Effective Date: December 11, 2019
3. Your Consent to Other Agreements
4. Ownership of this Site and its Content
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including Feedback (defined in section 6).
This Site, including all its Content, is protected under applicable intellectual property and other laws, including without limitation the laws of Canada, the United States and other countries. All Content and intellectual property rights therein are the property of the Company or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) retain any and all copyright and other proprietary notices contained in the Content; and (iii) do not copy or post the Content on any network computer or broadcast the Content in any media.
The Site and the Content provided through it are property of the Company or the Company’s licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Site (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or the Company.
All Company trademarks (whether registered or not), product names, company names, logos, service marks trade dress and/or domain names, and any other features of the Company brand (the “Company Marks”) are the sole property of the Company. All other trademarks, product names, company names, logos, service marks, trade dress and/or domain names mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Company Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, trade dress and/or domain names of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Company Marks or other trademarks, product names, company names, logos, service marks, trade dress and/or domain names or any other materials contained herein, except as permitted herein, is expressly prohibited.
6. Your Feedback
The term “Feedback” refers to all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
The Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment and for further precision, you do hereby assign to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. You also agree to waive any moral rights to the Feedback in favor of the Company. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
7. Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide personal information to the Company, it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and, if applicable, password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and, if applicable, password and are fully responsible for all activities that occur under your username and, if applicable, password by you or by anyone else using your username and, if applicable, password, whether or not authorized by you. If your account has a password, you agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password, if applicable, by contacting us using the information provided below. Until we are so notified, you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with all applicable laws, rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
You agree to refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any email or form entry created through the Site.
We make no representations or warranties with respect to this Site or its Content, or any service available on or promoted through this Site. This Site and all of its Content are provided on an “as is,” “as available” basis, without representations or warranties of any kind. 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 this Site its Content, and any services available or promoted through this Site. Without limiting the generality of the foregoing, the Company, its affiliates, and their service providers and licensors disclaim all representations, warranties and conditions (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) relating to the security of this Site; (c) that the Content of this Site is accurate, complete or current; or (d) that this Site will operate securely or without interruption or error.
We do not represent or warrant that this Site, its servers, or any transmissions sent from us or through this Site will be free of any harmful components (including viruses).
The Company does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Company spokespersons. We do not make any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. You accept that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
9. Limitation of Liability
Subject to Part 2 (if you have purchased a product or service through the Site) and to the fullest extent permitted by applicable laws, we, on our behalf and on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, exemplary, incidental or consequential damages; loss of employment; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with your use of this Site. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).
10. Links to Third-Party Websites
11. Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
14. Governing Law, Jurisdiction and Venue
If you are a client of the Company in the United States:
If you are a client of the Company in Canada:
You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
17. Entire Agreement
If you are in the United States:
Unitec 7249 Whipple Ave. N.W. North Canton, OH. 44720 1-855-276-1947 firstname.lastname@example.org
If you are in Canada:
[include contact information]
Part 2: Purchase of Products and Services
When you purchase a product or service through our Site, Part 1 and this Part 2 apply. To the extent there are inconsistencies between this Part and Part 1, this Part controls.
19. Products and Services
We reserve the right to change your Subscription from time to time in accordance with section 22.
20. Promotional Subscriptions
From time to time, we may offer a promotional Subscription (a “Promotional Subscription”) for a limited time period (“Promotional Period”) free of charge or at a reduced price. The Company reserves the right, in its absolute discretion, to determine your eligibility for a Promotional Subscription, and to withdraw or to modify a Promotional Subscription at any time without prior notice and with no liability to us. Sometimes, your Subscription may begin with a Promotional Subscription. In these cases, we will require you to provide your payment details at the start of the Promotional Period and, on the first day following the end of such Promotional Period, we may automatically start to charge you for the Subscription, on a recurring monthly basis. You may cancel a Promotional Subscription through your account’s settings before the end of the Promotional Period, in accordance with the terms of the Promotional Subscription.
21. Automatic Renewal of Subscription
When you purchase a monthly Subscription, your Subscription will automatically renew for an indeterminate period, payable monthly, and you expressly acknowledge and agree that (a) the Company (or our third party payment processor) is authorized to charge you on a monthly basis for the price of your Subscription (in addition to any applicable taxes and other charges set forth and accepted during the purchase process) for as long as your Subscription continues, and (b) your Subscription shall continue until you cancel it or we suspend or terminate it pursuant to section 23. The initial monthly recurring charges for your Subscription will be set forth during the purchase process. The amount you are charged may vary depending on the preferences you select and we may modify such recurring charges from time to time, subject to section 22.
22. Modifications to a Subscription
23. Cancellation Policy
You may cancel your Subscription at any time prior to the order invoice date by accessing your account (for instance, the “My Page” feature on the Car Wash App) or contacting us at [insert email address]. If cancellation occurs after the invoice date, the cancellation request will be processed for the next scheduled invoice. You are responsible for all charges (including any applicable taxes and other charges) incurred with respect to any order processed prior to the cancellation of your Subscription. We may cancel your Subscription upon no less than 60 days advance written notice to you.
25. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other products or services (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: (a) cancel or suspend any undelivered portion of your Orders, (b) make second and/or subsequent attempts to charge your payment method, and/or (c) use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible for paying all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Subscription, you can do so at any time by logging into your account and editing your payment information. All prices shown for products and services available through the Site and related charges are in Canadian dollars, unless indicated otherwise. Any applicable taxes and other charges, if any, are not included in the prices indicated on the Site.
26. Limitation of Liability
Not applicable to residents of Quebec.
To the fullest extent permitted by applicable laws we, on our behalf and on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, exemplary, incidental or consequential damages; loss of employment; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site and the use of the products and services purchased through the Site. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.
Applicable only to residents of Quebec.
Except for damages resulting from the Company’s own acts and the acts of its representatives, we, on our behalf and on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special punitive, exemplary, incidental or consequential damages; loss of employment; loss of use; loss of data; loss caused by a virus; loss of income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site and the use of services purchased through the Site. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.
Not applicable to residents of Quebec.
We make no representations or warranties with respect to any product available on or promoted through this Site. 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 available on or promoted through this Site. Without limiting the generality of the foregoing, the Company, its affiliates, and their service providers and licensors disclaim all representations, warranties and conditions of merchantability and fitness for a particular purpose with respect to any products available on or promoted through this Site.
COPYRIGHT © 2019 ALIMENTATION COUCHE-TARD INC., “COUCHE-TARD”. AND MAC’S CONVENIENCE STORES INC. DBA CIRCLE K STORES INC.