Privacy, Terms & Conditions

Welcome to the website of The Second Cup Ltd.

TERMS & CONDITIONS

Last Updated: July 12, 2017

Your use of our website and all content and services available thereon are offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website, or of any content or services presented in any area of this website, indicates your acknowledgment and agreement (and that of your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) to these Terms of Use, our Privacy Policy and other any notices posted on this website. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.

We suggest you print a copy of each of these documents for your records.

We shall have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective and binding on you immediately following the posting of such changes on our, website. Your continued access to and/or use of this website after any such changes constitutes your (and your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) acceptance of, and agreement to be legally bound by, these Terms of Use, as revised. You agree to review these Terms of Use from time to time.

Your Use of Our Website

Use of our website is provided to you solely for your own personal use and not for purposes of resale, distribution, public display or performance or other similar uses by you, except as may be expressly permitted by Second Cup as reflected on the website. Unless otherwise indicated on our website, you may display, download, reformat and print a single copy of any information on our website for such personal use. Access to and the right to use our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.

Without limitation, you hereby agree that you shall not use the website to:

  1. disrupt, place unreasonable burdens or excessive loads on, test, interfere with or attempt to gain unauthorized access to any portion of the website or any Second Cup system;
  2. collect information about others without their consent; and/or
  3. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the website or of any Second Cup systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the website.

Disclaimer and Limitation of Liability

On our website, we endeavor to provide accurate and timely information, including information concerning pricing, promotions and menu items, all of which is complex and subject to change. Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

To the extent permitted by the applicable law, the performance of our website and all content or services accessed from or available thereon are provided to you on an “as is” basis, without representations, warranties or conditions of any kind, including any implied warranties or conditions, or warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. We make no representations or warranties to you, whether expressed or implied, that our website and any content or services accessed from or available thereon will be uninterrupted, error free, or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our website.

We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website or any content contained thereon, without liability or notice to you.

Any products and/or services described on this website are offered in jurisdictions where they may be legally offered for sale. The information on this website is not an offer or solicitation to anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk. To the extent permitted by the applicable law, in no event shall we be liable for any direct, indirect, consequential, special or exemplary damages arising from the use or the performance of this website, even if we have been advised of the possibility of such damages . You expressly acknowledge that we have entered into this agreement with you (or, with your parent/legal guardian on your behalf if you are under the age of majority in your jurisdiction of residence) and make the website available to you, in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you (or, your parent/legal guardian on your behalf if you are under the age of majority in your jurisdiction of residence) and Second Cup. You (and your parent/legal guardian on your behalf if you are under the age of majority in your jurisdiction of residence) expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of this agreement.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including the exchange of e-mail with us (including those which may contain your personal information). While we endeavour to safeguard the privacy of any personal information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Generated Content and Code of Conduct

Certain features and/or portions of this website may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You hereby agree that you shall not use the website to upload, post, communicate or otherwise submit or transmit through, or to, the website any User Content that:

  1. may, in the sole and absolute discretion of Second Cup, degrade, tarnish or deprecate Second Cup and/or the public image or standing in the community of Second Cup;
  2. is deemed, in the sole and absolute discretion of Second Cup, to be defamatory, trade libelous, pornographic or obscene;
  3. is deemed, in the sole and absolute discretion of Second Cup, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Second Cup; any identifiable third party products, trade-marks, brands and/or logos, other than those of Second Cup; conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Second Cup in its sole and absolute discretion;
  4. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
  5. is in any way disparaging, or might be seen to be disparaging, to Second Cup;
  6. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  7. contains any viruses, trojan horses, time bombs, 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; or
  8. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.

Your License regarding your User Generated Content

By providing or posting any User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) are giving Second Cup permission to forever use any User Content you submit.

By providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby: (i) grant to Second Cup a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the website in favour of Second Cup. For greater certainty, this means that, among other things, Second Cup has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

Without limiting the generality of the foregoing, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby grant to each user of the website a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the website via any share functionality that may be available on the website.

You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) also hereby acknowledge, agree, warrant and represent to Second Cup that:

  1. you shall be responsible for all acts or transactions that occur under your user account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the website;
  2. Second Cup cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and
  3. Second Cup does not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the website.

