Providing Goods and Services to People with Disabilities
Who is Canadian Tire?
For purposes of this Customer Service Accessibility Policy, "Canadian Tire" means Canadian Tire Corporation, Limited and its family of companies including Canadian Tire Bank, Canadian Tire Services Limited, Canadian Tire Real Estate Limited, Mark's Work Wearhouse Ltd. (Mark’s), FGL Sports Ltd. (FGL), Canadian Tire Petroleum, PartSource, Padinox Inc. and CT Real Estate Investment Trust (REIT). Canadian Tire also includes any successors or subsidiaries of the above-listed companies.1
Our Accessibility Commitment
We are committed to eliminating barriers and improving accessibility for persons with disabilities and to providing goods and services in a way that respects the dignity and independence of people with disabilities. People with disabilities will be given the same opportunity to access and benefit from our goods and services, in the same place and in a similar way as other customers.
Communication
When communicating with a person who has a disability, we will communicate in a manner that takes into account the person’s disability. We will train employees who communicate with customers on how to interact and communicate with people with various types of disabilities.
Telephone Services
We are committed to providing fully accessible telephone services to our customers. We will train employees to communicate with customers over the telephone in clear and plain language.
Assistive Devices
We are committed to serving persons with disabilities who use assistive devices to obtain, use or benefit from our goods and services. We will ensure that our employees are trained and familiar with various assistive devices that may be used by customers with disabilities while accessing our goods or services. We will also ensure that our employees know how to use assistive devices that are available in various locations for customers use.
Service Animals
We welcome persons with disabilities who are accompanied by service animals. Service animals are allowed on the parts of our premises that are open to the public.
If a service animal is legally excluded from some parts of the premises, we will provide alternative measures to enable the person to obtain, use or benefit from our services.
We will ensure that all employees are properly trained on how to interact with people with disabilities who are accompanied by a service animal.
Support Persons
Any person with a disability who is accompanied by a support person will be allowed to enter our premises with his or her support person. At no time will a person with a disability who is accompanied by a support person be prevented from having access to his or her support person while on our premises.
Notice of Temporary Disruption in Service
We will provide customers with notice in the event of a planned or unexpected disruption in the facilities or services usually used by persons with disabilities. This notice will include information about the reason for the disruption, its anticipated duration, and a description of alternative facilities or services, if available.
This notice will be placed on the store’s website and at all public entrances and at the point of disruption. This notice will be provided in accessible formats as required.
Training
We will provide training to all employees, volunteers and others who deal with the public or other third parties on behalf of Canadian Tire, and to all individuals who are involved in the development and approval of the customer service policies, practices and procedures. Training must be completed during the employee orientation process. Training will include:
Training records will be kept, including the dates when the training is delivered, the number of employees to whom the training was provided and their names.
Customer Feedback Process
The ultimate goal of Canadian Tire is to meet and surpass customer expectations while serving customers with disabilities. Comments on our services regarding how well those expectations are being met are welcome and appreciated.
Feedback regarding the way Canadian Tire provides goods and services to people with disabilities can be made by completing the feedback form, sending an e-mail to the store (form and address details available through customer service desk) or by speaking directly with a manager on duty. All feedback will be directed to the store manager. We will make all reasonable efforts to address concerns or complaints promptly.
Availability of Accessible Customer Service Documents
We will, upon request, provide documentation in an alternate format to any person. Requests for accessible customer service documents should be made to the store manager or supervisor on duty. If a person with a disability requests a copy of this policy, we will provide the policy, or the information contained within the policy, in a format which takes into account the person’s disability.
Scope
This policy applies to the provision of goods and services at all Canadian Tire locations and addresses the Customer Service requirements. As a reflection of our commitment to the principles of accessible customer service, all efforts will be made to apply these accessible customer service principles to the provision of goods and services in other Canadian Jurisdictions.
Modifications to this or other policies
We are committed to developing customer service policies that respect and promote the dignity and independence of people with disabilities. Therefore, no change will be made to this policy before considering the impact on people with disabilities.
