc., PO Box 1700, Postal Station "D”, Toronto, Ontario M9A 5C7.
"Subscription Fee” means the cost of subscription to this Plan, including applicable taxes, as indicated in Your Welcome Communication. For Your protection and convenience, Your Subscription Fees will be automatically charged in advance at the then-current price to the payment account with which You enrolled in the Plan.
"System” means the Home Systems that are eligible for servicing as specifically listed in this Agreement, and which are fully owned by the Homeowner. System does not include any rental system.
"Waiting Period” means the number of days, as set out in your Welcome Communication, between Your Enrollment Date and Your Effective Date, where no request for repair service of an Appliance or System may be filed. Any Appliance or System that requires service during the Waiting Period would be covered and paid for by You. There are no Waiting Period requirements for the home referral benefits of this Plan.
"Welcome Communication” means Your enrollment email or letter confirming Your subscription in this Plan which We will send to You. The Welcome Communication indicates Your Effective Date and the address of the Home covered by this Plan.
You are eligible for subscription in this Plan if You meet the following conditions:
- The Home must be located in, and You must be a resident of Manitoba, Ontario, Quebec, Nova Scotia or Prince Edward Island.
- You must be on the property title of the Home as an owner.
- You must not have any other property already covered under this Plan.
- For Home Systems coverage, the property must not be a new construction where the property is already covered by a provincial new home warranty.
If We determine that an ineligible Homeowner or Home has been enrolled in the Plan, We may cancel the subscription through written notification and refund any Subscription Fee paid by You.
You are eligible to receive benefits of this Plan as long as Your subscription remains current. Eligibility for the Plan also requires You to be a current Plan Subscriber at the time the applicable repair or referral even occurs.
3. AGREEMENT PERIOD
This Agreement starts on the Enrollment Date. The initial term of this Agreement is one month, and it is renewed monthly by Your payment of the monthly Subscription Fee, unless cancelled or terminated as set forth in the General Provisions.
4. TOTAL PLAN SERVICES
This Plan covers the following; provided the Appliances and Home Systems listed are owned by You:
- Range/Oven/Cook Top (Gas or Electric)
- Clothes Dryer
- Clothes Washer
- Kitchen Refrigerator/Freezer
- Central Heating and Air Conditioning Systems
- Electrical System
- Water Heater
- Plumbing (emergency services only)
In the event that a mechanical breakdown or malfunction occurs that is beyond the inherent and natural wear characteristics of mechanical parts that affect the Systems or Appliances detailed in the section entitled "What services are provided”, We will arrange for the services of a Repair Service Provider, subject to the terms, conditions, and limitations set out in these Terms and Conditions.
To arrange for Plan services, please contact Us at 1-888-734-3944. Our customer service representatives are available 24 hours a day, 365 days a year.
Charges for Plan services, including parts, labour, and cost of necessary overtime or after-hours services, are paid for by Us directly to the Repair Service Provider, provided that services are pre-approved by Us. You will be responsible for any additional costs, including overtime charges and additional fees, for any service performed at Your request without Our prior approval. Unauthorized repairs are not covered under this Agreement.
Plan services are subject to the limitations listed below in the "What Services Are Provided”, "Total Plan- Service Limitations” and "Total Plan - Services that are Not Provided” sections.
Service Call Fee
A non-refundable service call fee of fifty dollars ($50.00) plus any applicable taxes will apply each time You request a Plan service. No service call fee will apply if the Plan service request is related to the same breakdown or malfunction occurring within 90 days, and for which You have already paid a service call fee. The service call fee will be charged to You at the time You request Plan services and will be charged to the method of payment provided by You during the call for service.
In the event You request Plan services for multiple Systems or Appliances, each System or Appliance will be subject to a service call fee.
What Services Are Provided
The following Systems and Appliances are covered under the Plan provided You own the Appliances and Systems.
Range, Oven and Cook Top (Gas or Electric): Plan services apply to all Components and parts that affect the operation of the appliance.
Services That Are Not Provided: Range, Oven and Cook Top services do not include consumable parts, such as: clocks, unless they affect the function of the oven; meat probe assemblies, rotisseries, racks, shelves, trays, knobs, buttons, handles, doors or hinges, light bulbs, roller or leveling feet, grates or burner bowls, and glass displays. Sensi-heat burners will only be replaced with standard burners.
