Terms of use

Last revision: September 24, 2020  

Introduction  

These terms of use (“Terms of Use”) are a legal agreement between Keurig Canada Inc. on behalf  of itself and its parent, Keurig Dr. Pepper, Inc., or its affiliates and subsidiaries (collectively “Keurig”)  and you, and describe the rules and conditions by which you may use any website, Facebook site,  mobile app, or other social media channel owned and/or operated by Keurig now or in the future  (collectively and individually, the “Sites”).  

Please read these Terms of Use carefully. They affect your legal rights and impose obligations on  you.  

THE USE OF THE SITES ARE AT YOUR OWN RISK. TO THE GREATEST EXTENT LEGALLY  PERMITTED, KEURIG DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,  WARRANTIES AND CONDITIONS AND EXCLUDES LIABILITIES FROM YOUR USE OF THE  SITES. YOU AGREE TO COMPENSATE US FOR ANY LIABILITIES AND EXPENSES WE INCUR  FROM YOUR USE OF THE SITES CONTRARY TO THESE TERMS OF USE.  

SOME KEURIG BREWERS CAN BE PAIRED WITH A KEURIG MOBILE APP. INFORMATION  PROVIDED THROUGH A KEURIG MOBILE APP ABOUT THE STATUS AND OPERATION OF A  KEURIG BREWER IS FOR GENERAL INFORMATION ONLY. IT IS NOT A SUBSTITUTE FOR  YOUR PROPER SUPERVISION AND SAFE OPERATION OF YOUR KEURIG BREWER. YOU  MUST FOLLOW ALL INSTRUCTIONS REGARDING THE SAFE OPERATION AND USE OF YOUR  KEURIG BREWERS IN THE OWNER’S MANUAL.  

Any of the provisions in these Terms of Use may be modified from time to time as permitted by  applicable laws. Each time you use the Site, you are agreeing to the most recent version of the  Terms of Use.  

Rules for using the Sites 

You agree to follow the conduct rules listed below:  

∙ You will not knowingly provide or post any false, misleading, or fraudulent information.  ∙ You will not use the Sites for any illegal purpose, nor will you provide or post any material or  information in violation of any applicable law or regulation.  

∙ You will not violate Keurig or its licensors intellectual property rights.  

∙ All information provided or posted by you will not violate the copyright rights, right of publicity  or privacy or any other proprietary rights of any third party. 

∙ Information provided or posted by you will not violate the trade secret rights of any third  party.  

∙ Information provided or posted by you must not be defamatory, harassing, offensive,  threatening, obscene, or otherwise inappropriate or disruptive. 

∙ You will not hold yourself out as someone you are not or otherwise impersonate any other  person while using the Sites.  

∙ You will not interfere or tamper with the functioning of the Sites, nor will you attempt to gain  access to information or control of the Sites not specifically granted to you.  

∙ You will not use the Sites to transmit any spyware, virus or similar destructive program or  code.  

∙ You will not compile any database or list of other visitors to the Sites, nor will you use the  Sites to facilitate the sending of any spam, bulk email, or email offering to sell goods or  provide services.  

∙ You will not access or attempt to access any restricted portion of the Sites unless you have  specifically been granted access.  

∙ You may not access or attempt to access the Sites through any automated means, such as  through bots, spiders, scripts, or similar software, or other means or processes to access,  “scrape,” “crawl” or “spider” the Site, its offers, or any related data or information.  

Access  

We may discontinue all or part of our Sites at any time. We may block or limit your access to any or  all of our Sites if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation  relating to your use of our Sites; (c) you engage in any conduct which we, in our sole discretion,  believe is offensive, harmful, defamatory, or otherwise harmful to us or others. Please note that if  you are accessing our Sites via a mobile device, standard fees may be incurred. Check with your  mobile service provider for details.  

Ownership of the Sites and the Keurig Content  

We provide the Sites as a service to our customers. Unless otherwise noted, all content and  functionality, including images, illustrations, designs, icons, photographs, video clips, software, and  written and other content that are part of the Sites, including all copyright, trademark, patent, and  any other intellectual property rights therein (collectively, the “Content”) are owned or licensed by  Keurig.  

