TRIANGLE APPLICATION END USER LICENSE AGREEMENT FOR CANADIAN TIRE TRIANGLE APPLICATION
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE "ACCEPT" BUTTON AND YOU MAY NOT USE THE TRIANGLE APPLICATION TO WHICH TO THIS LICENSE APPLIES.
1.1. The Triangle Application and any services performed or provided by the Triangle Application ("Services") accompanying this License are licensed, not sold, to you by Canadian Tire Corporation, Limited ("Canadian Tire") for use strictly in accordance with the terms and conditions of this License and the applicable usage rules ("Usage Rules") established by any third party mobile device platform or service provider or the third party from whom you are downloading the Triangle Application that relate to your mobile telephone or device ("Mobile Device"), which are incorporated into this License by reference. Certain Usage Rules are described in Section 12 of this License, however it is your responsibility to determine what Usage Rules apply to your use of the Triangle Application, as they may be applicable to you depending on: (a) your Mobile Device, (b) the method by which you downloaded the Triangle Application or accessed the preloaded Triangle Application, and (c) the third party from whom you downloaded the Triangle Application or accessed the preloaded Triangle Application.
1.2. Your participation in the Triangle Rewards Program is subject to the program’s terms, which are incorporated by reference and are available at triangle.com/rewardsprogramrules.
1.3. We recommend that you retain a copy of this License and the applicable Usage Rules in either electronic or tangible format for your subsequent reference.
2. LICENSE GRANT, UPDATES/UPGRADES AND RESTRICTIONS ON USE
2.1. Canadian Tire grants you a revocable, non-exclusive, royalty-free, non-transferable, limited right to install and use the Triangle Application on a single Mobile Device, and to access and use the Services on such Mobile Device strictly in accordance with the terms and conditions of this License and the applicable Usage Rules. Canadian Tire reserves all rights in and to the Triangle Application not expressly granted to you under this License.
2.2. Canadian Tire is entitled to refuse, restrict, limit, suspend and/or interfere or interrupt the Triangle Application or any part thereof, without any notice to you, whether for the purposes of ensuring security of the Triangle Application, modifying features or otherwise. Canadian Tire may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Services accessible by the Triangle Application.
2.4. This License is effective until terminated by you or Canadian Tire. Your rights under this License will terminate automatically without notice from Canadian Tire if you fail to comply with any term(s) of this License. Upon termination of the License, you shall cease all use of the Triangle Application and destroy all copies, full or partial, of the Triangle Application.
2.5. The following restrictions shall apply to your use of the Triangle Application and the license granted herein: (a) you may not copy or reproduce any portion of the Triangle Application; (b) you may only use the Triangle Application for your own non-commercial use; (c) you may not distribute, share through any information network, transfer, sell, lease or rent the Triangle Application or any part of it to any other person; (d) you may not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the Triangle Application or any part of it; (e) you may not decompile, reverse engineer or disassemble the Triangle Application or any part of it; and (f) you will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this License.
2.6. Canadian Tire does not warrant that the Services will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. You acknowledge and agree that Canadian Tire and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
2.7. You acknowledge and understand that certain Services require and utilize phone service, cellular data or text messaging capabilities. Except as otherwise noted as part of the Services, Canadian Tire does not charge for the use of Services, but you are responsible for any applicable data plan fees or other subscription charges or fees of any kind whatsoever that may be required by your carrier to access the Triangle Application. This may include for example, and without limitation, additional charges for bandwidth, push notification, network access, roaming and text messaging. Canadian Tire strongly suggests you consult with any third party mobile device platform or service provider you utilize for information on any fees associated with such usage.
3. OWNERSHIP OF THE TRIANGLE APPLICATION
3.1. You acknowledge and agree that the Triangle Application, the Services and any and all related materials including, without limitation, text, graphics, content, video, audio and the selection and arrangement thereof are the property of Canadian Tire, and/or its various subsidiaries, affiliates, Canadian Tire Associate Dealers, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content related to the Triangle Application or the Services may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Canadian Tire and/or the applicable Third Parties.
3.2. Triangle, Triangle Rewards, Canadian Tire, canadiantire.ca, and all other Canadian Tire related trademarks and design marks displayed in the Triangle Application (collectively, the "Trademarks") are registered and common law trademarks of Canadian Tire. Other trademarks and design marks appearing in the Triangle Application are trademarks of their respective owners. The trademarks of MasterCard International Incorporated are used under license. Nothing contained in the Triangle Application should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Canadian Tire or such other party that may own the applicable trademarks.
4. SERVICES ACCESSIBLE THROUGH THE TRIANGLE APPLICATION
4.1. The Triangle Application currently includes the Canadian Tire Credit Card “Account Access” service and access to the “Triangle Rewards Program”, each of which are described below.
4.2. Canadian Tire Credit Card Account Access
4.2.1. The Triangle Application will allow you to access your Canadian Tire Credit Card account in real time to view certain information respecting such account such as your statement balance, balance due, minimum payment and recent transactions.
4.3. Triangle Rewards
4.3.1. If you are a member of the Triangle Rewards Program, the Triangle Application will allow you to earn, redeem and keep track of your electronic Canadian Tire Money. In addition, the Triangle Application will provide you with information on your Triangle Rewards account, such as your electronic Canadian Tire Money balance and recent transactions.
4.3.2. The Triangle Application will also allow you to receive discounts and other special offers and will also provide you with access to certain games and contests that are offered from time to time.
5. CUSTOMER CONTENT
5.1. As between you and Canadian Tire, you may possess certain intellectual property rights in content that you may submit, display and/or post via the Services, which is considered "Customer Content". Your use of the Services and your submission and/or posting of Customer Content grants Canadian Tire, and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable license to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Canadian Tire the right to use the name you submit with the Customer Content, if any, in connection with Canadian Tire's rights hereunder.
