SIP&SAVE
TERMS AND CONDITIONS
Terms of
Use
Thank you for using this service, which is owned by Circle K Stores Inc.
(“Circle K,” “we,” “us,” or “our”).
Effective Date: October 11, 2021
1. Your
Acceptance of These Terms of Use
These terms of use (“Terms of Use”) govern the use of all Circle K owned
platforms, including our website at https://www.circlek.com/sip-and-save and
our LIFT application (collectively, this “Site”). By using this Site, you are
agreeing to comply with and be bound by these Terms of Use. If you do not agree
to these Terms of Use, you may not access or use this Site.
In order to use the
Site, you need to (a) be 18 or older and (b) have the power to enter a binding
contract with us and are not barred from doing so under any applicable laws.
You also warrant that any registration information that you submit to Circle K
is true, accurate and complete, and you agree to keep it that
way at all times.
2. Your
Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy
Policy, which is expressly incorporated herein. Before using this Site, please
carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in
accordance with our Privacy Policy. To the extent there are inconsistencies
between these Terms of Use and our Privacy Policy, these Terms of Use control.
3. Your
Consent to Other Agreements
When you sign up to use a special feature of this Site, you may be asked to
agree to special terms governing your use of the special feature. In such
cases, you may be asked to expressly consent to the special terms, for example,
by checking a box or clicking on a button marked “I agree.” This type of
agreement is known as a “click-through” agreement. If any of the terms of the
click-through agreement are different than the terms of these Terms of Use, the
terms of the click-through agreement will supplement or amend this these Terms
of Use, but only with respect to the matters governed by the “click-through
agreement.”
4.
Ownership of this Site and its Content
This Site, including all its Content are protected under applicable
intellectual property and other laws, including without limitation the laws of
the United States and other countries. All Content and intellectual property
rights therein are the property of Circle K or the material
is included with the permission of the rights owner and is protected pursuant
to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of
any right in such Content. You do not acquire ownership rights to any such
Content viewed through this Site. Except as otherwise provided herein, none of
this Content may be used, copied, reproduced, distributed, republished,
downloaded, modified, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without our express prior
written permission.
Permission is hereby granted to the extent necessary to lawfully access and
use this Site and to display, download, or print portions of this Site on a
temporary basis and for your personal, educational, noncommercial use only,
provided that you (i) do not modify the Content; (ii)
you retain any and all copyright and other proprietary notices contained in the
Content; and (iii) you do not copy or post the Content on any network computer
or broadcast the Content in any media.
5. License
The Circle K Site and the Content provided through it are property of
Circle K or Circle K’s licensors, and we grant you a limited, non-exclusive,
revocable license to make personal, non-commercial use of the Site (the
“License”). This License shall remain in effect for a period of 20 years unless
terminated by you or Circle K.
All Circle K trademarks (whether registered or not), product names, company
names, logos, service marks trade dress and/or domain names, and any other
features of the Circle K brand (the “Circle K Marks”) are the sole property of
Circle K. All other trademarks, product names, company names, logos, service
marks, trade dress and/or domain names mentioned, displayed, cited
or otherwise indicated within this Site are the property of their respective
owners. You are not authorized to display or use the Circle K Marks in any
manner without our prior written permission. You are not authorized to display
or use trademarks, product names, company names, logos, service marks, trade
dress and/or domain names of other owners featured within this Site without the
prior written permission of such owners. The use or misuse of the Circle K
Marks or other trademarks, product names, company names, logos, service marks,
trade dress and/or domain names or any other materials contained herein, except
as permitted herein, is expressly prohibited.
6. Your
Feedback
The Feedback you provide to us through this Site will be and remain our
exclusive property. Your submission of Feedback will constitute an assignment
to us of all worldwide rights, title and interests in
your Feedback, including all copyrights and other intellectual property rights
in your Feedback. We will be entitled to reduce to practice, exploit, make,
use, copy, disclose, display or perform publicly,
distribute, improve and modify any Feedback you submit for any purpose
whatsoever, without restriction and without compensating you in any way. For
this reason, we ask that you not send us any Feedback that you do not wish to
assign to us.
