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Terms of use

Last revision: September 24, 2020

 

Introduction

These terms of use (“Terms of Use”) are a legal agreement between Keurig Canada Inc. on behalf of itself and its parent, Keurig Dr. Pepper, Inc., or its affiliates and subsidiaries (collectively “Keurig”) and you, and describe the rules and conditions by which you may use any website, Facebook site, mobile app, or other social media channel owned and/or operated by Keurig now or in the future (collectively and individually, the "Sites”).

Please read these Terms of Use carefully. They affect your legal rights and impose obligations on you.

THE USE OF THE SITES ARE AT YOUR OWN RISK. TO THE GREATEST EXTENT LEGALLY PERMITTED, KEURIG DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS AND EXCLUDES LIABILITIES FROM YOUR USE OF THE SITES. YOU AGREE TO COMPENSATE US FOR ANY LIABILITIES AND EXPENSES WE INCUR FROM YOUR USE OF THE SITES CONTRARY TO THESE TERMS OF USE.

SOME KEURIG BREWERS CAN BE PAIRED WITH A KEURIG MOBILE APP. INFORMATION PROVIDED THROUGH A KEURIG MOBILE APP ABOUT THE STATUS AND OPERATION OF A KEURIG BREWER IS FOR GENERAL INFORMATION ONLY. IT IS NOT A SUBSTITUTE FOR YOUR PROPER SUPERVISION AND SAFE OPERATION OF YOUR KEURIG BREWER. YOU MUST FOLLOW ALL INSTRUCTIONS REGARDING THE SAFE OPERATION AND USE OF YOUR KEURIG BREWERS IN THE OWNER’S MANUAL.

Any of the provisions in these Terms of Use may be modified from time to time as permitted by applicable laws. Each time you use the Site, you are agreeing to the most recent version of the Terms of Use.

 

Rules for using the Sites

You agree to follow the conduct rules listed below:

  • You will not knowingly provide or post any false, misleading, or fraudulent information.
  • You will not use the Sites for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
  • You will not violate Keurig or its licensors intellectual property rights.
  • All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
  • Information provided or posted by you will not violate the trade secret rights of any third party.
  • Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
  • You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Sites.
  • You will not interfere or tamper with the functioning of the Sites, nor will you attempt to gain access to information or control of the Sites not specifically granted to you.
  • You will not use the Sites to transmit any spyware, virus or similar destructive program or code.
  • You will not compile any database or list of other visitors to the Sites, nor will you use the Sites to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
  • You will not access or attempt to access any restricted portion of the Sites unless you have specifically been granted access.
  • You may not access or attempt to access the Sites through any automated means, such as through bots, spiders, scripts, or similar software, or other means or processes to access, "scrape," "crawl" or "spider" the Site, its offers, or any related data or information.

 

Access

We may discontinue all or part of our Sites at any time. We may block or limit your access to any or all of our Sites if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of our Sites; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others. Please note that if you are accessing our Sites via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.

 

Ownership of the Sites and the Keurig Content

We provide the Sites as a service to our customers. Unless otherwise noted, all content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of the Sites, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "Content") are owned or licensed by Keurig.

Furthermore, the Sites and the Content are the sole property of Keurig or its licensors and are protected by Canadian and international copyrights, trade-marks, service marks, patents, trade secrets and other proprietary rights and laws. No ownership or intellectual property rights are transferred to you in the Sites or the Content.

In the case of our mobile apps, Keurig grants you a non-exclusive, non-transferable, limited licence to install the mobile app on any single mobile device, tablet, or similar technology and to cache and display the Content.

The Content includes the mobile app software (including source code and object codes) and all text, data, graphics, photographs, images, audio, video, animations, trademarks, service marks, trade names, logos, and other material displayed on or through the Sites.

If you believe that any Content or other materials on our Sites infringes your copyright, you may notify us in writing at:

Keurig Canada Inc. Attention: Copyright Claim

3700, Rue Jean-Rivard Montreal, Quebec H1Z 4K3

 

The notice you send to us must be signed by you or an agent authorized to represent you and must include information sufficient for us to identify the allegedly infringing material and the material to which you hold the copyright. In particular, you must include: the copyright holder’s name and address (or that of its authorized agent), identify the material that is alleged to be infringed, the location of the material (e.g. URLs for pages on the Sites), the date and time of the alleged infringement. If your notice concerns information posted by another person, we will use commercially reasonable efforts to forward that notice to the other person.

