LAST UPDATED: 2023-06-26
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").
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
The terms governing the features and capabilities of your account and the related fees can be found on the Website.
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 email@example.com, 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
7.2. 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
9.2. 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.
9.5. 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.
11. COMPLIANCE WITH LAWS
You represent and warrant that:
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.
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
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
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
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