Indemnification and Release by User

You agree (and your parent or legal guardian agrees on your behalf, if you are under the age of majority in your jurisdiction of residence) to indemnify, release, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

Second Cup, The Second Cup Ltd. logo and other identifying marks of The Second Cup Ltd. are and shall remain the trade-marks and trade names and exclusive property of The Second Cup Ltd., and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website is the copyrighted property of The Second Cup Ltd. (or, in certain cases, other users of this website or third party content providers) and is protected by Canadian and international copyright law.

Information on this website may be used by you only for your personal use as provided for in these Terms of Use, or as may be expressly permitted by Second Cup as reflected on the website, but may not be taken out of context, presented in a misleading or discriminatory manner, or otherwise used without our consent. Your use of our website does not grant or transfer to you any ownership or other rights in any website content, and except as expressly provided, nothing herein or within the website shall be construed as conferring on you or any other person any license under any of our or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any website content in any manner whatsoever. Any rights not expressly granted to you are reserved by us.

Notice of Allegedly Infringing Content

While we are under no obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason. To provide notice of allegedly infringing materials on the website, please contact us at: secondcupcustomercare@secondcup.com

Termination

If you breach any provision of these Terms of Use or Privacy Policy you may no longer use the website. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Use or your permission to use the website is terminated by us for any reason, the agreement formed by your (or, your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and anything relating to or arising from such use. If you are dissatisfied with the website or with these Terms of Use or Privacy Policy, then your sole and exclusive remedy is to discontinue using the website. The Disclaimer and Limitation of Liability, Indemnity, and Proprietary Rights provisions in this agreement shall survive any termination of this Agreement.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

For residents outside of Quebec, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereof. The parties consent to the jurisdiction of the courts of, and venue and sites in, Toronto, Ontario. For residents of Quebec, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of laws provisions thereof. The parties consent to the jurisdiction of the courts of, and venue and sites in, Montreal, Quebec.

It is the express wish of the parties that these Terms of Use, the Privacy Policy and other notices on this website have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents légaux qui s’y rattachent soient rédigés en anglais.

This arbitration clause does not apply to consumers in Ontario and Quebec or where prohibited by law. To the extent permitted by the applicable law, and with the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties shall, at the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by The Second Cup, with such mediation to be held in the City of Toronto, in the Province of Ontario. In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. We may assign this Agreement to any affiliate or successor company of the Second Cup Limited without notice thereof to you.

Contact

If you have any questions, comments or concerns about our website or these Terms of Use, please contact our Web Administrator by email at secondcupcustomercare@secondcup.com or by regular mail at:

The Second Cup Ltd.
Customer Care
6303 Airport Road, 2nd Floor
Mississauga, Ontario
L4V 1R8

PRIVACY STATEMENT

The Second Cup Ltd ('Second Cup') recognizes your right to privacy and is strongly committed to protecting the privacy of all visitors to this website. The intent of this Privacy Policy is to detail our policies and procedures regarding the collection, use or disclosure of Personal Information by Second Cup. This Policy also lets you know what to do if you do not want your Personal Information collected when you visit our website and how you can change or delete information you have already provided us.

Your Consent

By providing your Personal Information to us, you consent to the collection, use and disclosure of your information by Second Cup in accordance with the terms of this Privacy Policy.

If we change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any changes to our Privacy Policy will be effective and binding on you immediately following the posting of such changes to this website. You agree to review our Privacy Policy from time to time and agree that any use by you of this website after changes to our Privacy Policy shall constitute your acceptance of all such changes.

This Privacy Policy was last modified on April 21, 2015.

Please also see our website's Terms of Use for other terms and conditions governing your use of our website, mobile applications, Second Cup Coffee Co. Rewards Program, and our products and services.

Definitions

"Cookies" means small files sent to your browser from a web server and stored in your computer.

"Information of a Non-Personal Nature" means any non-confidential, non-proprietary information derived from your connection to this website, such as your Internet browser, domain name and referrer link.

"Personal Information" means personally-identifiable information including, without limitation, your name, street address, telephone number, e-mail address, credit card information and food preferences.

Information of a Non-Personal Nature

As a general policy, with the exception of IP addresses, no Personal Information is automatically collected from visitors to the Second Cup website. Second Cup may gather and analyze IP addresses and certain Information of a Non-Personal Nature regarding website usage by visitors to the Second Cup website. Such data is used in an aggregate form to assist Second Cup in determining general usage patterns and to administer, diagnose problems with, and fine tune the layout of the Second Cup website. We may share non-personal, summary, or aggregate customer data with partners and other third parties at our discretion.

