TAPP - Website Terms and Conditions

The TDL Group Corp. and Tim Hortons Inc. ("Tim Hortons") require that all users of the TAPP site (the "Site") agree to these terms and conditions ("Terms"). Please read these Terms carefully before using the Site and print a copy for your records. If you do not agree to these Terms, do not access or use this Site. By accessing the Site you indicate your acknowledgment and acceptance of these Terms, whether or not you have read them. Tim Hortons may modify these Terms at any time and such modifications will be effective immediately upon posting. Please check these Terms periodically for any modifications. If you do not agree to any modifications of these Terms, you must stop accessing and using the Site. Your continued access and use of the Site following such modifications will indicate your acceptance of the modified Terms.


Rules of Use

This Site is provided to you solely for your use as a Tim Hortons Team Member or Franchisee. You agree that your use of this Site will be in compliance with all applicable laws and regulations and that you will not engage in prohibited conduct while using this Site. By way of illustration and not limitation, prohibited conduct includes the following:

  1. attempt to access any area of the Site that you are not authorized to access or to access the Site by means other than through the interface that is provided by Tim Hortons;

  2. attempt to penetrate the Site's security measures or obtain or bypass others' passwords;

  3. interfere or attempt to interfere with the proper working of the Site or any application or link;

  4. take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;

  5. reverse engineer or otherwise attempt to discover any source code relating to the Site or any application;

  6. send any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other information that may damage the Site (including any application) or other information, data, or the operation of Tim Hortons or a third party's computer systems or property;

  7. use the Site (including any application) for any unlawful or harmful purpose or to defame or harass anyone, or use them other than in full compliance with applicable law;

  8. use any robot, spider or other automatic device not provided by Tim Hortons; or

  9. use the Site or any application for a purpose unrelated to your role as a Tim Hortons Team Member or Franchisee.


You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. You agree to promptly notify Tim Hortons of any unauthorized disclosure or use of your password.


Restrictions on Use

The materials displayed on or contained within this Site including, without limitation, all software, design, text, instructions, images, graphics, names, logos, trade-marks, service marks, sound files, animation, video, tools and/or their arrangement on this Site (the "Tim Hortons Material") are all subject to intellectual property right protection. Tim Hortons hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use, display to other Tim Hortons Team Members or Franchisees, print, make copies of and distribute to other Tim Hortons Team Members or Franchisees the Tim Hortons Material solely for use in connection with your role as a Tim Hortons Team Member or Franchisee and for no other purpose; provided that you maintain all copyright and other notices contained in such Tim Hortons Material. Unless expressly permitted herein, any other use of the Tim Hortons Material is only permitted with the express written permission of Tim Hortons and/or their licensors. All rights not expressly granted are hereby reserved. Neither title nor intellectual property rights are transferred to you by access to this Site, but remain with Tim Hortons or their related, affiliated or subsidiary companies, who owns full and complete title to the Tim Hortons Material.

Tim Hortons does not warrant or make any representation regarding the use of the Tim Hortons Material in terms of correctness, accuracy, reliability or otherwise. The Tim Hortons Material may include technical inaccuracies or typographical errors and Tim Hortons may make changes or improvements at any time.


Submissions

All remarks, suggestions, ideas, graphics, photographs, videos, or other information or content you post on the Site or otherwise communicate to Tim Hortons through or by reason of this Site (collectively the "Submission") will be treated as non-confidential and non-proprietary. Tim Hortons will not be liable for any ideas for their business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Tim Hortons operations. You acknowledge and agree that Tim Hortons may, at their sole discretion, decide not to post your Submission on the Site, to make modifications to your Submission or to remove your Submission. You hereby grant to Tim Hortons a worldwide, irrevocable, transferable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, display, distribute, perform, broadcast, communicate to the public by telecommunication or circulate your Submission, in whole or in part, and to sub-license any such rights. You hereby waive all moral rights that you may have in your Submission for the benefit of Tim Hortons and their successors, assigns, and licensees.

By posting, submitting or communicating a Submission, you acknowledge that you are responsible for your Submission, including its legality, reliability, appropriateness and originality. You represent and warrant that you are the author of your Submission and that your Submission does not infringe the intellectual property or other proprietary rights of any third party. You agree that you will not post or communicate any Submission that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, invasive of another's privacy or that promotes hatred; (ii) you do not have the right to disseminate under law, or contractual or fiduciary relationships; or (iii) contains personal information of another individual (including another person's image in a photo or video), unless you have the individual's consent to do so.


No Warranties or Representations

THIS SITE, ITS CONTENTS, THE TIM HORTONS MATERIAL, AND ANY FUNCTIONALITIES OR TOOLS OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESSED, LEGAL, IMPLIED OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIM HORTONS DISCLAIMS ALL SUCH WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIM HORTONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TIM HORTONS MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIM HORTONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE TIM HORTONS MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.


Limitation of Liability

IN NO EVENT SHALL TIM HORTONS, THEIR AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, TEAM MEMBERS, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS SITE, EVEN IF TIM HORTONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE THAT YOU (AND NOT TIM HORTONS) WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR SUBMISSIONS.

YOU ACKNOWELDGE THAT TIM HORTONS IS NOT LIABLE FOR ANY LIBELOUS, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.


Indemnification

You agree to indemnify and hold harmless Tim Hortons and their affiliates and each of their respective directors, officers, employees, team members, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to your breach of these Terms or any claim or allegation that your Submission infringes the intellectual property or other proprietary rights of any third party.


Miscellaneous

These Terms shall be governed by, construed and enforced in accordance with, the laws of the Province of Ontario, and in each case the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario. In the event that the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction and/or a venue located in such jurisdiction to apply, such laws and venue shall apply. These Terms together with the Site Privacy Policy is the entire agreement between the parties relating to the use of this Site. Tim Hortons can revise these terms and conditions at any time by updating this posting. Tim Hortons can terminate your right to use the Site at any time at their sole discretion and without notice to you. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.