TERMS OF USE

Effective Date: May 25, 2023

Version 1

1. USE OF THE SITE

These Terms of Use (the “Terms”) govern your use of the Circle K and Couche-Tard Coupons Program website https://circlek.coupons and https://couchetard.coupons respectively by Circle K, Couche-Tard Inc. and Mac’s Convenience Stores Inc. and their respective affiliates (collectively, “Circle K”, “Couche-Tard”, the “Company”, “we”, “us” or “our”) in Canada (collectively, the “Site”). These Terms also govern your enrollment and participation in the Circle K and Couche-Tard Coupons Program, applicable in all of Canada. You can subscribe to the Circle K and Couche-Tard Coupons Program through the Site to receive coupons, offers and rewards redeemable in participating stores (the “Program”, collectively referred to with the Site herein as the “Service”). These Terms constitute a binding legal agreement between you, as a user of the Service, and us, as the provider of the Service. Your access to and use of the Service requires your compliance with these Terms.  By accessing and/or using any portion of the Site and/or enrolling or participating in the Program, you agree to be bound by these Terms and acknowledge and consent to our data practices described in our Privacy Policy.

WE URGE YOU TO READ THESE TERMS CAREFULLY, AS THEY INCLUDE PROVISIONS SUCH AS LIMITATIONS OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.

The Site is not intended for access or use outside of Canada, nor is participation in the Program. You are responsible for ensuring that your access to or use of the Service and the information, content, and other material available on or through it (“Content”) are legal in each jurisdiction in or through which you access or view the Site and such Content.

2. AMENDMENTS TO THE TERMS; ADDITIONAL TERMS

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service.  Each time you sign in to or otherwise access or use the Service, you are entering into a new agreement with us on the then applicable Terms and you agree that we may notify you of new Terms by posting them on the Service (or in any other reasonable manner of notice which we elect), and that your use of the Service after such notice constitutes your going forward agreement to the new Terms for your new use and transactions.

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. References to “Terms” herein shall include reference to any applicable Additional Terms.

In the event of a Dispute involving these Terms, the version of the Terms in effect at the time the disputed actions take place shall govern the Dispute.

3. LICENSE

Subject to your compliance with the Terms, you may, as applicable, (a) access and use the Site in connection with your participation in the Service and (b) display, view and use the Content on a computer, mobile or other internet enabled or permitted device, in each case solely for your own personal and non-commercial use.  You may not: (i) copy, modify or distribute the Service or Content for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Service or Content to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Service or Content; (iv) access or use the Service or Content for purposes of competitive analysis of the Service or Content, the development, provision, or use of a competing service or product or any other purpose that is to Circle K/Couche-Tard’s commercial disadvantage; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise cause harm to the Service, Circle K, Couche-Tard, other users of the Service, or a third party; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems, or networks connected to the Service, through password mining or any other means; (ix) make the functionality of the Service available to multiple users through any means; (x) use multiple accounts per individual user per device; or (xi) use the Service or Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms and/or applicable laws.  Furthermore, you agree that you will NOT use the Service to:

1. upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, violate the right of any third party, or otherwise objectionable;
2. frame or utilize framing techniques to enclose any Content (including any images, text, or page layout);
3. make any modifications to the Content (other than to the extent of your specifically permitted use of the Service, if applicable);
4. upload or transmit any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
5. insert any code or product to manipulate Content in a way that adversely affects any user experience to the Service;
6. use Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands;
7. stalk, harass, threaten or harm another;
8. request personal or other information from anyone, including other users of the Service;
9. pretend to be anyone, or any entity, you are not, you may not impersonate or misrepresent yourself as another person, entity, another Site user, or otherwise misrepresent your affiliation with a person or entity; or
10. plan or engage in any illegal activity and/or gather and store personal information on any other users of the Site to be used in connection with any of the foregoing prohibited activities.

Other than set forth explicitly in this Section 3, no other licenses or rights are granted to you by implication or otherwise, including in or to any intellectual property rights owned or controlled by us or our licensors.