7. Your
Obligations
In consideration of your use of this Site, you agree that to the extent you
provide personal information to Circle K, it will be true, accurate, current,
and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and
agree that any account you create, including your username and, if applicable,
password, are personal to you and may not be used by anyone else. You are
responsible for maintaining the confidentiality of your username and, if
applicable, password and are fully responsible for all activities that occur
under your username and, if applicable, password by you or by anyone else using
your username and, if applicable, password, whether or not
authorized by you. If your account has a password, you agree to change your
password immediately if you believe your password may have been compromised or
used without authorization. You also agree to immediately inform us of any
apparent breaches of security such as loss, theft or unauthorized disclosure or
use of your username or password, if applicable, by contacting us using the
information provided below. Until we are so notified you will remain liable for
any unauthorized use of your account.
You agree to use this Site in a manner consistent with any
and all applicable rules and regulations. You agree not to upload or
transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt
or disrupt the normal operating procedures of a computer. Any unauthorized
modification, tampering or change of any information, or any interference with
the availability of or access to this Site is strictly prohibited. We reserve
all rights and remedies available to us.
8.
Subscription Service
Circle K offers a dispensed beverage subscription service where we provide
a daily dispensed beverage for a specified period (a “Subscription”), and we
may offer add-on or one-time products for sale. Our product offerings and
available Subscription plans are described on our Site, as applicable, at the
time of purchase, and are subject to change at any time prior to purchase.
9. Trial
Subscriptions
From time to time, we may offer trials of the Subscription for a specified
period without payment (a “Trial”). Circle K reserves the right, in its
absolute discretion, to determine your eligibility for a Trial, and to withdraw
or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the
Trial. At the end of such Trials, we may automatically start to charge you for
the Subscription on the first day following the end of the Trial, on a
recurring monthly basis. By providing your payment details in conjunction with
the Trial, you agree to this charge. If you do not want this charge, you must
cancel your Trial through your Circle K account’s settings before the end of
the Trial.
10.
Automatic Renewal of Subscription
WHEN YOU PURCHASE A MONTHLY SUBSCRIPTION ONLINE, YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT (A) CIRCLE K (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS
AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR THE PRICE OF YOUR CHOSEN
SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH
DURING THE PURCHASE PROCESS) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND
(B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR
TERMINATE THE SUBSCRIPTION. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE
DESCRIBED BELOW. THE INITIAL MONTHLY RECURRING CHARGES FOR YOUR SUBSCRIPTION
WILL BE SET FORTH DURING THE PURCHASE PROCESS. THE AMOUNT YOU ARE CHARGED MAY
VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND WE MAY ADJUST SUCH RECURRING
CHARGES FROM TIME TO TIME. AUTOMATIC RENEWAL IS NOT AN OPTION IF YOU
PURCHASE A MONTHLY SUBSCRIPTION AT STORE CHECKOUT ON THE LIFT APPLICATION.
11.
Cancellation Policy
IF YOU PURCHASED A MONTHLY SUBSCRIPTION ONLINE, YOU MAY CANCEL YOUR MONTHLY
SUBSCRIPTION AT ANY TIME PRIOR TO THE ORDER INVOICE DATE BY EMAILING reply@circlekeasy.com. IF CANCELLATION OCCURS AFTER THE INVOICE DATE THE CANCELLATION REQUEST
WILL BE PROCESSED FOR THE NEXT SCHEDULED INVOICE. YOU ARE RESPONSIBLE FOR ALL
CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH
RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MONTHLY
SUBSCRIPTION.
12. Gifts
You may have the ability from time to time to purchase Subscriptions for
other people through the Services (“Gifts”). Gifts are not refundable or
redeemable for cash, unless required by applicable law. Gifts must be redeemed
for purchases through the Services in accordance with our then-current
procedures for redemption, which may require the recipient to create their own
account and agree to these Terms in order to redeem
the Gift. GIFTS THAT ARE MONTHLY SUBSCRIPTIONS ARE SUBJECT TO THE AUTO RENEWAL
TERMS IN SECTION 10 AND THE CANCELLATION POLICY IN SECTION 11.