Questions about this Policy
This policy exists to achieve service excellence to customers with disabilities. If anyone has a question about the policy, or if the purpose of a policy is not understood, please speak with the store manager or supervisor on duty, who will escalate your question or concern accordingly.
Who is Canadian Tire?
For purposes of this Accessibility Plan, "Canadian Tire" means Canadian Tire Corporation, Limited and its family of companies including Canadian Tire Services Limited, Canadian Tire Bank, Canadian Tire Real Estate Limited, Mark's Work Wearhouse Limited (Mark’s), FGL Sports Ltd. (FGL), Canadian Tire Petroleum and PartSource. Canadian Tire also includes any successors or subsidiaries of the above-listed companies.
Background
The Accessibility for Ontarians with Disabilities Act (AODA) was adopted in 2005 with a goal of making Ontario completely accessible for individuals with disabilities by 2025. To reach this goal, businesses and organizations that provide goods and services to people in Ontario, are required to meet certain accessibility standards in 5 areas: (1) Customer Service; (2) Information and Communications; (3) Employment; (4) Transportation; and (5) the Design of Public Spaces.
Canadian Tire is committed to eliminating barriers and improving accessibility for persons with disabilities and to providing goods and services in a way that respects the dignity and independence of people with disabilities. In 2012 we implemented an Accessible Customer Service Policy to ensure that people with disabilities are given the same opportunity to access and benefit from our goods and services, in the same place and in a similar way as other customers.
The Integrated Accessibility Standards Regulation (“IASR”) under AODA, which incorporates the remaining 4 accessibility standards, requires us to establish, implement, maintain and document a multi-year accessibility plan which outlines our strategy to prevent and remove barriers for persons with disabilities through the requirements under the IASR.
The following accessibility standards are applicable to Canadian Tire under the IASR:
General Requirements
Information and Communications
Employment
Design of Public Spaces
In accordance with the IASR, Canadian Tire will:
Establish, review and update this Accessibility Plan
Post this Accessibility Plan on Canadian Tire’s public website at www.canadiantire.ca
Provide this Accessibility Plan in an accessible format, upon request
Review and update this Accessibility Plan at least once every 5 years
Purpose
The purpose of this Accessibility Plan is to outline Canadian Tire’s strategy to prevent and remove barriers to address the current and future requirements set out under the IASR.
Integrated Accessibility Standards Regulation
General Requirements
Training
Commitment:
We are committed to implementing a process to ensure that all employees, volunteers, third party contractors who provide goods, services and facilities on behalf of Canadian Tire, and persons participating in the development and approval of Canadian Tire’s policies, are provided with appropriate training on the requirements of the IASR and on the Ontario Human Rights Code as it pertains to persons with disabilities, and are provided with such training as soon as practicable.
Planned Action:
In addition to the training we provide to our employees under the Accessibility Standard for Customer Service, we will provide training to our employees, volunteers, persons who participate in developing the organization’s policies and other staff members who provide goods, services or facilities on behalf of Canadian Tire on the requirements of the Integrated Accessibility Standards Regulation and on the Human Rights Code as it relates to persons with disabilities. Training will be provided in a way that best suits the individual’s actual duties.
Since January 1, 2015 wee complete the required training of our employees, volunteers, persons who participate in developing the organization’s policies and other staff members. In order to meet this obligation, we:
Develop appropriate training content.
Deliver training to employees, volunteers and others required to participate.
Maintain a record of the training provided, including the dates that the training was provided and the number of individuals to whom it was provided.
Ensure that training is provided on any changes to the prescribed policies on an ongoing basis.
Self-Service Kiosks
Commitment:
We are committed to eliminating barriers and improving accessibility for persons with disabilities and to providing goods and services in a way that respects the dignity and independence of people with disabilities.
Actions Taken:
Should we design, procure or acquire any self-service kiosks on or after January 1, 2014, we will have regard to the accessibility for persons with disabilities. We will ensure that any employees involved in the procurement or acquisition are apprised of the need to consider accessibility features in choosing the appropriate self-service kiosk.