4. ELIGIBILITY TO USE THE SERVICE; ACCOUNT CREATION

In order to access the Service, you have to “register” (create an “account”). A mobile phone is required to register and access to an internet connection while in-store is required to participate in the Program (i.e. redeem the coupons, offers and rewards). To create an account, and participate in the Program, you must be over the age of 13. If you are between the ages of 13 and 18, you may create an account only under the supervision of a parent or legal guardian who has read, understood and agreed, on your behalf and on his/her own behalf, to be bound by these Terms. Circle K/Couche-Tard reserves the right to verify your age and identity to grant you access to age-restricted offers in association with the Program which is described in further detail below. If you create an account, you will be asked to provide a mobile phone number where your access to the Program will be sent via SMS. This shall be deemed to be submitted by the Authorized Account Holder of the mobile phone number used to enter the Program.  “Authorized Mobile Account Holder” of a mobile phone is defined as the natural person who is assigned to a cellular telephone number by a wireless carrier that is responsible for assigning cellular telephone numbers. You may participate in the Program ONLY using one (1) mobile phone number for which you are the Authorized Mobile Account Holder. Phone numbers from Wi-Fi texting apps are not supported and are not permitted to be used to participate in the Program. You may be required to provide proof that you are the Authorized Mobile Account Holder associated with the selected mobile phone number. By submitting a phone number, you represent and warrant that you are the Authorized Mobile Account Holder. You shall be responsible and liable to Circle K/Couche-Tard for any damages and other losses incurred by them as a result of your submission of any phone number for which you are not the Authorized Mobile Account Holder.

Any attempt by you to obtain more than one account by using multiple/different mobile phone numbers, identities, or any other methods will result in disqualification from the Program at Circle K/Couche-Tard’s discretion. Use of any automated system (including but not limited to, mobile phone numbers submitted using any robot, script, macro, or other automated service) to participate is prohibited and will result in the disqualification from the Program.

You represent and warrant that any registration information that you submit to Circle K/Couche-Tard is true, accurate, complete and up-to-date, and you agree to keep it that way at all times. Circle K/Couche-Tard reserve the right to cancel memberships with incomplete or incorrect member information. You will also have to accept these Terms, Circle K’s/Couche-Tard’s Privacy Policy.  

You agree not to allow access to this Program to anyone else and that you will be solely responsible for any activities or actions taken under your account, whether or not authorized by you.  Please notify us immediately of any unauthorized use of your account.  We are not liable for any loss or damage from your failure to comply with these requirements.  By creating an account, you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Site.

You may delete your account at any time by contacting us at [email protected] and requesting your Circle K/Couche-Tard Coupons Program account be deleted.

5. CIRCLE K/COUCHE-TARD COUPONS PROGRAM

1. MEMBERSHIP ELIGIBILITY

The Program is available in participating Canadian Circle K and Couche-Tard locations only.  Furthermore:

1. Only natural persons may participate in the Program; corporations, companies, joint ventures, partnerships, groups and associations are excluded.
2. Program benefits and rewards cannot be transferred, converted into cash or sold. Offers and rewards redeemed solely by the member on presentation of the Program’s offer’s barcode at participating stores.
3. Program members must advise Circle K/Couche-Tard of any changes in their personal information. Moreover, Circle K/Couche-Tard will have no obligation to grant rewards or communicate any information or notice to a member who did not provide its personal information or an update of such.

2. COUPONS, OFFERS AND REWARDS

To redeem a coupon, an offer or a reward, members must present their barcode for the applicable Circle K/Couche-Tard Coupons Program offer at a participating store, before presentation of payment, or follow whatever other procedures as may be determined by Circle K/Couche-Tard from time to time. Redemption of coupons, offers and rewards are subject to product availability.

Coupons, offers and rewards are subject to specific Additional Terms, as provided for each specific promotion.  Only coupons, offers and rewards downloaded and reproduced from the Site shall be accepted in participating stores.  Coupons, offers and rewards cannot be used or redeemed with online or delivery orders. Unless otherwise specifically provided, coupons, offers and rewards made available through the Program expire five (5) days after issuance. ALL REWARDS MUST BE REDEEMED BY THE EXPIRATION DATE INDICATED ON THE SITE.

Furthermore, Circle K/Couche-Tard may, from time to time and at its sole discretion, partner with various businesses of its choice on Program offers and joint promotions. Circle K/Couche-Tard may, at its sole discretion, offer personalized promotions, promotional activities, contests or others exclusively to certain categories of members. The details, terms and conditions of such promotions are communicated to members.

Incomplete, illegible, electronically or physically altered, fraudulent or otherwise corrupted coupons as well as coupons not downloaded or reproduced from the Site or that have been modified or falsified shall be rejected.  The Company reserves the right to refuse to honor coupons or rewards if, in its sole discretion, it believes that the person using them has abused or refused to comply with applicable terms and conditions, made a false statement or committed fraud.  The Company reserves the right to suspend, modify or terminate any coupons, offers or rewards programs without prior notice if, in its sole discretion, it determines that the coupons, offers or rewards program documents are impaired or corrupted or if any program is deemed illegal.

