Trees Organic Card Terms of Use Agreement
IMPORTANT – PLEASE READ: The following agreement describes the terms and conditions that apply to the pre-paid account of your Trees Organic Card, between you and Trees Organic Coffee & Roasting House.
By using your Trees Organic Card (the “Card”), you agree to the terms and conditions of this agreement. Please keep a copy of this agreement for your records. The terms and conditions of this agreement will govern the use of the Trees Organic Card by you or anyone else who holds or uses the Trees Organic Card.
About Your Trees Organic Card Account: Trees Organic Purchases Only
The Trees Organic Card allows you to load a dollar value on to your Trees Organic Card for future purchases at participating Trees Organic locations. The dollar value that you load onto your Trees Organic Card is a pre-payment only for the goods and services at participating Trees Organic locations. No credit card, credit line, overdraft protection, or deposit account is associated with a Trees Organic Card. Unless otherwise required by law or permitted by this agreement, any amount on your Trees Organic Card is non-refundable and may not be redeemed for cash at Trees Organic locations. No interest, dividends, or any other earnings on funds deposited onto a Trees Organic Card will accrue or be paid or credited to you by Trees Organic. The value associated with the Trees Organic Card is not insured by the Canadian Deposit Insurance Corporation (CDIC).
Use of Trees Organic Card is limited to participating Trees Organic locations. We reserve the right not to accept, load, re-load or re-issue any Trees Organic Card or otherwise limit the use of a Trees Organic Card if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
Registering Your Card
Once you have purchased your Trees Organic Card, you can register it online in order to access the additional features of the Trees Organic Card program such as protecting your balance on your card from loss or theft (see details below). After you register your card, you will receive e-mails from us for purposes of managing your account or providing you services relating to your Trees Organic Card.
Loading and Reloading Value on Your Card
You can load (or reload) a dollar value on the Trees Organic Card at participating Trees Organic locations using cash, an approved credit card or debit card (where available). All Trees Organic Cards must be activated at a participating cafe (no activation can take place online). The loaded amount will appear on your Trees Organic Card immediately. The Trees Organic Card may be reloaded at any participating Trees Organic location or online using the Card Reload Form. There may be a 1-2 business day delay for the new balance to be reflected on the Card when reloading online.
All amounts loaded onto your Trees Organic Card are held and denominated in Canadian currency.
Fees and Expiration of Card Balances
Trees Organic does not charge any fees for the issuance, activation, or use of your Trees Organic Card and your Trees Organic Card has no expiration date. Trees Organic Cards with a zero balance will be deactivated after two (2) years from the date of last use.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Trees Organic Card account. You can check the balance of your Trees Organic Card in any participating Trees Organic location, or online at our website. You can review recent transactions on your Trees Organic Card at our website. The account balance for a Trees Organic Card also will appear on your receipt from a point-of-sale register. When you use your Trees Organic Card, you will be offered a receipt but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Trees Organic Card and will provide the remaining balance of your Trees Organic Card. You should retain your receipts from each transaction in order to ensure that your account balance is correct. You will need to produce your receipt in the event of a balance dispute.
Billing Errors, Corrections
We reserve the right to correct the balance of your Trees Organic Card account if we believe that a clerical, billing or accounting error occurred. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Liability for Unauthorized Transactions
Because your Trees Organic Card is used like cash for purchases from Trees Organic, you are responsible for all transactions associated with your Trees Organic Card, including unauthorized transactions. However, if your registered Trees Organic Card is lost, stolen, or destroyed, it can be replaced with the balance remaining on it, but only if you have registered with us. If your Trees Organic Card becomes lost, stolen or damaged, you should contact us immediately via our online report form. You must provide your card number and you may be asked certain questions concerning recent activity on your account. Your Trees Organic Card balance is only protected from the point in time you notify us that your Trees Organic Card is missing and we are able to verify ownership of the card. We will freeze the remaining balance on your Trees Organic Card at the time you notify us and will load that remaining balance on a replacement Trees Organic Card. Replacement cards will be mailed within 2-4 weeks.
Privacy Statement
Trees Organic will not share or sell your personal information to any organization not affiliated with Trees Organic Coffee & Roasting House.
Amendments to this Agreement
We may amend the terms or conditions of this agreement at any time, including any rights or obligations you or we may have. We will post the terms and conditions of the amended agreement on our web site. As permitted by applicable law, any amendment will become effective at the time we post the amended agreement on our web site or as otherwise stated in our notice to you. Unless we state otherwise, the amendment will apply to your future and existing Trees Organic Cards. You are deemed to accept the amendments if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Trees Organic Card after such notice period. If you do not accept the amendments, upon written request, your Trees Organic Card will be cancelled and any amounts remaining on your Trees Organic Card will be refunded to you.
Suspension or Termination of this Agreement
We may suspend or terminate this agreement in whole or in part at any time and for any reason or no reason without notice or liability to you, including in connection with the termination of the Trees Organic Card program. If we terminate this agreement without cause, we will refund or issue restaurant credits equal to the balance held in your Trees Organic Card account.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, notwithstanding any conflict of law rules.
Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this agreement or your use of the Trees Organic Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
Arbitration Procedures
You must first present any claim or dispute to us by contacting our Head Office to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the Arbitrations Act (BC) as modified by this agreement. Unless you and we agree otherwise, any arbitration will take place in Vancouver, British Columbia, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By entering into this agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Disclaimers and Limits of Liability
TREES ORGANIC COFFEE & ROASTING HOUSE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE TREES ORGANIC CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THIS MAY NOT BE APPLICABLE TO YOU. TREES ORGANIC COFFEE DOES NOT REPRESENT OR WARRANT THAT YOUR TREES ORGANIC CARD WILL ALWAYS BE ACCEPTED OR THE TREES ORGANIC CARD PROGRAM WILL ALWAYS BE ACCESSIBLE.
IN THE EVENT THAT TREES ORGANIC COFFEE OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR TREES ORGANIC CARD PRIOR TO THE TIME AT WHICH SUCH DAMAGES AROSE. TREES ORGANIC COFFEE AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TREES ORGANIC COFFEE OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A TREES ORGANIC CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Assignment
We may assign all or part of this agreement without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
Entire Agreement
This agreement is the complete and exclusive statement of agreement between you and Trees Organic Coffee & Roasting House, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Questions or Notices
If you have any questions or wish to send us any notice regarding this agreement or your Trees Organic Card, please contact our Head Office at 604-684-5060 or via email to tocoffee@treescoffee.com.