Furthermore, the Sites and the Content are the sole property of Keurig or its licensors and are  protected by Canadian and international copyrights, trade-marks, service marks, patents, trade  secrets and other proprietary rights and laws. No ownership or intellectual property rights are  transferred to you in the Sites or the Content.  

In the case of our mobile apps, Keurig grants you a non-exclusive, non-transferable, limited licence  to install the mobile app on any single mobile device, tablet, or similar technology and to cache and  display the Content.  

The Content includes the mobile app software (including source code and object codes) and all text,  data, graphics, photographs, images, audio, video, animations, trademarks, service marks, trade  names, logos, and other material displayed on or through the Sites.  

If you believe that any Content or other materials on our Sites infringes your copyright, you may  notify us in writing at:  

Keurig Canada Inc.  

Attention: Copyright Claim 

3700, Rue Jean-Rivard  

Montreal, Quebec H1Z 4K3  

The notice you send to us must be signed by you or an agent authorized to represent you and must  include information sufficient for us to identify the allegedly infringing material and the material to  which you hold the copyright. In particular, you must include: the copyright holder’s name and  address (or that of its authorized agent), identify the material that is alleged to be infringed, the  location of the material (e.g. URLs for pages on the Sites), the date and time of the alleged  infringement. If your notice concerns information posted by another person, we will use commercially  reasonable efforts to forward that notice to the other person.  

Personal use  

You may only use the Sites for your personal, non-commercial use. You may not use the Sites or the  Keurig Content, in whole or in part, for the purpose of creating a competing product or service or for  resale.  

You may not copy, reproduce, perform, distribute, display, modify, translate, merge with other data,  frame in another website, post on another website or create derivative works of Sites or the Keurig  Content, except that you may print or download one copy of any images and text on the Sites for  your personal, non-commercial use.  

User accounts  

You may only create an account on one of our Sites if you are at least 18 years old. You will be  required to use a username and password. Your password should not be easy to guess. You must  not use a password that you have used on another site. You are responsible for keeping your  username and password confidential and secure. You are responsible for all activity under your  account, including as a result of your failure to choose a strong, unique password. You agree to  promptly notify Keurig immediately after you become aware of any unauthorized use of your account  and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.  

When you register for an account, we will send you communications relating to your account by  email. If you install a Keurig mobile app, you may also receive push notifications.  

Consent to app installation and updates and upgrades 

You agree to use the most recent version of Keurig mobile apps to ensure you have the latest  features, bug fixes and more.  

By downloading or installing a Keurig mobile app, you consent to the installation of the mobile app  and to future updates and upgrades. These updates and upgrades may occur for various reasons  including adding or removing functionality, fixing bugs, and addressing issues relating to security or  performance. Your mobile phone or other device may prompt you to accept the installation of the  update or upgrade for the Keurig mobile app. You agree to use the most current version of the  Keurig mobile app available in Apple App Store or Google Play, and understand that we may only  support the most current version of the Keurig mobile app.  

In some cases, an update or upgrade may be installed automatically. YOU AGREE TO THE  AUTOMATIC INSTALLATION OF UPDATES AND UPGRADES. You can withdraw your consent at  any time by uninstalling the Keurig mobile app. To request assistance with the removal of a Keurig  mobile app, please contact us at https://www.keurig.ca/support/email-us-page or Keurig Canada Inc.  3700, Jean-Rivard, Montreal, Quebec H1Z 4K3. 

 

The Keurig mobile apps work by communicating with Keurig and its service providers to provide you  with the functionality in the Keurig mobile app. THEREFORE, YOU ACKNOWLEDGE AND  UNDERSTAND AND AGREE that the Keurig mobile app (including any updates or upgrades) may  (i) cause your device to automatically communicate with Keurig’s or its third-party service provider’s  servers to deliver the functionality described in the mobile app, in these Terms of Use and in any  descriptions of the mobile app functionality posted where you download the app, and to record  usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect  personal information and other information as described in the Privacy Policy.  

Your telecommunications services provider may impose data charges when you use a Keurig mobile  app or for data charges for updating or upgrading a Keurig mobile app if you have not restricted  updates and upgrades to wi-fi connections.  

Your Content, Ideas and Submissions  

The Sites may allow you to send, post or otherwise provide your Content to Keurig. Your Content  includes your comments, reviews, pictures and other material. If you send, post or otherwise provide  your Content to Keurig, you represent and warrant that you own or otherwise have all of the rights in  your Content to do so.  