6. CHANGES TO THE SITE, SERVICES AND OFFERS

We reserve the right, at our sole discretion, to the extent permitted by applicable law, (a) to modify or suspend at any time the Site, Program, Service or any part thereof either generally or with respect to a specific user, (b) to modify or withdraw services or products offered on or through the Site, Program, or Service, or otherwise terminate the provision of the Site, Program, or Service. Without limiting the generality of Section 2, when required by applicable laws, you will be notified of modifications to the Site, Program or Service.

7. MOBILE, MESSAGING, AND LOCATION-BASED FEATURES

A.                  MOBILE FEATURES 

The Service may offer certain features and services via your mobile device.  Features and services may include the ability to access the Service’s features, upload content to the Service, receive messages from the Service, and download applications to your mobile device (collectively, “Mobile Features”).  You agree to receive communications we may send through Mobile Features for which you are registered.  Further, we may collect information related to your use of the Mobile Features.  If you have registered via the Service for Mobile Features, then you agree to notify Circle K/Couche-Tard of any changes to your mobile contact information (including phone number) and update your accounts on the Service to reflect the changes.  If the Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device.  These notifications, including badge, alert or pop-up messages, may be delivered to your device even when the Service is running in the background.  You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your device through your device and/or internet browser settings.  Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible.  Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

B.                  TEXT MESSAGES AND EMAILS

Text Messages.  When registering for the Program, you must provide your mobile phone number. You will receive a text message with a link to the Site, where the Program’s coupons, offers and rewards are presented. You may be given opportunities to subscribe to various text marketing or other text messaging programs. By registering to the Program and providing your mobile phone number, you consent to receive ongoing text alerts (including by auto-dialers) from us related to the Program.

At the time of registering for the Program, you may be given the opportunity to subscribe to text marketing or other text messaging programs relating to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited.  You are not required to subscribe as a condition to access the Site, receive the Service or participate in the Program. If you do agree, you consent to receive promotional texts monthly (monthly frequency rate may vary), plus additional non-promotional texts. You understand and accept that short-form descriptions of Program message caps refer to only caps on promotional messages and not to non-promotional messages (e.g., responding to your HELP requests).

Your subscription auto-renews each month until you unsubscribe. You can unsubscribe at any time by texting “STOP” to the Program short code (currently 247-253) or as a reply to a Program text you receive.  You can also unsubscribe by emailing us at [email protected].  You hereby consent to receive a text message confirming that you have unsubscribed, as well as other non-promotional text messages (such as when you text the short code to join, or send us a HELP text or any unrecognized message and when we send you administrative messages such as if we change the short code).  You understand that unsubscribing to the Program will not terminate your consent to receive other kinds of text or email alerts from Circle K/Couche-Tard to which you may have subscribed.  You must unsubscribe from each text or email program separately. You agree to promptly notify us if your phone number changes or you do not continue to own and control the device assigned by your carrier to the number you provided us by contacting us at [email protected] or by changing your Program subscription information within your account.

You understand that message and data rates may apply and your carrier may charge you or deduct usage credit from your account when you text us or we text you and you consent to that. The Program may not be supported by all carriers and all devices.   Check with your carrier for details.

Email Messages.  You may be given opportunities to subscribe to various email marketing or other email messaging programs and by doing so, you consent to receive ongoing emails from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited.  You are not required to subscribe as a condition to access the Site, receive the Service or participate in the Program. If you do agree, you consent to receive emails monthly (monthly frequency rate may vary), plus additional non-promotional emails. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited.  Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

C.                  Location-Based Features

If GPS, geo-location or other location-based features are enabled on your device, you acknowledge that your device location may be tracked and may be shared with others consistent with our Privacy Policy, at the time of registration to identify the closest participating store.  Some devices and platforms may allow disabling some, but not all, location-based features or managing such preferences. Typically, your proximity or connection to wi-fi, Bluetooth and other networks may still be tracked when location services are turned off on Device settings. You can terminate device location tracking in your internet browser settings. Territory geo-filtering maybe required in connection with use of some Service features due, for instance, to content territory restrictions. 