Information and Communication Standards
Commitment:
We are committed to making company information and communications accessible to persons with disabilities. We will incorporate new accessibility requirements under the Information and Communication Standard to ensure that our information and communication systems and platforms are accessible and are provided in accessible formats that meet the needs of persons with disabilities.
Actions Taken:
Emergency Procedure, Plans or Public Safety Information
Effective January 1, 2012, public safety information that is prepared by Canadian Tire and made available to the public will be made available in an accessible format or with appropriate communication supports, as soon as practicable, upon request.
Accessible Websites and Web Content
In order to ensure all of our internet websites, and all content posted on those websites since January 1, 2012, is accessible, we are continually working to improve our digital assets and aim for all our digital properties to be WCAG 2.0 AA compliant.:
Feedback
Feedback regarding the way Canadian Tire provides goods and services to people with disabilities can be made by completing the feedback form, sending an e-mail to the store (form and address details available through customer service desk) or by speaking directly with a manager on duty.
Accessible Formats and Communication Supports
Where a request for an accessible format or for communication supports is received, we will:
Consult with the individual making the request to determine their accessibility needs and what would be a suitable format or support.
Provide the requested information in a timely manner.
Provide the information at regular cost (if any).
Employment Standards
Commitment:
We are committed to fair and accessible employment practices that attract and retain employees with disabilities. This includes providing accessibility across all stages of the employment cycle.
Actions Taken:
The following measures were implemented effective January 1, 2012:
Workplace Emergency Response Information
In situations where we are aware that an employee has a disability and that there is a need for accommodation, individualized workplace emergency response information are provided to the employee as soon as practicable if such information is necessary given the nature of the employee’s disability. These individualized emergency response plans are:
Communicated to the employees’ respective manager and Safety personnel, where the employees’ consent has been obtained and on an as needed basis.
Reviewed and assessed on an ongoing and regular basis to ensure that accessibility issues are addressed.
Recruitment General
We will notify employees and the public of the availability of accommodation for applicants with disabilities in the recruitment process. This will include:
A review and, as necessary, modification of existing recruitment policies, procedures and processes.
Specifying that accommodation is available for applicants with disabilities on job postings.
Recruitment, Assessment and Selection
We will notify job applicants, when they are individually selected to participate in an assessment or selection process that accommodations are available upon request in relation to the materials and processes to be used in the assessment/selection process. This will include:
A review and, as necessary, modification of existing recruitment policies, procedures and processes.
If a selected applicant requests an accommodation, consult with the applicant and arrange for provision of suitable accommodations in a manner that takes into account the applicant’s accessibility needs.
Notice to Successful Applicants
When making offers of employment, we will notify the successful applicant of our policies for accommodating employees with disabilities. This will include:
A review and, as necessary, modification of existing recruitment policies, procedures and processes.
Inclusion of notification of Canadian Tire’s policy on accommodating employees with disabilities in offer of employment letters.
Informing Employees of Supports
We will inform all employees of policies that support employees with disabilities, including, but not limited to, policies on the provision of job accommodations that take into account an employee’s accessibility needs due to a disability. This will include:
Informing current employees and new hires of Canadian Tire’s policies supporting employees with disabilities.
Providing information under this section as soon as practicable after the new employee begins employment.
Keeping employees up to date on changes to existing policies on job accommodations with respect to disability.
Accessible Formats and Communication Supports for Employees
Where an employee with a disability so requests it, we will provide or arrange for provision of suitable accessible formats and communication supports for:
Information that is needed in order to perform the employee’s job.
Information that is generally available to employees in the workplace.
In order to meet this obligation, we will consult with the requesting employee to determine the suitability of an accessible format or communication support.
Documented Individual Accommodation Plans/Return to Work Process
Our existing processes include steps that we will take to accommodate an employee with a disability and to facilitate an employee’s return to work after absenteeism due to disability.
We will review and assess the existing processes to ensure that they include a method for the development of documented individual accommodation plans for employees with a disability, if such plans are required.
