Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE. BY ACCESSING OR USING OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SITE.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER.
Introduction
These Terms and Conditions (“Terms”) are a legal agreement between Keurgi Shop and its applicable affiliates and subsidiaries (collectively, the “Company”) and you. These Terms describe the rules and conditions that apply to your use of any website, mobile application, social media channel, or other online service owned or operated by the Company in Canada, now or in the future (collectively and individually, the “Site”).
The Site is owned and controlled by the Company. Your use of the Site constitutes your agreement to these Terms. By accessing or using the Site, you agree to be bound by these Terms and any additional terms that may apply to specific products, services, promotions, or features available through the Site.
If you do not agree to these Terms, please do not use the Site. The Company reserves the right to modify or update these Terms from time to time to reflect changes to the Site, our services, business practices, or applicable laws. When we make changes, the updated Terms will be made available on the Site.
By continuing to access or use the Site after changes to these Terms have been posted, you agree to be bound by the revised Terms. You also agree to comply with any additional terms, conditions, or policies that are presented to you in connection with particular products, services, promotions, or areas of the Site.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
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Website Content and Limits on Use
We provide this Site as a service to our customers. Unless otherwise noted, all content and functionality available on the Site, including images, illustrations, designs, icons, photographs, video clips, software, text, graphics, product information, and other materials, together with all copyright, trademark, patent, and other intellectual property rights in such materials (collectively, the “Content”), are owned by or licensed to the Company.
The Site and its Content are intended for your personal and non-commercial use. Except as expressly permitted by these Terms or applicable law, you may not copy, reproduce, distribute, publish, transmit, modify, adapt, translate, create derivative works from, reverse-engineer, decompile, disassemble, or otherwise exploit any portion of the Site or Content without the Company’s prior written consent.
You may download or print reasonable portions of the Content solely for your personal, non-commercial use, provided that you do not remove any copyright, trademark, or other proprietary notices.
No ownership interest in any Content is transferred to you as a result of downloading, printing, or otherwise accessing the Content.
The Company may add, change, suspend, or remove Content, features, products, services, or functionality from the Site at any time.
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User Name/Password
Certain features of the Site may require you to create an account, username, or password.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs through your account.
You agree to provide accurate, complete, and current information when creating or maintaining your account.
You must promptly notify the Company if you believe that your account credentials have been compromised or that unauthorized activity has occurred.
The Company may suspend or terminate an account where it reasonably believes that the account has been used in violation of these Terms or applicable law.
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User-Generated Content
If you submit, post, upload, transmit, or otherwise provide comments, reviews, photographs, videos, suggestions, ideas, or other materials through the Site (“User Content”), you represent that you have the right to provide such User Content and that your User Content does not violate the rights of any other person.
You retain ownership of any rights you may have in your User Content. By submitting User Content to the Site, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, modify, publish, translate, distribute, display, and otherwise use that User Content for purposes related to operating, promoting, improving, and providing the Company’s products and services.
The Company may remove User Content that it reasonably believes violates these Terms, applicable law, or the rights of others.
You agree not to submit User Content that is unlawful, defamatory, threatening, abusive, obscene, misleading, fraudulent, infringing, or otherwise inappropriate.
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Trademark Notice
Company names, logos, product names, service names, designs, slogans, and other marks appearing on the Site are trademarks or trade names owned by or licensed to the Company or its affiliates.
You may not use any Company trademark, trade name, logo, or other proprietary mark in advertising, publicity, commercial materials, or other communications without prior written permission.
All other trademarks appearing on the Site are the property of their respective owners.
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Rules for Using the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms.
- You will not knowingly provide false, misleading, or fraudulent information.
- You will not use the Site for any unlawful purpose or in violation of applicable Canadian law.
- You will not submit material that infringes the copyright, trademark, privacy, publicity, or other rights of another person.
- You will not submit material that violates the trade secret or confidential information rights of another person.
- You will not submit material that is defamatory, harassing, threatening, obscene, abusive, hateful, or otherwise inappropriate.