Cookies

Second Cup may use Cookies to store and sometimes track information about your use of our website. In addition to improving the general layout of the website, Cookies allow us to customize our website to each visitor's individual preferences. Although most web browsers automatically accept cookies, you can usually change your browser to prevent you from receiving Cookies or to notify you whenever you are sent a Cookie so that you may decide whether or not to accept it. If you decide not to accept a Cookie, you can still enjoy all of the features of our website; however the performance of some features of the website may be adversely affected.

Collection, Use and Disclosure of Personal Information

Certain Personal Information may be voluntarily and knowingly provided to us by visitors to the Second Cup website. When entering a contest, applying for employment or requesting franchise information, for example, we will ask you for your name, e-mail address, mailing address, telephone number, as well as certain other information.

Second Cup shall collect Personal Information of visitors to the Second Cup website and shall use all commercially reasonable efforts to protect your Personal Information. If you do not want us to have access to your Personal Information, please do not provide it to us. When you do provide your Personal Information, you are authorizing us to use it in accordance with the terms of the Privacy Policy, including your right to limit our use of the Personal Information (see "Who to Contact" below).

Second Cup may use Personal Information to contact you, to process and store the Personal Information so that we are able to better understand you and how we can improve our products and services, for editorial feedback or other purposes, such as to enter you into a contest, respond to a future on-line order or respond by e-mail to an inquiry that you posed on-line. If you choose to participate in our Second Cup Co. Rewards Program (“Program”), we collect, use, and disclose information relating to your eligible purchases for the purpose of awarding you Points and Rewards in accordance with the terms of the Program. Similarly, if you choose to use our mobile application, we may collect, use, and disclose information regarding your account balance and purchases for the purpose of operating the application, providing you with promotional material, and facilitating your mobile payments, and if applicable, participation in the Program. We may also use your personal information to carry out other purposes that are disclosed to you and to which you consent, or which are required or permitted by applicable law. We may also match your Personal Information that you provide to us on this website to information contained in our delivery database. Your Personal Information may also be used by Second Cup to contact you regarding other products or services, which may be of interest to you (including those that we may offer jointly with other companies).

We will not give, sell, rent, or loan any of your Personal Information to any third party (with the exception of third parties performing functions on our behalf who have an obligation to keep your information completely confidential or a third party who buys our business) unless you have authorized us to do so.

Second Cup reserves the right to access, use, and/or disclose Personal Information where required to comply with applicable laws or lawful government requests or, in Second Cup's reasonable opinion, to operate the Second Cup website properly and securely, or to protect Second Cup or visitors to this website. We reserve the right to transfer any Personal Information we have about you in the event that we merge with or are acquired by a third party. We may also disclose your Personal Information to third parties if we have reason to believe that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; or (iii) to protect our rights, safety or property. Lastly, we may disclose your Personal Information for any other purpose to which you consent.

How we Protect Personal Information

The security of your Personal Information is important to us. We protect your Personal Information by maintaining physical, organizational and technological safeguards (appropriate to the sensitivity of such Personal Information) and designed to protect against unauthorized use, disclosure or access. Personal Information may only be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above.

We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements. We have retention standards which meet these requirements. We destroy Personal Information when it is no longer needed for the purposes for which it was collected.

Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the Personal Information that are equivalent to those that apply in Canada.

Access and Rectification

You have a right to request access to your Personal Information and to request a correction to it if you believe it is inaccurate. If you have submitted Personal Information to us and would like to have access to it, or if you would like to have it removed or corrected, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain Personal Information in certain circumstances, for example if it contains Personal Information of other persons, or for legal reasons. In such cases, we will provide you with a reasonable explanation of why it is not possible to grant access to your Personal Information.