We will ensure that the process for the development of documented individual accommodation plans includes the following elements, in accordance with the provisions of the IASR:
The manner in which the employee requesting accommodation can participate in the development of the plan.
The means by which the employee is assessed on an individual basis.
The manner in which we can request an evaluation by an outside medical or other expert, at Canadian Tire’s expense to assist us in determining if and how accommodation can be achieved.
The steps taken to protect the privacy of the employee’s personal information.
The frequency in which individual accommodation plans will be reviewed and updated and the manner in which this will be done.
If an individual accommodation plan is denied, the manner in which the reasons for the denial will be provided to the employee.
The means of providing the individual accommodation plan in a format that takes into account the employee’s accessibility needs due to disability.
If individual accommodation plans are established, ensure that they include:
Individualized workplace emergency response information.
Any information regarding accessible formats and communication supports that have been provided for or arranged, in order to provide the employee with:
Information that is needed in order to perform the employee’s job.
Information that is generally available to employees in the workplace.
Any other accommodation that is to be provided to the employee.
Performance Management, Career Development and Redeployment
We will take into account the accessibility needs of employees with disabilities, as well as individual accommodation plans:
When using our performance management process in respect of employees with disabilities;
When providing career development and advancement to our employees with disabilities;
When redeploying employees with disabilities.
In order to meet this obligation, we will review, assess and, as necessary, modify existing policies, procedures and practices to ensure compliance with the IASR.
Design of Public Spaces Standards
Commitment:
We will meet the Accessibility Standards for the Design of Public Spaces when building or making major modifications to public spaces.
Actions Taken:
Canadian Tire has procedures in place to prevent service disruptions to the accessible parts of our public spaces. In the event of a disruption, we provide notice of the reason for the disruption, the anticipated duration of the disruption and a description of alternative facilities or services that are available.
We have processes and procedures to maintain our public spaces. In order to meet our obligation, we review and update the processes and procedures and make updates as needed to meet compliance with the IASR.
For more information
For more information on this Accessibility Plan, or for a copy of this plan in an accessible format, please contact Canadian Tire by any of the following means:
By telephone: English: 1-800-387-8803
French: 1-800-565-3356
By email: customerservice@cantire.com
By regular mail: Please forward your comments & questions to the following address:
PO Box 2000, Station Main
Welland, ON
L3B 5S3
Canadian Tire Corporation Ltd. Customer Service Accessibility Policy
Click here to download the Customer Service Accessibility Policy
Unused/unworn items in original packaging and with all paperwork, parts & accessories and returned within 30 days of purchase will receive a refund to the original method of payment used for the purchase. Shipping charges are NOT included in the return amount.
Returns made between 31 to 60 days will receive a MERCHANDISE CREDIT card. If the amount of the return is less than $5.00, cash will be refunded.
Returns over 60 days are not eligible for a refund.
A Photo ID matching Ship to/Bill to address and the order e-Receipt (printed copy or mobile device display) are required to process your return. You will also be required to provide your name, telephone number, and postal code for a return or exchange transaction.
If you paid for your order via PayPal, returns at our Sport Chek retail store locations will credit the Debit or Credit Card attached to your PayPal account.
All prices on SportChek.ca are stated in Canadian dollars.
At Sport Chek, our goal is to offer our customers great overall value. "Our Price" refers to the price at which products are offered for sale online. "Our Price" does not necessarily refer to the price at which products were regularly sold or regularly offered for sale.
Unless otherwise noted, the prices shown on SportChek.ca refer to the "Current Selling Price" of the product online.
FGL reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Canadian Tire believes that customer conduct violates applicable law or is harmful to the interests of Canadian Tire or any Third Parties.
Price Matching
Please note our retail stores Price Match Policy. This is not applicable to SportChek.ca online ordering.
At Sport Chek we constantly strive to offer competitive prices in the market. Prior to purchase, if you find an item available for sale at a lower advertised price by our competitors; or within 15 days of purchase, if you find your item advertised at a lower price by our competitors or at our store, we will gladly match the price.
