Website Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Your use of triangle.com and/or triangle.canadiantire.ca (collectively or in the singular the "Triangle Web Site") is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using the Triangle Web Site, you signify your acceptance of these Terms and Conditions.
Canadian Tire Corporation, Limited ("Canadian Tire") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Triangle Web site. Your continued use of the Triangle Web Site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
Triangle Rewards Program
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.
The Triangle Web Site, its design, all 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 found on the Triangle Web Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Canadian Tire and/or the applicable Third Parties.
Triangle, Triangle Rewards, the Triangle logo, Canadian Tire, canadiantire.ca, and all other Canadian Tire related trademarks and design marks displayed on the Triangle Web Site (collectively, the "Trademarks") are registered and common law trademarks of Canadian Tire. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. The trademarks of MasterCard International Incorporated are used under license. Nothing contained on the Triangle Web Site 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.
Use of Site
Neither the Triangle Web Site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Canadian Tire, except that you may download, display and print the content presented on the Triangle Web Site for your personal, non-commercial use only. Unauthorized use of Triangle Web Site and/or the content contained on Triangle Web Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this web site:
a) any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content;
b) any statements or materials that constitute commercial electronic messages, such as junk mail, spam, or unauthorized advertising or promotional materials; and
c) 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.
The Triangle Web Site is not intended for use by children under the age of 13. Use of the Triangle Web Site is void where prohibited by applicable law.
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 any component of triangle.com.
As between you and Canadian Tire, you may possess certain intellectual property rights in content that you may submit, display and/or post via triangle.com, which is considered "Customer Content". Your use of the Triangle Web Site 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.
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 Triangle Web Site and submitting and/or posting of 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.
The functional use of the Triangle Web Site 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 triangle.com. Canadian Tire makes no warranty with respect to the accuracy of the Triangle Web Site provided to you in reliance on location and geopositional data provided by you or via your browser.
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 Web Site or any component thereof.
User Name and Password
Your Triangle Web Site account may be accessed only by use of your login name and password. 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 password that is unique to you, not easily guessed by others, and not used with any other apps, websites or other services. You should change your password on a regular basis.
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. Canadian Tire is not under any obligation to verify the actual identity or authority of the user of any login name or password.
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.
No Warranty; Limitation of Liability
THIS SECTION APPLIES EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC.
Except as explicitly provided in these Terms and Conditions as 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 Web Site and/or any content provided on triangle.com, 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 triangle.com, or any of the content or data found on triangle.com, and expressly disclaim all warranties and conditions in respect of triangle.com, 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.
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, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Canadian Tire and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Triangle Web Site or your downloading of any materials, data, text, images, video or audio from triangle.com.
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 Web Site or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of the Triangle Web Site for purchases) even if advised of the possibility of damages.
You acknowledge that you are responsible for addressing any third party claims relating to your use of the Triangle Web Site, 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 of the Triangle Web Site, including, without limitation, the following: (a) any product liability claims; (b) any claim that the Triangle Web Site fails to conform to any applicable legal or regulatory requirement; and (c) any claim arising under consumer protection or similar legislation.
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 Web Site or its content, the liability of Canadian Tire and the Third Parties shall in no event exceed in the aggregate $250 CAD.
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 triangle.com.
The Triangle Web Site 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. Framing of the Triangle Web Site or any of its content in any form and by any method is strictly prohibited.
This Agreement and its performance shall be governed by the laws of your jurisdiction of residence.
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on the Triangle Web Site.
These Terms and Conditions 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.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, 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.
The parties have requested that these Terms and Conditions 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.