Clothes Dryer: Plan services apply to all Components and parts that affect the operation of the appliance.
Services That Are Not Provided: We do not provide clothes dryer services in respect of: damage to fabric items due to malfunction; consumable parts including, but not limited to, handles, rollers and leveling feet, grates, buttons, caps, plastic mini-tubs, filter screens, knobs, and dials; and services required to eradicate or replace clogged vent lines.
Clothes Washer: Plan services apply to all Components and parts that affect the operation of the appliance.
Services That Are Not Provided: We do not provide clothes washer services in respect of: damage to fabric items due to malfunction; consumable parts including, but not limited to, handles, rollers and leveling feet, grates buttons, caps; rinse aids, filter screens, knobs, dials, fabric softener dispenser, plastic mini-tubs, and soap dispensers; and services required to eradicate or replace clogged drains, lines or outlet hoses.
Dishwasher: Plan services apply to all Components and parts that affect the operation of the appliance.
Services That Are Not Provided: We do not provide dishwasher services in respect of: consumable parts including, but not limited to, handles, rollers and leveling feet, glass displays, light bulbs, grates, knobs, dials, buttons, caps, rinse aids, racks, baskets; and services required to eradicate or replace clogged drains or lines.
Kitchen Refrigerator and Freezer: Plan services apply to all Components and parts that affect the operation of the appliance, including integral freezer units.
Services That Are Not Provided: We do not provide Kitchen Refrigerator and Freezer services in respect of: consumable parts including, but not limited to condensation pans, handles, rollers and leveling feet, glass displays, light bulbs, grates, knobs, dials, buttons, caps, racks, shelves, drawers, baskets; ice makers and ice crushers; beverage dispensers and related equipment; interior thermal shells or freezers which are not an integral part of the refrigerator; and, services required to eradicate or replace clogged drains or lines.
Central Heating and Air Conditioning Systems - Plan Services apply to the following Components of the Home's primary heating and air conditioning Systems:
- any air conditioners that are permanently installed in the Home and not portable;
- furnace or boiler;
- all floor, ceiling, or window heating units, including space heaters and electric baseboard heaters when permanently affixed to walls;
- heat pumps located within or outside the Home;
- evaporative coolers;
- control board;
- oil storage tanks located within the Home; and
- all exposed or accessible duct work pertaining to a central heating and/or central air conditioning System.
Services That Are Not Provided: Central Heating does not include in floor heating within the Home, driveway heating, or other secondary heating sources not specifically referenced above.
Limitations: The value of Plan services required to repair or replace a geothermal heating unit is limited to five thousand dollars ($5,000.00).
Prompt and Reliable Heating Service: If the Home is not adequately heated within 24 hours of You having contacted Us, and the temperature outside the Home is 0 degrees (Celsius) or lower as confirmed by Environment Canada, We will pay You two hundred and fifty dollars ($250.00).
Electrical System - Plan services apply to the following Components of the Home's electrical System:
- fuse boxes;
- electrical switches;
- electrical receptacles;
- electrical circuits, including repair of electrical short circuits; and
- circuit breaker panels.
Water Heater - Plan services apply to the following Components of the Home's water heater:
- the water heater tank;
- all gas control valves;
- heating elements;
- burner and pilot assemblies;
- burner blower motors and blower wheels;
- fuel units;
- static discs;
- air tubes;
- nozzles and nozzle lines;
- line filters and strainers;
- ignition wires;
- terminals and transformers;
- pressure and temperature relief valves;
- drain-cocks; and
- fuel pipe and fittings.
Emergency Plumbing - Plan services apply to any blockage, leak or breakage of:
- water piping and fittings;
- gas piping and fittings;
- vent piping and fittings; and
- waste piping and fittings.
Services That Are Not Provided: The emergency plumbing services provided under this contract do not include services required to eradicate clogged sink drains, and leaks from the following:
- shower or tub controls; and
- toilets or toilet Component parts.
Limitations: The value of Plan services required to repair or replace septic fields or piping that is behind or encased in concrete is limited to five hundred dollars ($500.00). The value of Plan services required to repair or replace a cracked sewer main is limited to two thousand five hundred dollars ($2,500.00).