8. LINKS TO OTHER WEBSITES

We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”). The Site may contain hyperlinks enabling users to visit external websites, owned and operated by third parties.  These hyperlinks are provided to you as a convenience only. In addition, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that we do not control.  Similarly, we may make third-party ads and other Third-party Services, which we also may not control, available to you on or via our Service.  This may include the ability to download barcodes for offers and rewards and store them in your Apple Wallet or Google Wallet.  The Company has no control over these external websites and apps, and does not guarantee their content.  You assume full responsibility for your use of Third-Party Services and fully release the Company from all liability.  Under no circumstances the inclusion, on this Site, of a hyperlink, content, or other feature to or provided by a Third-Party Service shall be interpreted or construed as an endorsement, by the Company, of any representation or information contained on any such website or as a partnership or affiliation with the owner of any such website.  Your use of Third Party Services is subject to the terms and conditions of these services.  Furthermore, you may not create links from other websites to the Site, except if expressly permitted by the Company.

9. EXCLUSION AND DISCLAIMER OF WARRANTIES

THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE SERVICE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE SERVICE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SERVICE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCT AND/OR SERVICES AVAILABLE ON OR PROMOTED THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATION, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES AVAILABLE ON OR PROMOTED THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE, INCLUDING THE SITE, THE PROGRAM, CONTENT, AND ANY PRODUCTS AND/OR SERVICES AVAILABLE ON OR PROMOTED THROUGH THE SERVICE (THE “COMPANY OFFERINGS”).

EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THE COMPANY OFFERINGS ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE BROWSING, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE COMPANY OFFERINGS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY OFFERINGS OR OTHERWISE, ANY HYPERTEXT LINKS TO THIRD PARTIES OR OTHER THIRD-PARTY SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY OFFERINGS OR ANY LINKED SITE; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.

BECAUSE CERTAIN FEDERAL OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

10. USE OF INFORMATION AND ERRORS

The Content displayed on the Site is provided for informational purposes only, unless otherwise stated. Price errors or product/service description errors or inaccuracies, including color, origin, category or other characteristics may occur. The Company reserves the right (i) to correct any such errors, at its sole discretion, at any time and without prior notice, and (ii) to refuse, cancel or correct any order containing such price or description errors or inaccuracies.

11. INDEMNIFICATION

By using the Service you hereby agree to indemnify, defend and hold harmless the Company, its affiliates, and their respective directors, officers, owners, employees, agents, mandataries, contractors, licensors, licensees, franchisees and third-party suppliers (“Company Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Company Parties in connection with any claim arising out of, based upon or resulting from your use of the Service.  The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of the Company.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF COMPANY OFFERINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY’S CONTRACTORS OR SERVICE PROVIDERS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, DAMAGES OR LOSSES RESULTING FROM PRODUCT/SERVICE PRICE OR ATTRIBUTABLE ERRORS, PRODUCT ERRORS, SUBSTITUTIONS, MISSING PRODUCTS, INACCURATE PRODUCT-SERVICE DESCRIPTIONS OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.

IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE SITE, IN NO CASE WILL THE COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, CAD $10.00.

IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SERVICE AND/OR TO ASK, IN PERSON AT THE DESIGNATED STORE, FOR A REFUND OR EXCHANGE OF THE PRODUCTS IN QUESTION DEPENDING ON THE DESIGNATED STORE’S REFUND AND EXCHANGE POLICY.

CERTAIN FEDERAL OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13. INTELLECTUAL PROPERTY RIGHTS

Content on the Service, including but not limited to texts, images, illustrations, articles, photographs, software, audio clips and video clips, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The Content on the Service is protected by the Trademarks Act and all applicable laws of other countries and international treaties.  Any unauthorized use of the Content, including any reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, performance, translation, distribution to the public or downloading is prohibited without the prior written authorization of the Company. Except as set forth in Additional Terms, you may, however, make a single copy of Content published on the Service for personal, non-commercial, use as long as the Company is identified as the source.  The trademarks displayed on the Service are trademarks, registered or unregistered, of the Company, its affiliates or third parties, which are the property of their respective owners. The trademarks displayed on the Service cannot be used without the prior written authorization of the Company or their respective owners. No element of the Service shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of a trademark, except with the express written consent of the Company or the owner of such trademark.

14. YOUR MATERIAL

The Company is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Service or any other Company websites including any Company pages on social networking websites and webpages such as Facebook, Twitter, Instagram or YouTube (collectively, your “Material”). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of the Company or any of its divisions, affiliates, subsidiaries, directors, officers, employees, franchisees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material.  You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold the Company harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material.  The Company reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.

Other than your account information and your information needed to process orders, the Company does not wish to receive Material from you that is confidential, secret or proprietary information. 

You acknowledge and agree that any Material which you provide including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the Service, is not, except as may be required under applicable law or pursuant to the Circle K’s/Couche-Tard’s Privacy Policy, confidential, secret or proprietary. 

