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Circle K Unlimited wash - Terms of Use

Effective Date: December 11, 2019

Thank you for visiting our website or mobile application. These Terms of Use govern the use of all online platforms owned and operated by Alimentation Couche-Tard Inc., “Couche-Tard” and Mac’s Convenience Stores Inc. dba Circle K Stores Inc. (collectively, the “Company”, “we”, “us” or “our”) in Canada and the United States, including our websites, such as https://www.circlek.com/circle-k-carwash [NTD: To be updated when Canadian hyperlink is available], and our mobile applications (“Apps”), such as the Couche-Tard App and the Car Wash App (collectively, this “Site”).

Part 1 of these Terms of Use apply whenever you visit, access or otherwise use the Site. Part 2 of these Terms of Use govern your purchase of products and services through the Site.

Part 1: General Site Terms of Use

1. Your Acceptance of These Terms of Use

By using this Site, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

In order to use the Site, you need to (a) have reached the legal age of majority in your province, state or territory of residence, or be 13 years of age or older and have your parent or legal guardian’s consent to do so and their consent to these Terms of Use, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. By using this Site, you represent and warrant that you meet the above conditions. You also represent and warrant that any registration information that you submit to the Company is true, accurate and complete, and you agree to keep it that way at all times.

2. Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information collected as a result of your use of this Site will be handled in accordance with our Privacy Policy.

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms and conditions of these Terms of Use, the terms and conditions of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

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.

5. License

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.

The Company software applications are licensed, not sold, to you, and the Company retains ownership of all copies of the Company software applications even after installation on your mobile devices (the “License”). The Company may assign these Licenses or any part of them without restrictions. You may not assign these Licenses or any part of them, nor transfer or sub-license your rights under this License, to any third party. The Company may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms of Use or any part of them, nor transfer or sub-license your rights under the Terms of Use, to any third party.

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.

8. Disclaimers

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).

Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such 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.

12. Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by the Company of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

13. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

14. Governing Law, Jurisdiction and Venue

If you are a client of the Company in the United States:

These Terms of Use will be governed by the laws of the State of Arizona, United States, without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in the City of Tempe and County of Maricopa, Arizona, United States.

If you are a client of the Company in Canada:

These Terms of Use will be governed by the laws of the Province of Québec and the laws of Canada applicable therein, without regard to conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in provincial and federal courts and tribunals sitting in the Judicial District of Montréal in the Province of Québec, Canada.

You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

15. Indemnity

You agree to indemnify and hold the Company, its subsidiaries, franchises and affiliates, and their respective directors, officers, agents, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ and legal fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth in these Terms of Use and/or if any material that you post on or using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

16. These Terms of Use May Change

These Terms of Use are current as of the effective date set forth above. Subject to section 22 of these Terms of Use (if you have purchased a Subscription), the Company reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

17. Entire Agreement

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and the Company with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Company with respect to this Site and your use of this Site.

18. Questions

If you have any questions about this Site or these Terms of Use, please contact us using the following information:

If you are in the United States:

Unitec 7249 Whipple Ave. N.W. North Canton, OH. 44720 1-855-276-1947 reply@circlekeasy.com

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

The Company may offer products and services that you may purchase through our Site, including subscription services and plans (“Subscription”), like the car wash subscription plans and vouchers available through the Car Wash App, and add-on or one-time services and products. The terms and conditions applicable to the purchase of these products and services, including Subscriptions, are described on our Site at the time of purchase and they supplement these Terms of Use.

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

We reserve the right, in our sole and absolute discretion, to modify all or any portion of your Subscription, including the price of your Subscription, at any time after the initial monthly period, without incurring any liability or obligation whatsoever to you or any other person or entity. We will provide you notice of these changes using your email address, or any other contact information we have for you in our discretion. Where required by law, this notice will be provided at least thirty (30) days before the change comes into effect and will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel the Subscription rather than accept the change. Where required by law, you may refuse the modification and rescind, or cancel the Subscription without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice, if the change results in increased obligations to you or a reduction of obligations on us. Your continued access to and/or use of the Subscription after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms of Use, as modified, or such change to your Subscription communicated to you.

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.

24. Gifts

You may have the ability from time to time to purchase products and services, including Subscriptions, for other people through the Site (“Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Site in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms of Use in order to redeem the Gift. Gifts are subject to this Part, including the auto renewal terms in section 21 for Gifts that are Subscriptions.

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.

27. Disclaimers

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.