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A Friendlier Company Inc. Terms of Use

LAST UPDATED: 2023-06-26

1. OVERVIEW

These Terms of Use form a legally binding contract between A FRIENDLIER COMPANY INC. (“Friendlier”, "we" or "us") and the people and companies (“Users” or “you”) that access and use:

 

i. the Friendlier website (including the website hosted at www.friendlier.ca and any other web domain used by Friendlier to communicate with users now or in the future);

ii. any mobile, computer, or tablet-based application currently offered by Friendlier or developed in the future by Friendlier; and

iii. all other services provided by Friendlier, as described on the Website (Items 1 to 3 are collectively referred to as the "Website").

 

These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website

 

It is very important that you read and fully understand these Terms of Use before using the Website. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract which will impact your rights.

By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website.

 

PLEASE REVIEW THE “GOVERNING LAW AND DISPUTE RESOLUTION” AND “WAIVER OF CLASS ACTION” OF THESE TERMS OF USE (SECTIONS 13 AND 14) CAREFULLY, AS THEY REQUIRE YOU TO RESOLVE ANY FUTURE DISPUTES WITH FRIENDLIER THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST FRIENDLIER. 

You should also read Friendlier’s separate Privacy Policy, which explains how Friendlier handles and uses the data that Friendlier collects when you use the Website, and which is incorporated by reference in these Terms of Use. By agreeing to these Terms of Use, you also consent to the collection and use of data as set forth in Friendlier’s Privacy Policy.

 

These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.​

2. SERVICES AVAILABLE ON THE WEBSITE

Without restriction, we generally offer the following services through the Website: 

We provide reusable packaging products and allow users to claim their container deposit on our website and mobile app. To claim their deposit, consumers have the option to receive their funds as an e-transfer or donate the funds to a charity. We also allow users to find businesses offering Friendlier products, and track their environmental impact.

The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.​

3. YOUR ACCOUNT

In order to fully use the Website, you will be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Website, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers. 

 

The terms governing the features and capabilities of your account and the related fees can be found on the Website.​

4. TERMINATION

You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website.

 

​5. USE RESTRICTIONS

 

The Website is not intended for use by any person who is, and you are not permitted to use the Website if you are, under the age of 18 or under the legal age of majority in the jurisdiction in which you reside. Friendlier does not knowingly collect personal identifiable information from minors under the age of 18. If a minor under 18 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us by emailing us at info@friendlier.ca, in which case we will remove the information and unsubscribe the minor from any of our electronic marketing lists.

 

You may not use the Website if you are identified on any Canadian government list of prohibited, sanctioned, or restricted parties, or if you are located in a country that is subject to a Canadian government embargo, or that has been designated by the Canadian government as a "terrorist supporting" country.

 

While you may make copies of information related to your reusable packaging deposit claims, you may not attempt to access, copy, decompile, disassemble, or reverse-engineer, distribute, sublicense, publish, interrupt, destroy, or interfere with the source code, libraries, databases, algorithms, data, or Friendlier systems or networks that make up the Website, or attempt to circumvent any security controls included in the Website. You may not attempt to access the Website using any automated tools, including without limitation the use of bots, spiders, crawlers, scrapers or other similar tools, or other technology not authorized by Friendlier. You may not deep-link to any portion of Website or frame, mirror or otherwise incorporate any part of the Website into any other app or website without Friendlier’s prior express written authorization.  You may not use the Website for any purpose that is fraudulent or deceptive.  If your right to access the Website has been previously revoked by Friendlier, all use of the Website is prohibited.

 

Friendlier may update the Website and services from time to time in order to improve the Website and/or services. You agree to install all updates in a timely manner. If you delay or refuse updates to the application, this may compromise or prevent us from delivering the services.

 

6. SECURITY BREACHES

In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security. We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

 

7. INTELLECTUAL PROPERTY

 

​7.1. The Website downloaded or accessed by you pursuant to these Terms of Use, including without limitation all of the text, images, sound, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content contained therein, and all software, source or object code, systems, data, and algorithms embodied in or supporting the Website, or otherwise used by Friendlier to deliver the Website, and all intellectual property rights therein including without limitation patent, copyright, trademark rights (collectively, the “Friendlier Property”), is the sole and exclusive property of Friendlier and/or of third parties provided under license to, or used with permission by, Friendlier, and is protected under United States, Canada, and international laws. Friendlier reserves all rights in the Friendlier Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Friendlier Property are granted except as expressly provided herein. You are hereby granted a limited, personal, non-exclusive, non-transferrable, non-sublicensable, and revocable right to access, download, and use the Website solely for the purposes expressly authorized by these Terms of Use, provided that you comply with these Terms of Use.

 

7.2. The marks “FRIENDLIER,” the Friendlier logos/images, among other marks, are registered or unregistered trademarks of Friendlier, protected under the laws of the United States, Canada, and other countries around the world, and may not be used in connection with any service or products other than those provided by or expressly authorized by Friendlier, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Friendlier. The Website and services provided to you through the Website may also incorporate protected trademarks of third parties, and the use of such trademarks does not constitute an affiliation, endorsement or sponsorship of Friendlier by any third party.

 

7.3. The Friendlier Website may feature the trademarks, service marks, images, logos, and data of third parties, including those of Friendlier’s third-party charity and business partners (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property.  Any use of such Third-Party Property provided or displayed on the Website, inures solely to the benefit of their respective owners.