13. Payment
and Billing Information
By providing a credit card or other payment method that we accept, you
represent and warrant that you are authorized to use the designated payment
method and that you authorize us (or our third party payment processor) to
charge your payment method for all charges you incur for the purchase of any
Subscriptions or other products (including any applicable taxes and other
charges) (each such purchase, an “Order”). You are responsible for, and agree
to pay, all such charges. If we or our third party payment processor cannot
obtain authorization for charges to your payment method or if any amounts you
authorize us to charge to your payment method are reversed or charged back for
any reason, we may, at our option, in addition to any other remedies: cancel or
suspend any undelivered portion of your Orders, make second and/or subsequent
attempts to charge your payment method, and/or use any other lawful means to
collect payment on any outstanding amounts due to us. You will remain responsible
to pay all applicable charges for all Orders. You agree to provide and keep
current a valid payment method. However, your failure to do so shall not
constitute cancellation of any Order. In the event you want to change or update
payment information associated with your Subscription, please contact us
at reply@circlekeasy.com. All prices shown for the Subscription are in U.S. dollars. Any applicable
taxes and other charges, if any, are additional. We reserve the right to change
our Subscription and other product offerings, and to adjust prices as we may
determine in our sole discretion, at any time and without notice; provided,
however, that if we change the amounts or other charges associated with your
then-current Subscription, we will provide advance notice of such changes. We
will not, however, be able to notify you of changes in any applicable taxes
prior to such changes becoming effective. The shipment of products to you after
our delivery of such notice will confirm your acceptance of such changes,
unless you cancel your Subscription in accordance with the cancellation policy
set forth in Sections 11.
14.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS
CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE.
THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE”
BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, CIRCLE K, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND
LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE
OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS
OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, CIRCLE K, ITS AFFILIATES, AND THEIR SERVICE
PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
(B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS
ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT
INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY
TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL
COMPONENTS (INCLUDING VIRUSES).
CIRCLE K DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND
OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED CIRCLE K SPOKESPERSONS. WE DO NOT
MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION,
MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER
DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES
AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
15.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE
PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF
WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY
DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES; LOSS OF EMPLOYMENT; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS;
LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD
PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING
SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED
PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED
TEN DOLLARS ($10.00).
Some jurisdictions do not allow certain kinds of limitations or exclusions
of liability, so the limitations and exclusions set out in these Terms of Use
may not apply to you. Other jurisdictions allow limitations and exclusions
subject to certain conditions. In such a case the limitations and exclusions
set out in these Terms of Use shall apply to the fullest extent permitted by
the laws of such applicable jurisdictions.
16. Links
to Third-Party Websites
This Site may provide links to other websites operated by third parties.
Because we have no control over third-party websites, we are not responsible
for the availability of those websites and do not endorse and are not
responsible or liable for any content, advertising, services, products, or
other materials on or available from such websites. Circle K shall not be
responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use
of or reliance on any content, advertising, services, products, or other
materials on or available from such websites. These Terms of Use do not apply
to your use of third-party websites; your use of such websites is subject to
the terms and policies of the owner of such websites.
17. TEXT
MESSAGING PROGRAM
BY PROVIDING YOUR MOBILE PHONE NUMBER AND GIVING YOUR CONSENT, YOU AGREE TO
RECEIVE MARKETING TEXT MESSAGES VIA AUTOMATED TECHNOLOGY AND TO BE BOUND BY
THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
DO NOT GIVE YOUR CONSENT TO RECEIVE MESSAGES OR FOLLOW THE INSTRUCTIONS BELOW
TO STOP THE MESSAGES.
These Terms and Conditions apply to your receipt of marketing text or
mobile messages via automated technology (the “Service”), including via
automatic telephone dialing systems, from Circle K, its affiliates
and agents (collectively "Circle K"). You may receive SMS other text
or marketing messages from Circle K. You understand that your consent to
receive messages is not a condition of purchasing any property, goods or services. By consenting to receive messages, you
are confirming you are at least 13 years of age. The Service is not targeted
towards, nor intended for use by, anyone under the age of 13.
To stop receiving messages from Circle K, text “STOP” to 253279, or reply
“STOP” to a text mobile message received from Circle K. To stop receiving
marketing text messages from Circle K, text “STOP” to 253279, or reply “STOP”
to a text mobile message received from Circle K. Following any request to stop
receiving messages, you will receive one final message from Circle K confirming
that you have been inactivated from the Service. For help or more
information, you may call 1-855-276-1947 or email reply@circlekeasy.com. Message and data rates may apply from your mobile carrier, and by
consenting to the Service you approve any such charges from your mobile
carrier. Circle K does not charge you for the Services. Mobile carrier charges
for messages may appear on your mobile phone bill or be deducted from your
prepaid balance. Carriers are not liable for any delayed or undelivered
messages.