A Note to Parents

Second Cup is very sensitive to privacy issues and is committed to protecting the on-line privacy of children and helping make the Internet safe for our users. As a result, no Personal Information should be submitted to or posted on this site by children under the age of majority in their jurisdiction of residence without their parent's or guardian's permission. Except in the context of a teenager (ages 12 to 18) applying for employment with Second Cup, if a user younger than the age of majority in their jurisdiction of residence wishes to send us Personal Information, he or she must first give us his or her parent's or guardian's e-mail address so that we can obtain their permission. No Personal Information (other than information collected in an employment or a potential employment situation) will knowingly be accepted from a child under the age of majority in their jurisdiction of residence before this permission is obtained. Be assured that Second Cup will not condition a child's participation in any website activity on the child's disclosure of more Personal Information than is reasonably necessary to participate in that activity.

If your child has already provided us with Personal Information, you may ask to see this information for the purpose of correcting it, or ask us to delete this information from our records entirely (see "Who to Contact" below.)

Who to Contact

We welcome your feedback. If you have questions, comments or concerns about our Privacy Policy, or would like to do any of the following:

  • see Personal Information that you have already sent us so that you can correct or update it
  • once your child under 18 has sent us Personal Information, see that Personal Information so that you can correct or update it
  • once your child under 18 has sent us Personal Information, delete that Personal Information from our files
  • ask that we not send you mailings or otherwise contact you
  • report any violation of this Privacy Policy

Please contact our Privacy Policy Administrator by email at: secondcupcustomercare@secondcup.com or by regular mail at:

The Second Cup Ltd.
Customer Care
6303 Airport Road, 2nd Floor
Mississauga, Ontario
L4V 1R8

SECOND CUP ACCESSIBILITY POLICY AND MULTI-YEAR ACCESSIBILITY PLAN, 2014

This accessibility policy and plan outline the actions that The Second Cup Ltd. (the “Company”) has and will put in place to improve opportunities for people with disabilities, and will be implemented in accordance with the time frames set out in the Integrated Accessibility Standards under the Accessibility for Ontarians with Disabilities Act (“AODA”). In addition to this policy and plan, the Company also has a separate policy regarding accessible customer service.

Statement of Commitment

Second Cup is committed to treating all people in a way that allows them to maintain their dignity and independence. We believe in integration and equal opportunity. We are committed to meeting the needs of people with disabilities in a timely manner, and will do so by preventing and removing barriers to accessibility and meeting accessibility requirements under the AODA and the Integrated Accessibility Standards.

1. Emergency Information and Procedures

We are committed to providing customers and clients with publicly available emergency information in an accessible way upon request. We will also provide individualized workplace emergency response information to employees with disabilities if we are made aware of the need for accommodation.

2.Training

We will provide training to employees and other staff members who provide goods, services or facilities on behalf of Second cup, on the requirements set out in the Integrated Accessibility Standards and on the Ontario Human Rights Code as it relates to people with disabilities, by January 1, 2015.

Individuals in the following positions will be trained: (a) all employees; (b) all persons who participate in developing the organization’s policies; and (c) all other persons who provide goods, services or facilities on behalf of the organization.

Training will be provided in a way that best suits the duties of the applicable staff, within one month after staff commence their duties or as soon as practicable, and on an ongoing basis when changes are made to policies pursuant to the Integrated Accessibility Standards. A record of this training will be kept, including the dates on which training is provided and the number of individuals to whom it is provided.

3. Kiosks

The Company will ensure that employees consider the needs of people with disabilities when designing, procuring or acquiring self-service kiosks.

4. Feedback Processes

The Company will take reasonable steps to ensure that its existing feedback processes are accessible to people with disabilities upon request.  

5. Accessible Formats

The Company is committed to meeting the communication needs of people with disabilities.

We will take reasonable steps to ensure that all publicly available information controlled by the Company is provided in an accessible way upon request.  The Company will also consult with the person making the request to determine his or her information and communication needs. The Company will notify the public about the availability of accessible formats and communication supports by January 1, 2016.

6. Websites

The Company will take reasonable steps to ensure that all new websites controlled by the Company, and content on those sites published after January 1, 2012, conform with WCAG 2.0, Level A, except where meeting the requirement is not practicable.

We will also take reasonable steps to ensure that all websites controlled by the Company, and content on those sites published after January 1, 2012 (other than live captions and pre-recorded audio descriptions), conform with WCAG 2.0, Level AA by January 1, 2021, except where meeting the requirement is not practicable.  

7. Employment

The Company is committed to fair and accessible employment practices.