Conditions: Present your original receipt along with proof that the item is being advertised at a lower price. The price must be verified by our employees, must be in Canadian currency, and must be sold by an authorized retailer located in Canada (Internet offers do not apply). The advertised item must be the same brand and model, size, colour, and be available for immediate purchase. This policy does not apply to demo products, third party offers, (i.e. Ski Passes), Advertising errors or misprints, rebates, coupons, free or combined offers, (i.e. gift with purchase), limited time offers (i.e. grand opening sales), flash sales, special pricing events (i.e. VIP, Friends & Family, Black Friday, Cyber Monday, Boxing Day), closeout, or liquidation items.
The conditions of our price match policy may be modified without notice.
FGL Sports Ltd. is a subsidiary of Canadian Tire Corporation, Limited. As part of the Canadian Tire group of companies, we adhere to Canadian Tire's Privacy Charter, which governs how we collect, use, disclose and protect your personal information. For full details, click here to view Canadian Tire's Privacy Policy or click here to review the Privacy Charter which explains the types of customer personal information we collect, how it is used, and the steps we take to ensure your personal information is handled appropriately.
Click here for a list of frequently asked questions regarding our Privacy Charter.
GENERAL PRIVACY INQUIRIES
For general privacy inquiries or to opt out of receiving communications from us you may contact us through email, by phone or in writing. You may also opt out of receiving further communications by clicking "unsubscribe" at the bottom of any electronic message you have received from us.
BY EMAIL: privacyoffice@cantire.com
BY MAIL: c/o Canadian Tire Canadian Tire Corporation, Limited
2180 Yonge Street
P.O. Box 770, Station K
Toronto, ON
M4P 2V8
Re: Privacy Inquiries
All requests for details regarding what personal information we have collected and maintain about you must be made in writing and submitted by mail or fax.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on SportChek.ca ("Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. FGL Sports Ltd. (“FGL”), which operates this Web Site, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. Product shown on models in the lifestyle images presented on the Web Site may not be available. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any videocassettes, DVDs and similar products sold are for private, non-commercial, home use (where no admission fee is charged), and non-public performance may not be duplicated.
2. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4. Use of this Web Site. The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software, content and other technology components of this Web Site are proprietary to FGL , or its affiliates and suppliers. All rights reserved. FGL also owns a copyright in this Web Site as a compilation. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
5. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of FGL or its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of FGL, its affiliates, suppliers, or such other owner.
6. Linking to this Web Site. Creating or maintaining any link from another web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
7. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by FGL or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we, nor any of our respective affiliates, are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we, nor any of our respective affiliates, endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
8. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9. Customer ratings and reviews / Question and Answers Terms of use. These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by FGL (the "CRR Service").
By submitting any content to FGL, you guarantee that:
You further agree that you may not submit any content:
You agree to indemnify and hold FGL (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant FGL a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at FGL's sole discretion. FGL reserves the right to change, condense, withhold publication, remove or delete any content on FGL's website that FGL deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. FGL Sports Ltd does not guarantee that you will have any recourse through FGL to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, FGL reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not FGL, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of FGL, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
10. User Generated Content. FGL may, from time to time, select content created and publicly posted by you (the "Contributor") on a third-party social media platform ("User Generated Content") that is relevant to and in conformity with FGL brand vision and brand principles. FGL has chosen this User Generated Content for the purpose promoting FGL in accordance with these Terms and Conditions. The Contributor should review the Terms and Conditions each time the Contributor grants permission or authorization to FGL to use the Contributor's User Generated Content.
Consent
When User Generated Content is selected by FGL, the Contributor will be contacted via the social media platform on which the User Generated Content appears. FGL will ask the Contributor for his/her consent to use the specified User Generated Content in accordance with these Terms and Conditions. The Contributor will be asked to reply in accordance with the instruction in the message to grant his/her consent. A direct response by Contributor within the same message thread using the language specified will be deemed to constitute valid consent. If no response is received from the Contributor, the specified User Generated Content will not be used by FGL.