- You will not impersonate another person or misrepresent your identity or affiliation.
- You will not interfere with or disrupt the operation of the Site.
- You will not attempt to gain unauthorized access to any portion of the Site or any related system.
- You will not transmit viruses, malware, spyware, or other harmful code.
- You will not use the Site to distribute spam or unsolicited commercial communications.
- You will not use automated systems, bots, spiders, scripts, crawlers, or similar technologies to access, scrape, copy, or collect information from the Site without the Company’s prior written authorization.
- You will not use coupons, promotional codes, offers, or other benefits obtained through fraudulent or unauthorized means.
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Site Access
The Company may modify, suspend, restrict, or discontinue all or any portion of the Site at any time.
The Company may restrict or terminate your access to the Site if you violate these Terms, applicable law, or engage in conduct that may harm the Company, the Site, or other users.
If you access the Site through a mobile device, your mobile service provider may charge you standard data or other applicable fees.
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Product Information, Pricing and Availability
Products displayed on the Site may be available for purchase through the Site and may also be available through participating retail locations or other authorized sellers in Canada.
Product descriptions, specifications, prices, promotions, and availability may change from time to time.
Prices displayed on the Site are in Canadian dollars unless otherwise stated.
The price and availability of products at a third-party retailer may differ from the information displayed on the Site. Information provided by the applicable retailer will control purchases made directly from that retailer.
When you submit an order through the Site, you are making an offer to purchase the selected products. Your order is subject to acceptance by the Company. An order confirmation does not necessarily constitute acceptance of your order. Acceptance occurs when the Company processes and ships your order, unless otherwise stated.
We make reasonable efforts to ensure that product descriptions, pricing, availability, and other information on the Site are accurate. However, errors, inaccuracies, or omissions may occasionally occur.
The Company reserves the right to correct errors, inaccuracies, or omissions and to update information at any time.
If a product you ordered is unavailable or if there is an error in the price or product information, we may cancel the order or contact you to determine whether you wish to proceed with the order based on the corrected information.
When placing an order, you agree to provide accurate and complete payment, billing, and shipping information and to pay all applicable charges, taxes, and other amounts associated with your purchase.
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Links
The Site may contain links to websites, applications, or services operated by third parties.
Third-party websites and services are not controlled by the Company. The Company is not responsible for the content, privacy practices, security, products, or services provided by third parties.
Your use of third-party websites and services is at your own risk and may be subject to additional terms and privacy policies.
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Privacy
Our collection, use, disclosure, retention, and protection of personal information are described in our Canada Privacy Policy.
Please review the Canada Privacy Policy available on the Site for information about our privacy practices and your rights under applicable Canadian privacy laws.
By using the Site, you acknowledge that you have reviewed the applicable Privacy Policy.
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Mobile Services
Certain features of the Site may be available through mobile devices, including mobile applications, text messages, notifications, or other mobile services.
If you choose to receive text messages or other mobile communications from us, you may receive transactional, account, service, promotional, or other communications depending on the program in which you participate.
Message frequency may vary. Standard message and data rates may apply depending on your mobile service provider and plan.
You may opt out of marketing text messages by following the unsubscribe instructions provided in the applicable message or by contacting us.
You may continue to receive certain non-promotional messages that are necessary to provide services you have requested, such as order or account-related communications.
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Copyright Infringement Notice
We respect the intellectual property rights of others and expect users of the Site to do the same.
If you believe that material available on the Site infringes your copyright or other intellectual property rights, please provide us with sufficient information to identify the material and the basis for your claim.
Your notice should include, where applicable:
- your name and contact information;
- identification of the copyrighted work or other intellectual property right that you believe has been infringed;
- identification of the allegedly infringing material and information sufficient to locate it;
- a statement explaining why you believe the material infringes your rights; and
- a statement confirming that the information provided is accurate and that you are authorized to make the complaint.
We may investigate and take appropriate action where required or permitted by applicable law.
