barcard XPRESS® ~ TERMS OF SERVICE

ACCEPTANCE OF TERMS

Welcome to barcard XPRESS® Tridore Inc. (“Tridore”) is pleased to provide its barcard XPRESS® prepaid gift voucher, convenience card and/or stored value card services (“Card”) that covers the purchase of selected beverage services and/or eat-in restaurant services at duly licensed establishment using a merchant card system in the Province Ontario honouring this card provided that cardholders (i) have reached the legal drinking age in Ontario and (ii) have not been ejected or refused entry to a subject duly licensed establishment in Ontario (the “barcard XPRESS Convenience Card”) to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, when using any Tridore Card services, you may be subject to guidelines, contest rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into the TOS. All such guidelines or contest rules are hereby incorporated by reference into the TOS.

SERVICE

Tridore currently provides qualified cardholders with barcard XPRESS Convenience Card services, including, various online administrative card tools and contests which may be accessed through various mediums or devices now known or hereafter developed (the “Service”). By “barcard XPRESS” we mean the features and Service we make available, including through our website at barcardxpress.com including sub-domains and mobile versions. You understand and agree that the Service may include certain communications from barcard XPRESS, such as service announcements and administrative messages that are considered part of the barcard XPRESS service, and that you cannot opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new barcard XPRESS properties, is subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that barcard XPRESS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or user profile settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider, telephone airtime charges and wireless provider instant messaging fees). In addition, you must provide and are responsible for all equipment necessary to access the Service.

Your continued use of the Service constitutes your acceptance of TOS. If you do not agree to abide by these TOS, do not use or access (or continue to use or access) the Service as follows:

• Tridore reserves the right to manage user and/or merchant cards and programs including the barcard XPRESS Convenience Card using a third party administrator.

• The purchase of a barcard XPRESS Convenience Card may be eligible for barcard XPRESS CLUB REWARD POINTS rewards. When the Card is used as a payment towards a purchase or your initial purchase online at barcardxpress.com, you may earn rewards on that purchase. CLUB POINTS can only be earned on the initial online purchase of your barcard XPRESS card or on purchases of selected beverage services and/or eat-in restaurant services at duly licensed establishment using a merchant card system in the Province Ontario honouring the barcard XPRESS card or otherwise provided that cardholders (i) have reached the legal drinking age in Ontario and (ii) have not been ejected or refused entry to a subject duly licensed establishment in Ontario (the “barcard XPRESS Service”). Click here for Program Terms.

• The barcard XPRESS Convenience Card allows you to purchase a Canadian dollar value on to your Card for future purchases at any participating licensed establishments in Ontario only. The dollar value that you purchase onto the Card is a pre-payment. Any use of the barcard XPRESS Convenience Card outside of Ontario with an extra-provincial or foreign merchant affiliate may be subject to a separate agreement between you and that affiliate and the laws applicable to that jurisdiction.

• We do not charge any fees for the issuance, activation, or use of your barcard XPRESS Convenience Card and your Card has no expiration date. Tridore reserves the right to add an expiry date on your Card. Any Card with a zero balance will be automatically discontinued after two (2) years from the date of last use by a cardholder.

• Cardholders are not sent statements of itemized transactions. You can check the balance of your barcard XPRESS Convenience Card in store or online at our website. You can review recent transactions by referring to your receipt from a point of sale register at any of our participating locations or online through your card registration account.  When you use your 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 barcard XPRESS Convenience Card and will provide the remaining balance of your barcard XPRESS Convenience Card. You should retain your receipts from each transaction in order to ensure that your account balance is correct.

• We reserve the right to correct the balance of your barcard XPRESS Convenience Card if we believe that a clerical error occurred. You should monitor your transactions and balances closely.

• As your barcard XPRESS Convenience Card is used like cash for purchases from our participating licensed establishments in Ontario, you are responsible for all transactions associated with your Card, including unauthorized transactions.  If your Card becomes lost, stolen or damaged, and you have recorded your card number you should contact us immediately by email at info@barcardxpress.com. A customer care representative will deactivate your card. We are not responsible for any lost, stolen or damaged cards.

