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Website Terms of Use

COCA-COLA CANADA BOTTLING LIMITED WEBSITE TERMS OF USE

 

Effective Date: March 25, 2021

Last Revised: March 25, 2021

 These Terms and Conditions of use (“Terms of Use”) apply to the Coca-Cola Canada Bottling Limited website and purchases made from us using the myCoke application or website (hereinafter referred to as the “Site”). Additional terms and conditions may apply to purchases made through myCoke. Coca-Cola Canada Bottling Limited, and all of its divisions, affiliates and subsidiaries may also be referred to herein as “we”, “us” or “our”. This Site comprises various web pages and is owned and operated by us or our designated agencies or representatives. Use of this Site is subject to these Terms of Use, so PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site in any manner whatsoever, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time without prior notice to you. Therefore, you should read them carefully each time you use this Site. Your continued use of this Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

 

1.  DISCLAIMERS AND LIMITATION OF LIABILITY

 

By visiting this Site, you acknowledge that technical processing and transmission of the Site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Site or utilized by you, for any human or technical error of any kind, for any interruption, deletion, omission, defect or line failure of any telephone network or electronic transmission, for problems relating to computer equipment or software, for any inability to access the Site or online service, or for any other technical or non-technical error or malfunction. COCA-COLA CANADA BOTTLING LIMITED DOES NOT PROMISE THAT THIS SITE WILL BE ERROR-FREE OR UNITERRUPTED. TO THE FULLEST EXTENT PERMITTED BY LAW, COCA-COLA CANADA BOTTLING LIMITED DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE IN CONNECTION WITH

OR RELATED TO YOUR USE OF THIS SITE. Some provinces do not allow limitations on implied warranties, so the above limitation may not apply to you. You assume responsibility for use of this Site and your sole remedy against us for any dissatisfaction with this Site is to stop using this Site.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMTATION NEGLIGENCE, SHALL COCA-COLA CANADA BOTTLING LIMITED, ITS AFFILIATES, PARENTS, SUBSIDIARIES AND ITS/THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS OR PROMOTIONS OFFERED THROUGH OR IN CONNECTION WITH THE SITE, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY VISITING THIS SITE YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY

FORUM. Coca-Cola Canada Bottling Limited, its officers, directors, employees, shareholders, partner, agents, successors and assigns are not responsible for any products or services offered on any websites

 

linked to on the Site. You agree to rely solely on the manufacturer’s warranties, if any, for any products redeemed through any promotion run or operated by us or our representatives.

 

2.  ERRORS, INACCURACIES OR OMISSIONS

 

We make every effort to ensure that the content on this Site is complete and current. However, we do not guarantee that the information contained on this Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. We reserve the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you.

 

3.  TRADEMARKS AND COPYRIGHTS

 

All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trademarks and the sole and exclusive property of our third-party licensors and/or us.

 

This Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Material”) and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material.

 

No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights by downloading any Material. The use of any Material on any other website is prohibited.

 

4.  PRIVACY

 

The use of this Site is subject to the Coca-Cola Canada Bottling Limited online Privacy Policy, which forms a part of these Terms of Use.

 

5.  LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT

 

This Site may contain links to other websites which are provided to you for your convenience. All such other websites are wholly independent from this Site and from us and we have no control or power over such other websites including their content. WE MAKE NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE OTHER WEBSITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH OTHER WEBSITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEBSITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOUR USE OF SUCH OTHER WEBSITES IS SUBJECT TO THE TERMS OF USE GOVERNING SUCH WEBSITES.

 

6.  ENTIRE AGREEMENT

 

These Terms of Use, together with our Privacy Policy constitute the entire agreement between us and you regarding the subject matter of this Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written between us and you with respect to such subject matter. These Terms of Use are subject to change by us at any time.

 

7.  SEVERABILITY

 

These Terms of Use shall be deemed severable. In the event that any provision of these Terms of Use 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.

 

8.  GOVERNING LAW

 

This Site is intended for users who reside within Canada. We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with local laws. These Terms of Use as well as the use of this Site, including any order or purchase made through or in connection with this Site, shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein.

 

You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

In the event of any conflict between the English and French language versions of this policy, the English version will prevail.