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Fraud Prevention
The Company may take reasonable steps to prevent, detect, and investigate suspected fraud, unauthorized transactions, abuse, or other unlawful activity involving the Site.
We may request additional information where reasonably necessary to verify an order or transaction.
We may place an order on hold, decline an order, cancel an order, or restrict an account where we reasonably suspect fraudulent, unauthorized, or unlawful activity.
Any information collected for fraud prevention will be handled in accordance with applicable Canadian privacy laws and our Privacy Policy.
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Website Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT DEFECTS WILL ALWAYS BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS WARRANTIES AND CONDITIONS NOT EXPRESSLY SET OUT IN THESE TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY WARRANTY, CONDITION, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE CANADIAN LAW.
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Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.
THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE CANADIAN LAW.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR FRAUD, WILFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
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Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, and service providers from claims, liabilities, losses, damages, costs, and expenses arising from your unlawful use of the Site, your violation of these Terms, or your violation of the rights of another person.
This provision does not require you to indemnify the Company for matters that cannot lawfully be subject to indemnification under applicable Canadian law.
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Children
The Site is not intended to be used by children in circumstances where such use is prohibited by applicable law.
If you are under the age required to independently enter into a legally binding agreement under applicable law, you should use the Site only with the involvement and supervision of a parent or legal guardian.
We do not knowingly collect personal information from children in circumstances where such collection would be contrary to applicable law.
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Governing Law and Jurisdiction
These Terms are governed by the laws applicable in the Canadian province or territory in which you reside, except to the extent that applicable law requires otherwise.
Nothing in these Terms limits any mandatory consumer rights or protections available to you under applicable Canadian federal, provincial, or territorial law.
Where permitted by applicable law, disputes relating to these Terms or your use of the Site will be subject to the courts having jurisdiction over the applicable matter.
For greater certainty, nothing in these Terms is intended to prevent a consumer from exercising any statutory rights or remedies available under applicable Canadian law.
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Termination
These Terms remain effective until terminated by you or the Company.
You may stop using the Site at any time.
The Company may suspend or terminate your access to the Site where permitted by law, including where you violate these Terms, applicable law, or engage in conduct that may harm the Company, the Site, or other users.
Termination will not affect rights or obligations that by their nature should survive termination.
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Keurig Gift Cards Terms & Conditions
If gift cards or electronic gift cards are offered for sale through the Canadian Site, additional terms may apply to those gift cards.
Gift cards may be used only as permitted by the applicable gift card terms and applicable Canadian law.
Gift cards are not intended for resale unless expressly authorized by the Company.
Gift cards should be treated like cash. The Company is not responsible for lost, stolen, damaged, or unauthorized use of a gift card except where required by applicable law.
Gift card expiration, fees, refunds, replacement, and other terms will be governed by applicable Canadian federal, provincial, and territorial laws.
The Company reserves the right to refuse or restrict the use of a gift card where fraud, unauthorized use, or other unlawful activity is reasonably suspected.
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Auto-Delivery
Where available, Auto-Delivery is an optional recurring-order service that allows eligible customers to schedule recurring deliveries of selected products.
Auto-Delivery availability, eligible products, pricing, discounts, delivery frequency, and other program terms may vary and will be presented to you before you enroll.
By enrolling in Auto-Delivery, you authorize the Company or its applicable payment service provider to charge your selected payment method for recurring orders in accordance with the terms presented at enrollment.
You will receive information regarding upcoming shipments where required or provided by the applicable program.
You may modify or cancel your Auto-Delivery enrollment through your account or by contacting customer support, subject to any applicable order-processing deadlines communicated to you.
Cancellation of Auto-Delivery will generally apply to future orders that have not already been processed.
The Company may change, suspend, or discontinue Auto-Delivery, eligible products, pricing, or discounts where permitted by law.
Contact Us
If you have questions about these Terms and Conditions, please contact us:
Keurgi Shop
196 Drinkwater Road
Brampton, ON L6Y 4Z6
Canada
Privacy Contact:
[email protected]