 

7.4. You have no obligation to provide Friendlier with ideas, suggestions, recommendations, enhancement requests, testimonials, endorsements, product reviews or information regarding your experience using Friendlier's Website or the services provided to you through the Website (“Feedback”). However, if you submit Feedback to or about Friendlier, either directly or indirectly via a third-party review site or a survey initiated by Friendlier, then you grant to Friendlier a non-revocable, non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, reproduce, publicly display, distribute, sell, modify or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.

8. WARRANTIES AND REPRESENTATIONS

8.1. The Website and the services provided to you through the Website, are provided on a “AS IS” and “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRIENDLIER DISCLAIMS, WITH RESPECT TO THE WEBSITE AND THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE, AND ALL CONTENT THEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Friendlier does not warrant that the Website and the services provided to you through the Website will operate error-free or without downtime.  Friendlier may pause or interrupt the Website and the services provided to you through the Website at any time, and users should expect periodic downtime for updates. Friendlier does not warrant or make any representations regarding the use or the results of the Website and the services provided to you through the Website in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise. Friendlier shall not be liable for delay, damage, or failure in performance resulting from causes beyond Friendlier’s reasonable control, including, without limitation, delays and other problems inherent in the use of the internet and electronic communications, force majeure, or the actions or omissions of third-parties. All content in the Website is provided for informational purposes only. Reliance on any information provided through the Website is solely at your own risk, including, without limitation, third-party charity and business partner information, and Friendlier’s recommendations. While unanticipated, errors and bugs may occur in Website and the services provided to you through the Website from time to time that may impact your reusable packaging deposit claims. This may result in incorrect pricing or other offers. Friendlier reserves the right to correct any pricing errors on Website, and it is in Friendlier’s sole discretion to honor any incorrect pricing error.

 

8.2. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU.

 

9. LIMITATION OF LIABILITY

 

9.1. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL FRIENDLIER BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF FRIENDLIER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR OTHER ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE. FRIENDLIER ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE OR THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE, OR VIA ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE WEBSITE.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT WHERE PROHIBITED BY LAW IN NO EVENT SHALL FRIENDLIER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO FRIENDLIER OR A THIRD-PARTY SERVICE PROVIDER VIA THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE, IF ANY, OR (B) $1,000 (WHICHEVER IS GREATER).  IN NO EVENT SHALL FRIENDLIER BE LIABLE FOR ANY FAILURE TO COMPLY WITH THESE TERMS OF USE, OR FAILURE TO PROVIDE THE WEBSITE OR SERVICES PROVIDED TO YOU THROUGH THE WEBSITE, TO THE EXTENT THAT SUCH FAILURE ARISES FROM FACTORS OUTSIDE FRIENDLIER’S REASONABLE CONTROL.

 

9.2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

9.3. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS OF USE, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY HEREUNDER AND IN THE DECISION BY EACH PARTY TO CONTRACT WITH THE OTHER. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FRIENDLIER WEBSITE AND THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE.

9.4 With respect to any unauthorized, fraudulent transaction conducted using your Friendlier account, absent any violation of these Terms of Use by you, your right to reimbursement for any direct losses as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you arising out of, in connection with, or relating to any fraudulent or unauthorized use of your Friendlier account, and Friendlier may condition its payment of any fraud or unauthorized use reimbursement upon your releasing Friendlier from any further claims with respect thereto.

 

9.5. An action or proceeding relating to any claim arising out of the Website or services provided to you through the Website must commence pursuant to Section 13 within the shorter of the applicable statute of limitations or one year after the cause of action has accrued, or it shall be waived.​

10. INDEMNIFICATION

If you use the Website or services provided to you through the Website for commercial purposes and/or to make reusable packaging deposit claims on behalf of any third person or party, you agree to indemnify and hold harmless Friendlier and its officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees, caused by, arising out of, or related to your use of the Website or services provided to you through the Website or the breach of these Terms of Use.

11. COMPLIANCE WITH LAWS

You represent and warrant that: 

i. You have the authority to bind yourself to these Terms of Use;

ii. Your use of the Website will be solely for purposes that are permitted by these Terms of Use;

iii. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and

iv. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.

You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.

12. AGE RESTRICTIONS

Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.​

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario. 

 

If any claim, dispute or controversy occurs between A FRIENDLIER COMPANY INC. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or A FRIENDLIER COMPANY INC. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FRIENDLIER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.​

14. WAIVER OF CLASS ACTION

By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against A FRIENDLIER COMPANY INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against A FRIENDLIER COMPANY INC. otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.​

15. GENERAL TERMS

 

a. LANGUAGE

You and Friendlier have agreed that these Terms of Use and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue anglaise.

b. AMENDING THESE TERMS OF USE

These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time at our discretion, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion or where required by law, via email or notifications on the Website and give you the opportunity to review the amended Policy before you choose to continue using the services provided through the Website. It is your responsibility to monitor the Website regularly for changes to these Terms of Use. You agree that if you do not agree to any such change, you shall immediately stop using the Website and the services provided to you through the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.

 

c. ASSIGNMENT

We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you. Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.

d. NO WAIVER

No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.

e. NO AGENCY

The parties to these Terms of Use are independent contractors and are not partners or agents. A FRIENDLIER COMPANY INC. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.

f. SEVERABILITY

In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.

g. ENTIRE AGREEMENT

These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and A FRIENDLIER COMPANY INC. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.​

16. QUESTIONS ON THESE TERMS OF USE

We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address: info@friendlier.ca.​

17. CONFIRMATION OF AGREEMENT TO TERMS OF USE

BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.

Effective Date of these updated Terms of Use: July 3, 2023

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