Ancillary Repairs: If, as a result of performing Plan services described in the sections entitled "Central Heating and Air Conditioning Systems” and "Electrical System”, the Repair Service Provider must break through any walls, floors or ceilings, We will arrange for additional Plan services valued up to five hundred dollars ($500.00) to restore the affected wall, floor or ceiling.
Services That Are Not Provided: Ancillary repairs does not include decorating services required due to restoration of walls, floors, or ceilings.
Total Plan - Services Limitations
If the cost of any repair exceeds the cost of replacement with materials of like kind and quality, size, capacity or functionality, or if the necessary part(s) are no longer manufactured or available, then it is Our right to replace the part, Components, Home System, or Appliance rather than repair it.
The value of all Plan services required under this Plan with respect to the Home is limited to ten thousand dollars ($10,000.00) for Systems and ten thousand dollars ($10,000.00) for Appliances, in any 12 consecutive months.
If We are not able to perform any of Our obligations because of circumstances or events beyond Our control (for example, a major flood, earthquake or other natural disaster, act of terror or labour interruption), We shall be excused from the performance of such obligations for the duration of such circumstances or events and We shall not be liable to You for such failure to perform.
Total Plan - Services That Are Not Provided
In addition to any other limitations listed in these Terms and Conditions, the following limitations apply to all Plan services:
Plan services are not available on: condo townhomes, condominiums, rental properties, and any commercial properties or residences fully or partially used as businesses, including but not limited to day care centres, fraternity or sorority houses, or nursing care homes.
The Plan does not provide any services where the requirement for services is caused directly or indirectly by:
- defects or deficiencies which have been repaired by the manufacturer, retailer, or an authorized repair service provider outside of this Agreement during the first sixty (60) days following the Enrollment Date for the Home originally enrolled in the Plan or any subsequent Home to which You transfer coverage.
- external causes, such as but not limited to: structural changes, freezing, fire, electrical failure, flood, wind, water, lightning, mud, earthquake, soil movement, ice, snow, sleet, explosion, war, order of any civil authority, intrusion by unauthorized person(s), vandalism, malicious mischief, sudden and accidental tearing or breakage or any other accident or occurrence or event other than the normal use of property;
- dishonest acts on the part of the Homeowner;
- vermin or insect infestation; rust, corrosion, mold, mildew or bacterial manifestations;
- excessive water pressure;
- structural or cosmetic defect that does not affect the functionality;
- use of appliances, Components or parts for purposes other than those intended by the manufacturer;
- failure to provide normal, proper, and preventive maintenance, as specified by the manufacturer;
- inadequacy or lack of capacity of any Component in the Home or improper installation of equipment or design deficiencies;
- alteration, modification, upgrades, addition to, or deletion from any appliance or system, Component or part thereof;
- any violations of building codes, by-laws or other laws (any upgrade work or service required to meet building code or conform to by-laws, or other laws is also not covered);
In addition to all limitations listed in these Terms and Conditions, this Plan expressly disclaims any and all responsibility for the following:
- costs for repair or replacement of: electronic, computerized or energy management systems; and, device, lighting, and appliance management systems such as "Smart Homes”;
- costs to repair or replace Appliances or Systems previously repaired that are covered under a workmanship guarantee provided by the manufacturer, retailer, or authorized repair service provider;
- restoration of any wall or floor coverings, cabinets, counter tops, tiling, or painting; preventive maintenance;
- delays in getting parts;
- any service involving hazardous or toxic materials, asbestos, lead or the disposal of refrigerants or contaminants;
- shared appliances in multi-unit residences;
- indirect, consequential or incidental damages, losses or inconveniences (not applicable in Quebec);
- loss of profits, down-time charges for time and effort; or
- decorating services.
5. HOME REFERRAL SERVICE
Sigma provides assistance, information and referrals to pre-screened resources. You are responsible for Your ultimate decisions. Referral Service Providers are independent contractors and Sigma receives no compensation whatsoever for referring Subscribers to them. You are responsible for the contractual arrangements between You and any Referral Service Provider, and for paying for the services provided. Please ensure that You clearly understand the nature and cost of the work to be done before it starts.
Except as expressly provided in these Terms and Conditions, in respect of the $2,000 Service Guarantee, neither Sigma nor any of its servants, agents or representatives is in any way responsible for the quality or results of any of the services provided by the Referral Service Providers. In the event of a dispute between a Subscriber and a Referral Service Provider, Sigma will intervene on behalf of the Subscriber and use its reasonable efforts to mediate a favourable resolution.