We will take reasonable steps to implement the following actions by January 1, 2016:

  • The Company will notify the public and staff that, when requested, it will accommodate people with disabilities during the recruitment and assessment processes and when people are hired;
  • The Company will develop and put in place a process for developing individual accommodation plans for employees with disabilities;
  • The Company will develop and put in place a return to work process for employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work; and
  • The Company will ensure the accessibility needs of employees with disabilities are taken into account if using the Performance Planning worksheet or development process
  • The Company will also take reasonable steps to prevent and remove other accessibility barriers that are identified.

8. Design of Public Spaces 

The Company will meet the Design of Public Spaces Standards when building or making major modifications to public spaces by January 1, 2017, including:

  • Outdoor public use eating areas like rest stops or picnic areas;
  • Exterior paths of travel and related elements, like sidewalks, ramps, and stairs;
  • Service-related elements, such as service counters, fixed queuing lines and waiting areas.

We will also put reasonable procedures in place to prevent service disruptions to accessible parts of these public spaces and to deal with temporary disruptions when accessible elements required under these Standards are not in working order.

In the event of a service disruption, the Company will notify the public of the service disruption and alternatives available.

9. Contact Information

For more information about this accessibility policy and plan, please contact:  

Chris Sonnen, (905) 362-1818

Email: csonnen@secondcup.com

 

Staff members are welcome to contact HR@SecondCup if they have any questions or would like to make a request under this accessibility policy and plan.

Accessible formats of this document are also available for free upon request.

TERMS & CONDITIONS

Last updated on April 22, 2017

Second Cup Coffee Co. Rewards Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS PROMOTIONAL PROGRAM OR A PERKS CARD, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

1. Program Overview

The Second Cup Coffee Co. Rewards ("Rewards Program") is our way of saying thanks to you, our customers, for being loyal Second Cup patrons. The Rewards Program is a loyalty program which is operated by The Second Cup Ltd. or its subsidiaries and affiliated companies (collectively, "Second Cup") and is open only to legal residents of Canada. The Rewards Program allows participants who register in accordance with these Terms of Use ("Terms") to present their Rewards Card to collect Points, which may be used in accordance with these Terms towards free rewards at participating Second Cup locations. A full listing of participating cafés can be found by visiting secondcup.com and viewing our Find a Café section (collectively, "Participating Locations").

The Rewards Program may change as provided in rule 8 of these Terms.

These Terms apply to your access to, and participation in, the Rewards Program. Your participation in the Rewards Program and/or your use of a Rewards Card confirms your acceptance of these Terms and any changes or modifications, as provided for below; therefore, you should review these Terms and applicable policies frequently to understand the terms and conditions that apply to the Rewards Program. If you do not agree to the Terms, you must stop participating in the Rewards Program.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Second Cup for products, services or otherwise. For greater certainty, you may also use your Perks Card as a "Gift Card", which you may load with cash to use toward future purchases at Participating Locations. The use of the Rewards Card as a Gift Card is separate from the use of the Rewards Card to participate in the Rewards Program, and is governed by the Second Cup Gift Card terms of use. You may view the Second Cup Gift Card terms of use here.

Please read our Privacy Policy here carefully to understand how Second Cup collects, uses and discloses information about customers.

2. Eligibility for the Rewards Program

  1. Membership in the Rewards Program is limited to individuals only, who are legal residents of Canada. No corporation, trust, partnership or other entity may hold membership in the Rewards Program. The Rewards Program is offered for personal use only, and is not for commercial or other business use.
  2. You must have reached the age of thirteen (13) to participate in the Rewards Program. If you are between the ages of 13 and the age of majority in your province/territory of residence, you must have the permission of your parent/legal guardian to participate in the Rewards Program.
  3. Registered participants may only earn Points and redeem Rewards (as defined below) when they present their Rewards Card at a Participating Location, all as set forth in these Terms.
  4. A Rewards Program member must enroll individually, using his/her full legal name to open a Rewards Program account ("Account").
  5. You may associate more than one Rewards Card with your Account. If you choose to associate a second Rewards Card to your Account, its value is transferred to the Account of the first Rewards Card you had registered, and the second Rewards Card becomes inactive. If you have lost your balance protection registered Rewards Card and need assistance, please contact us at 1-877-212-1818. Only the registered, active Rewards Card will earn Points, except as may be permitted by Second Cup in its sole and absolute discretion.
  6. There is a limit of one (1) Account per eligible individual/email address. Membership is solely for the benefit of the individual who opened the Account, and all Accounts must be maintained in the name of the individual who first opened them.
  7. When you enroll in the Rewards Program you agree to receive the information and notifications regarding your participation in the Rewards Program from Second Cup. You may also choose to receive other communications from Second Cup, including our newsletter, and/or special offers about the Rewards Program, and its rewards and services.