Participating carriers may vary. You may not receive the Service if you use
a carrier that does not participate.
Messages may be subject to certain time lags and/or delays. Circle K
reserves the right to modify or terminate the Service, in whole or in part, at
any time without notice to you. Circle K’s reserves the right to change or
modify these Terms and Conditions. Any changes or modifications will be
effective immediately upon posting the revisions here, and you may not receive
specific notice of such changes or modifications. Your consent to the Service
confirms your acceptance of any such changes or modifications; therefore, you
should review these Terms and Conditions and any changes or modifications
frequently to understand the terms and conditions that apply to the Service. If
you do not agree to any changes or modifications to the Terms and Conditions,
you must text “STOP” to 253279.
18.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit,
delete, suspend or discontinue, temporarily or
permanently this Site (or any portion thereof) and/or the information,
materials, products and/or services available through this Site (or any part
thereof) with or without notice. You agree that we shall not be liable to you
or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
19. Waiver
Our failure at any time to require performance of any provision of these
Terms of Use or to exercise any right provided for herein will not be deemed a
waiver of such provision or such right. All waivers must be in writing. Unless
the written waiver contains an express statement to the contrary, no waiver by Circle
K of any breach of any provision of these Terms of Use or of any right provided
for herein will be construed as a waiver of any continuing or succeeding breach
of such provision, a waiver of the provision itself, or a waiver of any right
under these Terms of Use.
20.
Severability
If any provision of these Terms of Use is held by a court of competent
jurisdiction to be contrary to law, such provision will be changed and
interpreted so as to best accomplish the objectives of
the original provision to the fullest extent allowed by law and the remaining
provisions of these Terms of Use will remain in full force and effect.
21.
Governing Law, Jurisdiction and Venue
These Terms of Use will be governed under the laws of the State of Arizona
without regard to its conflicts of law provisions. All actions or proceedings
arising out of or relating to these Terms of Use will be venued
exclusively in state or federal court in the City of Tempe and County of
Maricopa, Arizona. You hereby irrevocably consent and submit to the personal
jurisdiction of said courts for all such purposes. However, we retain the right
to bring legal proceedings in any jurisdiction where we believe that
infringement of these Terms of Use is taking place or originating.
22.
Indemnity
You agree to indemnify and hold Circle K, its subsidiaries, franchises and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your use of
this Site in violation of these Terms of Use and/or arising from a breach of
these Terms of Use and/or any breach of your representations and warranties set
forth above and/or if any material that you post using this Site causes us to
be liable to another. We reserve the right to defend any such claim, and you
agree to provide us with such reasonable cooperation and information as we may
request.
23. These
Terms of Use May Change
These Terms of Use are current as of the effective date set forth above.
Circle K reserves the right to change these Terms of Use from time to time
consistent with applicable laws and principles. These changes will be effective
as of the date we post the revised version on this Site. Your continued use of
this Site after we have posted the revised Terms of Use constitutes your
agreement to be bound by the revised Terms of Use. If at any time you choose
not to accept these Terms of Use, you should not use this Site.
24. Entire
Agreement
These Terms of Use (together with our Privacy Policy and any Privacy
Notices or click-through agreements applicable to you) contain the entire
understanding and agreement between you and Circle K with respect to this Site
and supersede all previous communications, negotiations, and agreements,
whether oral, written, or electronic, between you and Circle K with respect to
this Site and your use of this Site.
25.
Definitions
The term “Content” refers to all of the software
and code comprising or used to operate this Site, and all of the text,
photographs, images, illustrations, graphics, sound recordings, video and
audio-video clips, and other materials available on this Site, including
Feedback.
The terms “Circle K,” “we,” “us,” and “our” refer to Circle K Stores, Inc.
The term “Feedback” refers to all of the text,
photographs, images, illustrations, graphics, sounds, video and audio-video
clips, and other content you post on or through this Site that is specifically
about how we can improve this Site and the products and services we make
available through this Site.
The term “including” means “including, but not limited to.”
The term “Site” refers to any platform owned by Circle K on which these
Terms of Use are posted, including our website at https://www.circlek.com/sip-and-save.
26.
Questions
If you have any questions about this Site or these Terms of Use, please
contact us using the following information:
reply@circlekeasy.com 1-855-276-1947
COPYRIGHT © 2021 CIRCLE K STORES INC. AND ALIMENTATION COUCHE-TARD.