The following clause is not applicable in Quebec. In no event shall Sigma's liability to You or anyone else exceed the reimbursement amounts expressly stated in these Terms and Conditions, and such are in lieu of any damages, direct or indirect or special or consequential, whether caused by or arising out of the default or negligence of Sigma, any of its servants, agents or representatives, any Referral Service Provider or any other person, and whether or not the possibility of any loss or damages was disclosed to or reasonably could have been foreseen by any of the foregoing.
In no event shall Sigma or any of its servants, agents or representatives be liable for any personal injury or loss of or damage to property, no matter how it is caused. Except as expressly provided in these Terms and Conditions, Sigma shall not be bound by any representation, condition, statement or warranty, whether expressed or implied, statutory or otherwise. The foregoing limitations and other provisions contained in these Terms and Conditions shall apply in any cause of action including, without limitation, breach of contract, negligence or other tort, and whether or not there shall have been a fundamental breach or a breach of any fundamental provision of the terms of subscription by You or Sigma and notwithstanding any election by You or Sigma to terminate Your subscription.
$2,000 Service Guarantee
Our total liability to You is limited to two thousand dollars ($2,000.00) for all loss or losses occurring in any Subscription year (based on Your Enrollment Date into the Plan), no matter how many referrals We may have made or in respect of which items. In no event shall Sigma's liability exceed the reimbursement amounts stated above.
This reimbursement is subject to the following conditions:
- Care For My Home 360 must have referred the Referral Service Provider to You for the specific job in question.
- You must provide Care For My Home 360 with the original written contract between You and the Referral Service Provider describing the job and contractual terms.
- The reason for the Referral Service Provider defaulting on the contract must have been substantially within the Referral Service Provider's control.
- You must contact Us within 30 days of the job being completed or abandoned so that We have the opportunity to mediate the dispute.
- You must provide Us with a professional estimate of the cost to remedy the problem prior to starting the remedial work and the receipts for the remedial work done.
- Your subscription must be active when You requested the referral right through to when the reimbursement request is received by Care For My Home 360.
- You must complete your request for reimbursement within 30 days of the remedial work being finished.
5% Cash Back
Our total liability to You is limited to five hundred dollars ($500.00) for all expenses incurred in any subscription year, no matter how many referrals We may have made or in respect of which items. In no event shall Sigma's liability exceed the stated reimbursement amount. This cash back is subject to the following conditions:
- You can request up to 5% cash back for expenses You have paid to Referral Service Providers referred to You by Care For My Home 360 who renovated or repaired Your home with the method of payment that Your Care For My Home 360 subscription is billed to.
- Care For My Home 360 must have referred the Referral Service Provider to You for the specific job for which You are requesting cash back.
- Your Care For My Home 360 subscription must be active from when You request the referral right through to when the request for cash back is received by Care For My Home 360.
- You must complete and submit Your request for Cash Back, along with Your receipts within 30 days of the completion of the work during which You paid for the services.
- This cash back has a maximum of one hundred and twenty five dollars ($125.00) per calendar quarter up to five hundred dollars ($500.00) per subscription year.
6. HOME MAINTENANCE SERVICES
Care For My Home 360 offers information related to maintaining Your Home. This material is provided for informational purposes only and should not be used or relied upon for diagnosis, repair or other purposes. Your reliance on any of the content in Care For My Home 360 is solely at Your own risk. In the event of an emergency, You should seek assistance from a qualified technician.
Sigma shall not and does not accept any liability in respect of any activities that You may undertake through using these services.
Home Inspection and/or Home Energy Evaluation
Our total liability to You is limited to three hundred and fifty dollars ($350.00) for the cost of one Home inspection or one Home energy evaluation per subscription year (based on Your Enrollment Date into the Plan). In no event shall Sigma's liability exceed the stated reimbursement amount. This reimbursement is subject to the following conditions:
- You must be selling or purchasing, or having the evaluation completed on Your principal Home of residence in Canada that is tied to the Subscription for the Plan.
- If You are submitting for a Home inspection, it must be performed by a qualified Home inspector.
- If You are submitting for the Home energy evaluation, it must be completed by a service organization licensed by Natural Resources Canada.