3. Registering for the Rewards Program

To sign-up for the Rewards Program, and begin earning Rewards Program points ("Points") simply visit a Participating Location and ask for a Rewards Card, or directly create your Account ("Registration") by visiting secondcup.com/rewards. If you use our mobile Program and payment application, you may also complete your Registration, keep track of your Points and Rewards, monitor and add to your Account balance, and make mobile payments using the mobile application in accordance with our Terms. Before you may earn Points on a Rewards Card, as provided in rule 4 of these Terms, you must register your Rewards Card and create an Account.

The registration process may require that you use the registration form to provide information such as: Rewards Card Number, First Name, Last Name, Email Address, Password and Marketing Preferences.

You must advise us immediately of any changes to the information you supply to register in the Rewards Program or in the event you lose your Rewards Card by visiting secondcup.com/rewards. Second Cup will not be liable for any misdirected email or other communications, including any notices under these Terms, or for any consequences thereof, if your Account information is inaccurate or no longer valid. You are responsible for ensuring that you can receive messages or notifications from Second Cup at the contact information you provide. If we believe that some of our records are inaccurate, we may contact you to verify our records. We reserve the right to cancel any Account for which we determine we have incomplete or inaccurate information and in such a case any Points or Rewards (defined below) associated with such Account and the Rewards Cards associated with it may be forfeited. The submission of false or fictitious information may result in all Points or Rewards associated with such Account and the Rewards Cards associated with it being forfeited.

All Rewards Program registrations are subject to verification at any time and for any reason. Second Cup reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Second Cup – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in the Rewards Program; and/or (ii) for any other reason Second Cup deems necessary, in its sole and absolute discretion, for the purposes of administering the Rewards Program in accordance with these Terms. Failure to provide such proof to the satisfaction of Second Cup in a timely manner may result in the cancellation of your Account and in such a case any Points or Rewards (defined below) associated with such Account and the Rewards Cards associated with it may be forfeited.

4. Earning Points

Rewards Program benefits are determined based on the amount of money you spend on eligible purchases at Participating Locations. All purchases at Participating Locations are "Eligible Purchases" with the exception of promotional purchases that Second Cup indicates are not eligible for participation in the Rewards Program, and the purchase of or loading of Gift Cards. For greater certainty, an Eligible Purchase for which you pay using a Gift Card does earn Points.

You must present your Rewards Card at the time you pay for your Eligible Purchase to earn Points. No Points will be rewarded if you present your Rewards Card after your purchase is completed.

For each pre-tax dollar, rounded to the nearest $0.10, you spend at a participating Second Cup you’ll earn 10 Points. For example:

  • If you spend $4.60 you’ll earn 46 Points.
  • If your spend includes a cent interval between $0.01 - and $0.04 the calculation of your Point total will round down to the nearest $0.10 increment. For example, if you spend $4.63 you’ll earn 46 Points.
  • If your spend includes a cent interval between $0.05 - and $0.09 the calculation of your Point total will round up to the nearest $0.10 increment. For example, if you spend $4.67 you’ll earn 47 Points.

At any point during the Rewards Program, Second Cup may issue special promotions that alter the rate at which Points are earned, such as Point Multipliers, Bonus Points, or other promotional offers on certain products, services, days, or portions of any day. Second Cup may make such promotional offers to all Rewards Program participants, or any subset of them, in its sole and absolute discretion. We may communicate issuance of these promotional offers via secondcup.com/rewards, the Second Cup Mobile App, and/or other means available to Second Cup. These Terms shall apply to such offers, along with any additional terms and conditions that accompany the offer, unless you are notified otherwise.

You can view your accumulated Point balance at any time by visiting secondcup.com/rewards and logging in to your Account using your Registration information. Additionally you may ask the sales associate when presenting your Rewards Card at a Participating Location for your balance, or for a Rewards Program transaction receipt.