• Any online order for more than fifty (50) barcard XPRESS cards should not go through the barcardxpress.com site. Please write to Tridore Inc. at Tridore Inc. c/o 7251 Topping Road, Mississauga, Ontario, Canada, L4T 2Y6 or email us at info@barcardxpress.com.

• Take notice that all affiliate Merchants honouring this card may accept a gratuity with your written consent which gratuity shall be pre-authorized on your Card for a specific amount (the “Gratuity Option”). If you order your Card online, you may select (or decline) the Gratuity Box while registering your Card to pre-authorize a gratuity up to 10% on future Card services directly with a Merchant. You may decline the Gratuity Option at any time upon written notice to the Merchant. Your available card balance will be decreased by the amount pre-authorized, temporarily affecting the card balance remaining. During the temporary hold period, the pre-authorized amount will not be available to you. Your card balance will be adjusted for any unused gratuity portion of the pre-authorized amount which may take up to three (3) business days. For example, the merchant may pre-authorize your payment for 10% more than your bill to allow for any gratuity that you may leave. If you leave only a 5% gratuity then 5% will be restored to your card balance in the time frame described.

• If you wish to obtain a higher cash limit on your Card, please enquire about our e barcard XPRESS EXECUTIVE CARD.  Requests for this Card must be made by contacting info@barcardxpress.com or by snail mail at Tridore Inc. c/o 7251 Topping Road. Mississauga, Ontario Canada L4T 2Y6.

barcard XPRESS CARD TERMS AND CONDITIONS

To see our Card Terms and Conditions, please click here.

OFFICIAL CONTEST RULES

To see our Official Contest Rules, please click here.

barcard XPRESS CLUB POINTS TERMS AND CONDITIONS

To see our Club Points Terms and Conditions, please click here.

MINORS UNDER THE LEGAL AGE TO DRINK ALCOHOL

Please be aware that barcard XPRESS has created certain areas on the Service that contain content that is not suitable for a minor under the age of 19. If you are under 19, please do not attempt to access the Service or register for barcard XPRESS or send any information about yourself to us, including your name, address, telephone number, email address or otherwise. No one under age 19 may access the Service or provide any personal information to or on the barcard XPRESS Service. In the event that we learn that we have collected personal information from a child under age 19, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 19, please contact us.

YOUR ACCOUNT AND SECURITY

During registration for the Service, you will select a password and user identification. Upon successful registration for the Service, you will receive a numeric account designation code (“barcard XPRESS ID”) associated with your account. The barcard XPRESS ID and user identification are both the property of barcard XPRESS and is not your personal information.

You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to (a) immediately notify barcard XPRESS of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. barcard XPRESS will not be liable for any loss or damage arising from your failure to comply with this section.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or barcard XPRESS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, barcard XPRESS has the right to suspend or terminate your account and refuse any and all current or future use of any of the Service (or any portion thereof).

YOUR CONDUCT ON barcardXPRESS.COM

You understand that all materials, including without limitation, information, data, video, text, software, music, sound, audio, lyrics, animation, images, drawings, photographs, graphics, and email messages or other kinds of messages (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not barcard XPRESS, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Under no circumstances will barcard XPRESS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.

You agree that you will not use the Service to:

• harvest or collect email addresses, barcard XPRESS ID or other information of other users from the Service by any means for the purposes of sending unsolicited emails or text messages;

• Impersonating someone, whether for fun or for ill gain;
• harm minors in any way;
• upload, post, message, text, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of illegal solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity;
• “stalk” or otherwise harass another; or
• collect or store personal data about other users without their express consent.

YOUR SUBMISSIONS TO barcard XPRESS

barcard XPRESS does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant barcard XPRESS a world-wide, perpetual, royalty free, non-exclusive, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, retransmit by telecommunication, publicly perform, and publicly display such Content on the Service.

You hereby irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity in the Content you submit.

CHANGES TO SERVICE WITHOUT NOTICE TO YOU

barcard XPRESS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. You agree that barcard XPRESS will not be liable to you or to any third party for any such modification or discontinuance of the Service.