BY REPLYING "I CONSENT", THE CONTRIBUTOR IS ENTERING INTO AN AGREEMENT WITH FGL AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS, WITHOUT LIMITATION OR QUALIFICATION. THE CONSENT GIVEN BY CONTRIBUTOR SHALL ONLY BE VALID FOR THE USER GENERATED CONTENT SPECIFIED BY FGL.
License
By providing consent, the Contributor hereby grants to FGL, the perpetual, non-exclusive, irrevocable, sublicensable, worldwide, royalty-free right and license to exhibit, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display the User Generated Content and the Contributor's name, voice, picture, portrait and likeness as it appears in or in connection with the User Generated Content and to incorporate such User Generated Content in other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes, including but not limited to the advertising, marketing and promotion of FGL and its products and services.
Notwithstanding the above, FGL will have no obligation to make any use of any of the rights granted by the Contributor. FGL's use of the User Generated Content or the Contributor's name and/or likeness does not imply any endorsement of or any affiliation with the Contributor.
The Contributor acknowledges he/she is not entitled to any compensation for use of the User Generated Content by FGL.
Representations and Warranties
By granting the license, the Contributor represents and warrants that:
Indemnity, Waiver and Release
The Contributor agrees to indemnify, defend and hold FGL and the Third Parties, and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of Contributors breach of the User Generated Content section of these Terms and Conditions.
The Contributor hereby waives any and all claims to which the Contributor may become entitled for any reason whatsoever and does hereby release, remise and forever discharge FGL and the Third Parties of and from any and all actions, causes of action, suits, debts, dues, sums of money, costs, claims and demands whatsoever, whether at law or in equity, which the FGL or the Third Parties hereafter can, may or shall have, by reason of FGL use of the User Generated Content.
The Contributor irrevocably and unconditionally waives (and agrees not to enforce) all rights in the User Generated Content, including without limitation any moral rights or equivalent rights which the Contributor may otherwise have under any laws now existing or which become law in the future in any part of the world. If requested, the Contributor will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights the Contributor has granted to FGL under these Terms and Conditions.
11. User Information. Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
12. Account Name and Password. You are required to have an account name and password for certain activities on the website. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use the Website. We may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. FGL does not assume any responsibility, or will be liable, for any damages arising from or related to your failure to keep your password secure.
13. Electronic Communications. When you visit this Website or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Contests. All contests are governed by this Agreement, the applicable Contest Rules as well as applicable legislation. By participating in a contest through the website, you signify your agreement and acceptance of this Agreement, the applicable Contest Rules as well as applicable legislation.
15. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FGL NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER FGL OR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LEGISLATION FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LEGISLATION, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FGL HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LEGISLATION. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
16. LIMITATIONS OF LIABILITY. Neither FGL or any of its affiliates assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL FGL OR ANY OF IT’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
You agree to defend, indemnify and forever hold FGL, its directors, officers, employees, contractors, partners, affiliates and related companies harmless from any claims, suits, demands, liabilities, costs and expenses, including reasonable legal fees on a solicitor and client basis, related to or arising out of any violation of these Terms and Conditions by you, or in connection with your use of the Content or the Website, or with the transmission of any message or information by you to FGL.
You are subject to the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy), located at https://www.google.com/intl/en-US_US/help/terms_maps.html, and https://www.google.com/intl/ALL/policies/privacy/index.html, respectively.
17. Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site. Your continued use of this Website following either form of notice will signify your acceptance of the revised terms of this Agreement.
18. Choice of Law; Jurisdiction. This Agreement, your use of this Website, and all related matters are governed solely by the laws of Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between us and you or any other person arising from, connected with or relating to this Website, this Agreement or any related matters must be resolved before the Courts of Province of Alberta sitting in the City of Calgary, Alberta, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
To the extent permitted by law, any claim or cause of action you may have arising from, connected with, or relating to your use of this Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Calgary, Alberta, Canada within two (2) years after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
19. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
20. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at 110 - 205 Quarry Park Blvd SE, Calgary, Alberta, T2C 3E7 or at 1-877-977-CHEK (2435)
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