 

Personal use

You may only use the Sites for your personal, non-commercial use. You may not use the Sites or the Keurig Content, in whole or in part, for the purpose of creating a competing product or service or for resale.

You may not copy, reproduce, perform, distribute, display, modify, translate, merge with other data, frame in another website, post on another website or create derivative works of Sites or the Keurig Content, except that you may print or download one copy of any images and text on the Sites for your personal, non-commercial use.

 

User accounts

You may only create an account on one of our Sites if you are at least 18 years old. You will be required to use a username and password. Your password should not be easy to guess. You must not use a password that you have used on another site. You are responsible for keeping your username and password confidential and secure. You are responsible for all activity under your account, including as a result of your failure to choose a strong, unique password. You agree to promptly notify Keurig immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.

When you register for an account, we will send you communications relating to your account by email. If you install a Keurig mobile app, you may also receive push notifications.

 

Consent to app installation and updates and upgrades

You agree to use the most recent version of Keurig mobile apps to ensure you have the latest features, bug fixes and more.

By downloading or installing a Keurig mobile app, you consent to the installation of the mobile app and to future updates and upgrades. These updates and upgrades may occur for various reasons including adding or removing functionality, fixing bugs, and addressing issues relating to security or performance. Your mobile phone or other device may prompt you to accept the installation of the update or upgrade for the Keurig mobile app. You agree to use the most current version of the Keurig mobile app available in Apple App Store or Google Play, and understand that we may only support the most current version of the Keurig mobile app.

In some cases, an update or upgrade may be installed automatically. YOU AGREE TO THE AUTOMATIC INSTALLATION OF UPDATES AND UPGRADES. You can withdraw your consent at any time by uninstalling the Keurig mobile app. To request assistance with the removal of a Keurig mobile app, please contact us at https://www.keurig.ca/support/email-us-page or Keurig Canada Inc. 3700, Jean-Rivard, Montreal, Quebec          H1Z 4K3.

The Keurig mobile apps work by communicating with Keurig and its service providers to provide you with the functionality in the Keurig mobile app. THEREFORE, YOU ACKNOWLEDGE AND UNDERSTAND AND AGREE that the Keurig mobile app (including any updates or upgrades) may cause your device to automatically communicate with Keurig’s or its third-party service provider’s servers to deliver the functionality described in the mobile app, in these Terms of Use and in any descriptions of the mobile app functionality posted where you download the app, and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information and other information as described in the Privacy Policy.

Your telecommunications services provider may impose data charges when you use a Keurig mobile app or for data charges for updating or upgrading a Keurig mobile app if you have not restricted updates and upgrades to wi-fi connections.

 

Your Content, Ideas and Submissions

The Sites may allow you to send, post or otherwise provide your Content to Keurig. Your Content includes your comments, reviews, pictures and other material. If you send, post or otherwise provide your Content to Keurig, you represent and warrant that you own or otherwise have all of the rights in your Content to do so.

If you post your Content publicly on a Site, you grant to Keurig a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in your Content in any way and for any purpose whatsoever. Keurig shall have no obligation of any kind with respect to your Content if you post it publicly and will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the materials to others, without limitation.

Our policy is not to accept unsolicited ideas or submissions about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed idea, your message will be treated as non-proprietary and non-confidential and, by doing so you agree that it becomes, without further compensation to you, our sole and exclusive property and may or may not be used by us for any purpose.

 

Product information, pricing and availability

The products displayed on our Sites may be available on our Sites for purchase, and may also be available in select third party retail locations. The products and prices displayed on our Sites are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on our Sites, and the in-store information and availability controls over any conflicting information on our Sites. Your order is not accepted until it is confirmed by Keurig and shipped to you. Keurig may reject or cancel your order. If we do so, Keurig will refund you any amounts that we have charged you.

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Keurig reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, Keurig may decline your order or Keurig may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.

In connection with placing an order, you may be asked by Keurig or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Keurig or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.

 

Fraud Prevention

Keurig reserves the right to request further information from you to deter or investigate potential fraudulent transactions. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the offers, in order to ensure a stolen credit card was not used. Keurig reserves the right to place any order on hold, for any reason, in order to investigate potentially fraudulent activity involving the Sites. All decisions by Keurig regarding fraud or suspected fraud are binding and final.