You hereby acknowledge and agree that any and all information and Material provided by you to the Service may be included in a database owned by the Company in which we have rights and interests, including but not limited to, the compilation copyright, and we reserve the right to use any information or materials you provide to us or that we obtain through your use of the Service to the fullest extent permitted by law. You, therefore, consent to the Company using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of the Company or the disclosure of your identity, in accordance with these Terms and the Circle K’s/Couche-Tard’s Privacy Policy.  

For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Service, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by the Company of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that the Company is under no obligation to use any material or ideas submitted by you in any way whatsoever.

Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to the Company or the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to these Terms. The Company shall not be responsible for the payment of any monies to any other party in connection with the Company’s use of any information or material provided by you to the Company or the Service. You also represent and warrant that any and all such information or Material which you provide to the Company, whether provided by you electronically by accessing or using the Service or otherwise, and the Company’s use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.

15. SURVEILLANCE

The Company may monitor the access to the Service (and any other of its websites) and other activities in relation to the Service (and any other of its websites) and other Company Offerings and may intervene in this regard. However, the Company makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if the Company ever decides to do it.

Circle K/Couche-Tard reserves the right, in their sole discretion, to disqualify from this Program any person that Circle K/Couche-Tard reasonably believes has tempered or attempted to temper with the operation of the Site, who does not comply with these Terms or acts in a manner that goes against the spirit of the Program or adversely or with the intent to disturb, insult, threaten, intimidate or harass any other person. ANY ATTEMPT BY TO DELIBERATELY DAMAGE THE PROGRAM PLATFORM/APPLICATION (OR A WEBSITE LINKED THERETO) OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, CIRCLE K/COUCHE-TARD RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

16. SECURITY OF THE SITE

You may not use the Service, or other Company Offerings for purposes other than the purposes set out in these Terms.  You are prohibited from making any attempt whatsoever to access any data not intended for you, testing the vulnerability of our systems and solutions, compromising their security or efficiency and effectiveness, and sending unsolicited e-mail, including, without limitation, advertising.  All such actions are against the law and may result in civil or criminal proceedings.

17. GOVERNING LAW AND JURISDICTION

1. Forum Selection/Jurisdiction.  Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your Materials, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Toronto, Ontario. Each party submits to personal jurisdiction and venue in Toronto, Ontario for any and all purposes.

 

2. Pre-Arbitration Notification.  The Company and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that the Company need not do so in circumstances where its claims of intellectual property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or the Company – shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is making a claim, the letter shall be sent, via email, to the email address listed in your Company account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 16.B.  If you are making a claim, the letter shall be sent to 305 Milner Ave., Suite 400, 4^th floor, Toronto, ON M1B 3V4 Canada (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 16. Either you or the Company, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 16.C) before the expiration of this sixty (60)-day period.

 

3. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY COMPANY PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY COMPANY PARTY. 

 

4. Governing Law. These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against the Company or by the Company against you pursuant to this Section 16, or otherwise related to the Service, Content, your Materials or other of the Company products or services, will be governed by, construed, and resolved in accordance with, the laws of the province of Ontario and the federal laws applicable therein, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.

 

5. Class Action Waiver. As permitted by applicable law, both you and the Company waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else.

 

6. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

18. SEVERABILITY; INTERPRETATION

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction for any reason, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity and enforceability of any of the remainder of these Terms or the applicable Additional Terms. To the extent provided by applicable law, you agree to waive and will waive any applicable statutory and common law principles that may permit a contract to be construed against its drafter.

19. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT

As permitted by applicable law, the Company reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms; (iii) use any information obtained by the Company in accordance with our Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by the Company to comply with law enforcement requests or legal requirements in accordance with our Privacy Policy; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any applicable Additional Terms; and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to the Company under these Terms and any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from the Company, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service (including by deleting any downloads). The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including all rights and licenses you grant to the Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

20. ASSIGNMENT

The Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned to you, and you may not delegate your duties under them, without the prior written consent of an officer of the Company.

21. COMPLETE AGREEMENT; NO WAIVER

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or the Company in exercising or enforcing any of the rights, powers, or remedies granted hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any of term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

22. HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.

23. NOTICES; QUESTIONS; CUSTOMER SERVICE

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. If you have a question regarding the Service, you may contact the Company by e-mail, phone, or post mail using the contact information provided below. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.

24. CONTACTING US

By e-mail

[email protected]

By phone

1-800-424-2403

By post mail

Circle K Customer Care

305 Milner Ave., Suite 400, 4^th floor

Toronto, ON M1B 3V4