5.2. This license is granted to Canadian Tire with respect to the use of such Customer Content in connection with the Services and any subsequent version or modification thereof. By using the Services and submitting and/or posting Customer Content, you represent and warrant that you posses all necessary legal rights, power and authority to grant to Canadian Tire the foregoing license granted to Canadian Tire and its affiliates and you further represent, warrant and agree that none of the Customer Content will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain infringing, unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
5.3. The functional use of the Services may be dependent on the data related to your geographic location and geopositional data, and you acknowledge and agree that your failure to provide (or make accessible) that data may limit the functionality of the Services. Canadian Tire makes no warranty with respect to the accuracy of Services provided to you in reliance on location and geopositional data provided by you, the Triangle Application or via your Mobile Device.
5.4. Neither the Triangle Application nor the Services are intended for use by children under the age of 13. Use of the Triangle Application is void where prohibited by applicable law.
5.5. In its sole discretion, in addition to any other rights or remedies available to Canadian Tire and without any liability whatsoever, Canadian Tire at any time and without notice may terminate or restrict your access to the Triangle Application, the Services or any component thereof.
6. USER NAME AND PASSWORD
6.2. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Canadian Tire representative. Canadian Tire recommends that you choose a user name and password that is unique to you, not easily guessed by others, and not used with any other apps, websites or other services.
6.3. All login names and passwords remain the property of Canadian Tire and may be cancelled or suspended at any time by Canadian Tire without any notice or liability to you or any other person.
6.4. If you provide contact information in connection with your login name, you agree to maintain accurate contact information and to update it as required. Canadian Tire is not under any obligation to verify the actual identity or authority of the user of any login name or password.
6.5. You must immediately notify Canadian Tire of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. You acknowledge that we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of your Account and the Services.
7. NO WARRANTY; LIMITATION OF LIABILITY
THIS SECTION 8 APPLIES EXCEPT TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE IN THE PROVINCE OF QUEBEC.
7.1. Except as explicitly provided in this License, as it may be amended from time to time, Canadian Tire and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Triangle Application, any Services and/or any content provided by the Triangle Application, all of which are provided on an "as is" and "as available" basis. Canadian Tire and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Triangle Application, the Services or any of the content or data found on the Triangle Application, and expressly disclaim all warranties and conditions in respect of the Triangle Application, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
7.2. Canadian Tire and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
7.3. Canadian Tire and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your Mobile Device or other computer equipment or other property on account of your access to, use of, or browsing on the Triangle Application or your downloading of any materials, data, text, images, video or audio from the Triangle Application.
7.4. In no event shall Canadian Tire or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Triangle Application or is content, the operation of the Triangle Application, or any failure or delay in the operation of the Triangle Application (including, but not limited to the inability to use any component of the Triangle Application for purchases) even if advised of the possibility of damages.
7.5. You acknowledge that you are responsible for addressing any third party claims relating to your use or possession of the Services, and agree to notify Canadian Tire of any third party claims relating to the Services of which you become aware. Furthermore, you hereby release Canadian Tire from any liability resulting from your use or possession of the Services, including, without limitation, the following: (a) any product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (c) any claim arising under consumer protection or similar legislation.
8. MAXIMUM LIABILITY
8.1. If, notwithstanding the foregoing, Canadian Tire or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Triangle Application or its content, the liability of Canadian Tire and the Third Parties shall in no event exceed in the aggregate $250 CAD.
9.1. You shall indemnify and save harmless Canadian Tire and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Triangle Application or the Services.
10.1. The Triangle Application contains links to web sites owned or operated by other entities which are not associated or affiliated with Canadian Tire or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Canadian Tire or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Canadian Tire and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk.
11. USAGE RULES, ADDITIONAL OBLIGATIONS/RIGHTS RELATED TO YOUR MOBILE DEVICE
11.1. Terms applicable to your use of the Triangle Application and Services with any Apple® device, including iPhone®, iPod touch® and iPad™ mobile digital device:
11.1.1. Acknowledgement: You acknowledge that this License is concluded between you and Canadian Tire only, and not with Apple. Canadian Tire, not Apple, is solely responsible for the Triangle Application and the content thereof.
11.1.2. Maintenance and Support: Canadian Tire is solely responsible for providing any maintenance and support services with respect to the Triangle Application. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Triangle Application.
11.1.3. No Warranty Obligations for Apple: To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Triangle Application.
11.1.4. Product Claims: Canadian Tire, not Apple, is responsible for addressing any claims from you or a third party relating to the Triangle Application or your possession and/or use of the Triangle Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Triangle Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
11.1.5. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Triangle Application or the end-user’s possession and use of the Triangle Application infringes that third party’s intellectual property rights, Canadian Tire, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11.1.6. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.1.8. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
11.2. Without limitation, your use of the Triangle Application and Services with any Android® device or via download from any website operated by Google Inc., including the Android Market application, is subject to the Usage Rules established by Google Inc., including those terms set forth in the Android Market Terms of Service located at http://www.google.com/mobile/android/market-tos.html, the applicable provisions of which are incorporated herein by this reference.
12. MISCELLANEOUS PROVISIONS
12.1. Relationships. The relationship between Canadian Tire and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this License or your use of the Triangle Application.
12.2. Governing laws. This License and its performance shall be governed by the laws of your jurisdiction of residence.
12.3. Severability. The terms of this License shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
12.4. Headings. The headings used in this License are included for convenience only and will not limit or otherwise affect this License.
12.5. Entire agreement. This License, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Canadian Tire as set forth above.
12.6. English language. The parties have requested that this License and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.