EXTERNAL LINKS

The Service may provide links to other World Wide Web sites. As barcard XPRESS has no control over such sites and resources, you acknowledge and agree that barcard XPRESS is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on such sites. You further acknowledge and agree that barcard XPRESS is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on such sites.

TERMINATION OF YOUR barcard XPRESS CARD

You agree that barcard XPRESS, in its sole discretion, may terminate your account or your barcard XPRESS Convenience Card or any part thereof, including any associated email address or your use of the Service for any reason,  including, without limitation, (a) if barcard XPRESS believes that you have violated or acted inconsistently with the letter or spirit of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) in compliance with legal process;  and/or (g) if you have or we believe you have engaged in illegal activities, including without limitation, fraud. As barcard XPRESS IDs are the property of barcard XPRESS, upon termination of your account, the barcard XPRESS account previously associated with your account may become available to other barcard XPRESS users to select as their barcard XPRESS account.

OUR PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. barcard XPRESS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software.

DISCLAIMER

YOU HEREBY EXPRESSLY AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BARCARD XPRESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BARCARD XPRESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, PRIZES, DRAWS, CONTESTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARCARD XPRESS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BARCARD XPRESS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BARCARD XPRESS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

NO OTHER BENEFICIARIES OF SERVICE

You agree that there shall be no third party or other beneficiaries to this Agreement.

CHANGES TO SERVICE WITHOUT NOTICE TO YOU

BARCARD XPRESS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice. You agree that barcard XPRESS will not be liable to you or to any third party for any such modification or discontinuance of the Service.

INDEMNITY

You agree to indemnify and hold barcard XPRESS and its subsidiaries, affiliates, officers, employees, agents, affiliates, co-branders, partners and licensors harmless from any claim or demand, including all reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit, message or make available through the Service, your use of the Service, or your violation of any rights of others.

NOTICES TO YOU

Notices to you may be made via email, regular mail or text messaging. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.

COPYRIGHT INFRINGEMENT

barcard XPRESS respects the intellectual property of others, and we ask our users to do the same. barcard XPRESS may, at its sole discretion, disable and/or terminate the accounts of users. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide barcard XPRESS with the following information in writing:

• a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

You can send claims of copyright or other intellectual property infringement to:

Tridore Inc.
c/o 7251 Topping Road
Mississauga, Ontario
Canada
L4T 2Y6

INTELLECTUAL PROPERTY OF barcard XPRESS

barcard XPRESS, barcard XPRESS logo(s) and trade-marks, TRIDORE and TRIDORE logo(s) and trade-marks and all other service names, domain names and trade names are trade-marks of Tridore Inc. (the “barcard XPRESS Marks”) used in Canada and elsewhere. You agree not to display or use the barcard XPRESS Marks in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of barcard XPRESS. If you are seeking permission to use any barcard XPRESS Marks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact us at info@barcardxpress.com.

JURISDICTIONAL ISSUES

The Service is operated by Tridore Inc. from its offices within the Province of Ontario, Canada. By accessing the Service, you agree that any claim relating to the Service shall be governed exclusively by the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions as applied to agreements entered into and completely performed in Ontario, provided that barcard XPRESS reserves the right to pursue a user, civilly and criminally in any jurisdiction having control over the user or the assets of the user.

barcard XPRESS makes no representation that materials on the Service are appropriate or available for use in other jurisdictions, and accessing the Service from locations where any part of the Service is illegal is prohibited. Those who access this site from other locations do so at their own discretion and are solely responsible for compliance with local laws.

GENERAL PROVISIONS

Headings.
Headings herein are for convenience only and shall not affect the interpretation or construction of this Agreement.

Severability.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision (or portion thereof as is deemed void, unlawful or unenforceable) shall be deemed severed from this agreement and shall not affect the validity and enforceability of any other portion of such provision, or the remaining provisions.

No Right of Survivorship and Non-Transferability.
You agree that your barcard XPRESS account is non-transferable and any rights to your barcard XPRESS I.D. or Content within your account terminate upon your death.

Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Further Assurances.
You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as barcard XPRESS may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information.

Complete Agreement.
This Agreement and barcard XPRESS’s Privacy Policy, which is hereby incorporated as if set forth fully herein, represents the complete agreement between the parties.