If you post your Content publicly on a Site, you grant to Keurig a perpetual, worldwide, royalty-free,  irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute,  compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or  copyrighted content contained in your Content in any way and for any purpose whatsoever. Keurig  shall have no obligation of any kind with respect to your Content if you post it publicly and will be free  to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the  materials to others, without limitation.  

Our policy is not to accept unsolicited ideas or submissions about new marketing, advertising,  product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about  our ownership of new concepts. If you do send us a message about a proposed idea, your message  will be treated as non-proprietary and non-confidential and, by doing so you agree that it becomes,  without further compensation to you, our sole and exclusive property and may or may not be used by  us for any purpose.  

Product information, pricing and availability  

The products displayed on our Sites may be available on our Sites for purchase, and may also be  available in select third party retail locations. The products and prices displayed on our Sites are  subject to change at any time with or without notice. The prices or items in any particular third party  store may be different from those appearing on our Sites, and the in-store information and  availability controls over any conflicting information on our Sites. Your order is not accepted until it is  confirmed by Keurig and shipped to you. Keurig may reject or cancel your order. If we do so, Keurig  will refund you any amounts that we have charged you.  

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies,  or omissions that may relate to product descriptions, pricing and availability. Keurig reserves the  right to correct any errors, inaccuracies or omissions and to change or update information at any  time without prior notice, even after an order may be placed or confirmed. In the event a product  ordered is no longer available, not available at the advertised price, or if the price has increased,  Keurig may decline your order or Keurig may contact you to confirm whether you would like to  continue with your purchase given the new availability and pricing information. 

 

In connection with placing an order, you may be asked by Keurig or the applicable third party to  supply certain information, including, but not limited to, credit card or other payment information. You  agree to provide Keurig or such third party with information that is accurate, complete and current,  and to comply with the terms and conditions of any agreement that you enter in connection with your  purchase of any product or service. You are responsible for all charges incurred by users of your  account, credit card or other payment mechanism, as well as for paying any applicable taxes.  

Fraud Prevention  

Keurig reserves the right to request further information from you to deter or investigate potential  fraudulent transactions. This information may include, but is not limited to, a copy of the credit card  statement that was used to complete the offers, in order to ensure a stolen credit card was not used.  Keurig reserves the right to place any order on hold, for any reason, in order to investigate  potentially fraudulent activity involving the Sites. All decisions by Keurig regarding fraud or  suspected fraud are binding and final.  

Coupons  

Product obtained through coupon redemption is for personal use only. Coupons may not be used to  obtain product from the Sites for resale. Coupons are not transferable. Keurig reserves the right to  validate the information you have submitted before issuing, or before honoring an issued, a coupon.  Keurig in its sole discretion may refuse to issue a coupon, may cancel an issued coupon, and/or may  cancel a customer account for any violation or suspected violation of the Terms of Use, including if  Keurig believes that fraudulent purchase information or personal information has been submitted,  that a coupon has been obtained fraudulently, or that an account has redeemed fraudulently  obtained coupons.  

Warranty disclaimer  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR  LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE FOLLOWING  EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF QUEBEC, ANY  WARRANTIES ARE STRICTLY LIMITED TO THOSE MANDATORILY REQUIRED BY  APPLICABLE LAW.  

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITES ARE AT YOUR  SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,  ACCURACY AND EFFORT IS WITH YOU.  

ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND,  EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE,  IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR  NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  

KEURIG EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE  SITE, ALTHOUGH KEURIG MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE.  

YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY  SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE  OF THE SITES. THIS SECTION DOES NOT LIMIT OR AFFECT YOUR KEURIG BREWER  WARRANTY. 

 

KEURIG MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL  BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT  THE FUNCTIONS CONTAINED IN THE SITES WILL FUNCTION WITH OTHER SOFTWARE OR  HARDWARE, OR WITHIN A PARTICULAR SYSTEM.  

YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT  ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER  HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT COMPANY SHALL NOT BE  LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES.  