Your Account and the Point balance on any Rewards Cards associated with it will only remain active for a period of one (1) year or more following the last use of a Rewards Card associated with your Account. To retain your Account in active status, or to reactivate an inactive Rewards Card, you must present your Rewards Card at the time of an Eligible Purchase at a Participating Location, use a Gift Card balance on your Rewards Card to make a purchase at a Participating Location, or redeem an earned Reward using your Rewards Card at least once in any year as measured from the last use of your Rewards Card. If your Account becomes inactive, any Points balance you had accumulated on Rewards Cards associated with the Account will remain and will not be forfeited or expire, unless as permitted by applicable law, this agreement, or the Rewards Program, is terminated in accordance with the terms hereof. For greater certainty, whether your Account is maintained in active status does not impact any Gift Card balance you have on a Rewards Card.

Gift Card balances do not expire.

In the event you return all or any part of an Eligible Purchase (as permitted under the then current Second Cup return policy) for which you earned Points, the Points earned in respect of such return shall be deducted from the Rewards Card used to make the returned purchase. This may cause the Point balance on your Rewards Card to become negative.

Points are for promotional purposes only and have no cash value.

All decisions of Second Cup with respect to Points (including, without limitation, the accuracy of a participant’s Point total and/or the validity of any Points) are final and binding on all participants without right of appeal. Points have no cash value and are not exchangeable for cash. Points have no value outside of this Rewards Program. Points cannot be sold. Points cannot be assigned, transferred, exchanged, traded, bartered, purchased, bequeathed, given by gift except as may be permitted by Second Cup in its sole and absolute discretion. Any Points acquired in violation of these Terms are void. The accumulation of Points does not entitle the participant to any vested rights, and Second Cup does not guarantee in any way the continued availability of any reward or any other benefit.

All Points are subject to verification at any time for any reason. Second Cup reserves the right, in its sole and absolute discretion, to invalidate any Points it deems to have been awarded in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of these Terms, as interpreted by Second Cup in its sole and absolute discretion. Any Points that cannot be verified to the complete satisfaction of Second Cup are subject to disqualification. Second Cup will not be liable for the failure of any Points to be captured or recorded for any reason.

As may be permitted under the applicable law, Points are reduced to zero (0) upon closure of an Account (regardless of the reason for Account closure). Upon the death or a participant, the associated Account will be closed and any Points in the Account will be forfeited. Points are reduced to zero (0) upon the termination of the Rewards Program. We may terminate your Account, this agreement with you, and reduce your Points to zero (0), if your Account becomes and remains inactive for a period of one (1) year or more, or any longer period specified by applicable law. If due to printing, production, online, internet, computer or other error of any kind, more Points are claimed or credited to a Rewards Card or Account than intended to be distributed according to these Terms (including without limitation any Bonus offer terms), then, in addition to having the right to terminate the Rewards Program immediately, Second Cup reserves the right, in its sole and absolute discretion, to rescind invalid Points claims, or to deduct such invalid Points from the applicable Rewards Card(s).

5. Redeeming Points

Participating Rewards Program members may redeem their accumulated Points in accordance with this section:

  1. When you reach 500 Points on a Rewards Card, you are eligible to receive a Free Beverage Reward ("Free Beverage Reward") from a Participating Location. A Free Beverage Reward consists of any beverage at a Participating Location, of any standard size, made using the standard recipe, with modifiers.
  2. When you reach a total of 1,000 Points on a Rewards Card, you are eligible to receive one (1) pre-packaged bag of whole bean coffee, up to 340 g size, from a Participating Location (“Free Whole Beans Reward”).
  3. Free Beverage Rewards and Free Whole Beans Rewards are collectively “Rewards”. When you redeem a Reward, the Points balance on your Rewards Card will be reduced by the number of Points required to obtain the applicable Reward.
  4. Any Points in excess of the amount redeemed for the Reward will remain on your Rewards Card and can be applied to subsequent transactions. For example, if you have 507 Points on your Rewards Card, and redeem a Free Beverage Reward, the transaction results in 500 Points being redeemed for the Free Beverage Reward and 7 Points will remain on your Rewards Card.
  5. To redeem a Reward, present your Rewards Card to the sales associate at the time of purchase, and inform the sales associate that you’d like to use your Reward.
  6. A Free Beverage Reward is not applicable on multi-serving portions, (coffee travelers, etc.).
  7. Additional personalized or special redemption offers or incentives may be distributed via email, promoted in-café, or made available via secondcup.com/reward sthat may add additional manners in which you may redeem Points. These Terms shall apply to such offers and incentives, along with any additional terms and conditions that accompany the offer, unless you are notified otherwise. To receive such redemption offers and incentives via email, you must be opted in for email communications from Second Cup.