 

Coupons

Product obtained through coupon redemption is for personal use only. Coupons may not be used to obtain product from the Sites for resale. Coupons are not transferable. Keurig reserves the right to validate the information you have submitted before issuing, or before honoring an issued, a coupon. Keurig in its sole discretion may refuse to issue a coupon, may cancel an issued coupon, and/or may cancel a customer account for any violation or suspected violation of the Terms of Use, including if Keurig believes that fraudulent purchase information or personal information has been submitted, that a coupon has been obtained fraudulently, or that an account has redeemed fraudulently obtained coupons.

 

Warranty disclaimer

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE FOLLOWING EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF QUEBEC, ANY WARRANTIES ARE STRICTLY LIMITED TO THOSE MANDATORILY REQUIRED BY APPLICABLE LAW.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

ALL CONTENT ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

KEURIG EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE SITE, ALTHOUGH KEURIG MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE.

YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES. THIS SECTION DOES NOT LIMIT OR AFFECT YOUR KEURIG BREWER WARRANTY.

KEURIG MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITES WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A PARTICULAR SYSTEM.

YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES.

 

Limitation of Liability

IF YOU RESIDE IN QUEBEC, THE FOLLOWING LIMITATION OF LIABILITY DOES NOT RELIEVE KEURIG’S LIABILITY FOR INTENTIONAL OR GROSS FAULT, FOR BODILY OR MORAL DAMAGES OR OTHER LIABILITY THAT CANNOT BE EXCLUDED.

IN NO EVENT SHALL ANY KEURIG ENTITY OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR:

ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF KEURIG HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOUR FAILURE TO ADHERED TO ALL SAFE OPERATION GUIDELINES AND TO TAKE APPROPRIATE CARE IN THE OPERATION OF YOUR KEURIG BREWER IN CONJUNCTION WITH YOUR USE OF A KEURIG MOBILE APP THAT YOU PAIR WITH YOUR KEURIG BREWER.

 

Privacy

By using a Site, you also agree to the most-recent version of the Privacy Policy in effect at that Site and any supplemental privacy notices. We may change the Privacy Policy or supplemental privacy notices at any time, and such changes will be reflected in the Privacy Policy or supplemental privacy notices posted on the Site or otherwise communicated to users of the Site.

 

Minors and children

Our Sites are not intended for minors. You may not register for an account or purchase products on our Sites unless you are at least 18 years of age.

 

Links

Our Sites may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other sites and other entities are not under

our control, and we are not responsible for the content available on any other sites linked to our Sites or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party, and you visit other sites or engage in business with any third party at your own risk.

 

Your liability to Keurig

To the maximum extent permitted by applicable law, you will hold the Keurig Covered Parties (defined below) harmless from and against all claims, actions, demands, liabilities, judgments and settlements, including all legal fees and costs, that Keurig incurs arising out of or related to your Content, the use of your account (by you or by any third party), a breach of these Terms of Use, or any other direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Site (to the extent not solely caused by Keurig’s negligence), including, without limitation, any economic harm, personal injury, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Keurig of the possibility of such claim. The Keurig Covered Parties includes Keurig, any affiliated Keurig entity, their officers, directors, employees, sponsors, and agents (“Covered Parties”). Your sole remedy for dissatisfaction with the service is to stop using the service.

 

Disputes

You agree that you will allow us a reasonable opportunity to address any claim you may have before commencing any proceeding against us. Except for Quebec residents, these Terms of Use are governed by and will be construed in accordance with the laws of the Province of Ontario without regard to principles of conflict of laws. For Quebec residents, these Terms of Use are governed by an will be construed in accordance with the laws of Quebec. Any disputes arising hereunder will be litigated exclusively within the province in which you ordinarily reside while using the Sites.

 

Interpretation

These provisions and any rules, policies or guidelines posted on the applicable Site by Keurig constitute the entire agreement between Keurig and you with respect to the subject matter of your use of the Site. No waiver by either Keurig or you of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision contained in these Terms of Use is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

 

Apple / Google Terms and Conditions

If you download a Keurig mobile app from the Apple App Store, your use of the Keurig mobile app is also governed by Apple’s Terms and Conditions, including the Licensed Application End User License Agreement (available at http://www.apple.com/legal/internet-services/itunes/ca/terms.html).

If you download a Keurig mobile app from the Google Play Store, your use of the Keurig mobile app is also governed by the Google Play Terms of Service (available at https://play.google.com/about/play-terms.html).

If there is a conflict or inconsistency between these Terms of Use and the Apple Terms and Conditions or the Google Play Terms of Service, then, as between you and Keurig, these Terms of Use will govern to the extent of that conflict or inconsistency.