Limitation of Liability  

IF YOU RESIDE IN QUEBEC, THE FOLLOWING LIMITATION OF LIABILITY DOES NOT RELIEVE  KEURIG’S LIABILITY FOR INTENTIONAL OR GROSS FAULT, FOR BODILY OR MORAL  DAMAGES OR OTHER LIABILITY THAT CANNOT BE EXCLUDED.  

IN NO EVENT SHALL ANY KEURIG ENTITY OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR  AGENTS BE LIABLE FOR:  

(A) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR  CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF KEURIG  HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER  THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE,  OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND  MATERIALS AVAILABLE FROM THE SITES. THESE LIMITATIONS SHALL APPLY  NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  

(B) YOUR FAILURE TO ADHERED TO ALL SAFE OPERATION GUIDELINES AND TO TAKE  APPROPRIATE CARE IN THE OPERATION OF YOUR KEURIG BREWER IN  CONJUNCTION WITH YOUR USE OF A KEURIG MOBILE APP THAT YOU PAIR WITH  YOUR KEURIG BREWER.  

Privacy  

By using a Site, you also agree to the most-recent version of the Privacy Policy in effect at that Site  and any supplemental privacy notices. We may change the Privacy Policy or supplemental privacy  notices at any time, and such changes will be reflected in the Privacy Policy or supplemental privacy  notices posted on the Site or otherwise communicated to users of the Site.  

Minors and children  

Our Sites are not intended for minors. You may not register for an account or purchase products on  our Sites unless you are at least 18 years of age.  

Links  

Our Sites may contain links to websites operated by other entities, or display information or content  regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the content available on any other sites linked to our  Sites or any action or inaction of any third party. We do not endorse or warrant the goods or services  of any third party, and you visit other sites or engage in business with any third party at your own  risk.  

Your liability to Keurig  

To the maximum extent permitted by applicable law, you will hold the Keurig Covered Parties  (defined below) harmless from and against all claims, actions, demands, liabilities, judgments and  settlements, including all legal fees and costs, that Keurig incurs arising out of or related to your  Content, the use of your account (by you or by any third party), a breach of these Terms of Use, or  any other direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim  you may incur in connection with your use of this Site (to the extent not solely caused by Keurig’s  negligence), including, without limitation, any economic harm, personal injury, lost profits, damages  to business, data or computer systems, or any damages resulting from reliance on any content or  resulting from any interruptions, work stoppages, computer failures, deletion of files, errors,  omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have  previously advised Keurig of the possibility of such claim. The Keurig Covered Parties includes  Keurig, any affiliated Keurig entity, their officers, directors, employees, sponsors, and agents  (“Covered Parties”). Your sole remedy for dissatisfaction with the service is to stop using the service.  

Disputes  

You agree that you will allow us a reasonable opportunity to address any claim you may have before  commencing any proceeding against us. Except for Quebec residents, these Terms of Use are  governed by and will be construed in accordance with the laws of the Province of Ontario without  regard to principles of conflict of laws. For Quebec residents, these Terms of Use are governed by  an will be construed in accordance with the laws of Quebec. Any disputes arising hereunder will be  litigated exclusively within the province in which you ordinarily reside while using the Sites.  

Interpretation  

These provisions and any rules, policies or guidelines posted on the applicable Site by Keurig  constitute the entire agreement between Keurig and you with respect to the subject matter of your  use of the Site. No waiver by either Keurig or you of any breach or default shall be deemed to be a  waiver of any preceding or subsequent breach or default. If any provision contained in these Terms  of Use is determined to be void, invalid, or otherwise unenforceable by a court of competent  jurisdiction, such termination shall not affect the remaining provisions contained herein.  

Apple / Google Terms and Conditions  

If you download a Keurig mobile app from the Apple App Store, your use of the Keurig mobile app is  also governed by Apple’s Terms and Conditions, including the Licensed Application End User  License Agreement (available at http://www.apple.com/legal/internet-services/itunes/ca/terms.html).  

If you download a Keurig mobile app from the Google Play Store, your use of the Keurig mobile app  is also governed by the Google Play Terms of Service (available at  

https://play.google.com/about/play-terms.html).  

If there is a conflict or inconsistency between these Terms of Use and the Apple Terms and  Conditions or the Google Play Terms of Service, then, as between you and Keurig, these Terms of  Use will govern to the extent of that conflict or inconsistency.  

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