- You must complete and submit Your request for Reimbursement, and all applicable proof of the charge of the Home inspection or energy evaluation within 30 days of the completion of the Home inspection or evaluation.
- Your subscription must be active when Your Home was inspected and/or evaluated right through to when the reimbursement request is received by Care For My Home 360.
In no event shall Sigma's liability exceed the reimbursement amounts stated above.
7. GENERAL PROVISIONS
You remain eligible for service as long as Your subscription is current. For Your convenience, Your Subscription Fee will be automatically charged to the account You enrolled with, at the expiry of each subscription term.
By paying Your Subscription Fees, You are deemed to have read and accepted the Terms and Conditions of this Agreement as of the date Your payment is processed.
By You: You may cancel Your subscription in the Plan for any reason by calling Us at 1-888-734-3944, or by mailing Your cancellation request to:
Care For My Home 360
PO Box 1700, Postal Station "D”
Toronto, Ontario M9A 5C7
Upon cancellation, all future Subscription Fees will be stopped. The cancellation will be effective at the end of Your current billing period, and You will continue to have coverage under the Plan for the remainder of the current billing period, unless otherwise prohibited by law.
Automatically: Your subscription in the Plan and all services under the Plan will automatically end on the earliest of the following:
- The Subscription Fee is not paid when due;
- the date You cease to be on the property title of the Home as an owner;
- the date You transfer, sell or dispose of the Home; and
- the date You no longer reside, or it is no longer possible for You to reside, in the Home for more than 6 months of a calendar year
- the Home is converted for commercial or rental use.
If Your subscription in the Plan automatically terminates, service immediately ceases and We will have no further liability to You. The Subscription Fee paid by You is fully earned and You will not receive a refund.
You agree that You will give reasonable prior notice to Us of Your decision to (i) be removed from the property title of the Home as an owner, or (ii) no longer reside in the Home for more than 6 months of a calendar year.
By Us: At Our option, We may cancel Your subscription in this Plan for fraud or material misrepresentation immediately and without prior notice. We may discontinue the Plan and cancel the Plan upon giving You advance written notice as required by law.
Should We cancel this Plan or Your subscription in the Plan, We do so without any further liability. The effective date of cancellation is as determined by Us. The Subscription Fee paid by You is fully earned and You will not receive a refund.
Changes To The Plan
We reserve the right to modify these Terms and Conditions from time to time in accordance with applicable laws. We also reserve the right to modify the Benefits included in Your Subscription as well as associated pricing. We reserve the right to subcontract any of the Benefits and services included in Your Subscription to a third party service provider. This Agreement (as may be amended from time to time) and the supporting documentation contained in Your Welcome Communication constitute Our entire Agreement with You. If there is any inconsistency between the supporting documentation and these Terms and Conditions, these Terms and Conditions will prevail. Please refer to www.careformyhome360.com for the most current version of Your Terms and Conditions.
All dollar amounts provided in the Terms and Conditions, Benefit Descriptions, Welcome Communication or on the Care For My Home 360 website are in Canadian Dollars.
This Agreement, these Terms and Conditions and Your Welcome Communication, each as amended from time to time, will constitute the entire Agreement between You and Sigma. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set out in this Agreement (not applicable in Québec). We expressly disclaim any and all liability (including damages), in relation to the provision of the services. In addition, We do not represent or warrant that applicable call centres, websites or online resources will be available and meet Your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other destructive code will be transmitted or that no damage will occur to Your computer system. You have sole responsibility for Your data and/or equipment protection and backup and for taking reasonable and appropriate precautions.
Care For My Home 360 may include links to and from apps and websites operated by third parties. Links to or from apps and websites are for convenience only. Sigma does not review or control, and is not responsible for, the content or policies of any linked websites.
The Plan is transferable if You decide to move to another eligible property. However, You must meet the eligibility requirements as set out under section entitled "Eligibility,” and the new Home has to qualify as Your Home. This Plan applies to only one Home. You cannot transfer this Plan to another person.
You are responsible for ensuring that Care For My Home 360 has accurate information on file, including but not limited to address, phone number and email address. Sigma expressly disclaims any and all responsibility and liability for servicing Benefits if the information on file is not accurate.
8. CONTACT US
For general inquiries You may contact Us at:
Care For My Home 360
PO Box 1700, Postal Station "D”
Toronto, Ontario M9A 5C7