6. Privacy

Second Cup is committed to protecting your privacy. In connection with the Rewards Program, we collect and may use your personal information for the following purposes:

  1. To set-up, and administer the Rewards Program including the ongoing management of Rewards Accounts, and to accurately record Points and up-to-date Point balances;
  2. To process Point redemptions and issue Rewards, or other redemption offers pursuant to a special incentive offer;
  3. To allow members to participate in promotions and contests that we may offer from time to time;
  4. To communicate with members, including the delivery of the Second Cup e-Newsletter, for those that have consented to receive it;
  5. To understand member needs and preferences, and to help provide members with products and services that better meet your needs or interests;
  6. To recommend our products and services that may be of interest to members;
  7. To personalize Point redemption offers based on your Eligible Purchases, including the items purchased, locations and times of your purchases; and
  8. For other purposes in accordance with our privacy policy, which you can find here.

Second Cup will obtain your consent before using your personal information for a purpose that has not been specified, unless the new purpose is required by law. Member information is considered a Second Cup asset. If our business is transferred to a new owner, member personal information may be transferred to and considered an asset of the new owner.

7. Rewards Program Changes

For residents of Canada outside Quebec. Second Cup reserves the right to restrict, suspend or otherwise change any aspect of the Rewards Program. We may modify in whole or in part these Terms at any time. In particular, but without limiting the generality of the forgoing, we may modify:

  • The eligibility conditions for participating in the Rewards Program,
  • The manner in which an eligible participant participates in the Rewards Program,
  • The manner and rate at which Points are earned,
  • The manner and rate at which Points are redeemed

In the event these terms and conditions, or any aspect of the Rewards Program is restricted, suspended or changed, we will provide you advance notice by posting the amended terms and conditions on the Rewards Program website at secondcup.com/rewards, and by sending you notice using your email and/or mailing address. Your continued participation in the Rewards Program following such notice will constitute your express consent to any amendments to these terms and conditions, or any other aspect of the Rewards Program. Should you not agree to such an amendment, you may cancel your participation in the Rewards Program without cost, penalty or cancellation indemnity.

These Terms and Conditions are governed by the laws of Ontario and the federal laws applicable in Ontario.

For residents of Quebec. Second Cup reserves the right to restrict, suspend or otherwise change any aspect of the Rewards Program. We may modify in whole or in part these Terms at any time. In particular, but without limiting the generality of the forgoing, we may modify:

  • The eligibility conditions for participating in the Rewards Program,
  • The manner in which an eligible participant participates in the Rewards Program,
  • The manner and rate at which Points are earned,
  • The manner and rate at which Points are redeemed

In the event these terms and conditions, or any aspect of the Rewards Program is restricted, suspended or changed, we will provide you advance notice at least 30 days before the amendment comes into effect by posting the amended terms and conditions on the Rewards Program website at secondcup.com/rewards, and by sending you notice using your email and/or mailing address and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. Your continued participation in the Rewards Program following such notice will constitute your express consent to any amendments to these terms and conditions, or any other aspect of the Rewards Program. If the amendment entails an increase in your obligations or a reduction in our obligations, or if you should not agree to the amendment, you may refuse the amendment and rescind, or cancel your participation in the Rewards Program without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, at the address or email address indicated in the notice.

These Terms and Conditions are governed by the laws of the Province of Quebec and the federal laws applicable in that province, in respect of residents of Quebec.

8. Rewards Program Termination

Subject to the applicable law, if events beyond Second Cup’s control materially affect our ability to operate the Rewards Program, as determined by Second Cup in its sole and absolute discretion, the Rewards Program may be suspended or terminated without notice and without Second Cup incurring any liability or obligation.

Subject to the applicable law, Second Cup reserves the right to terminate the Rewards Program, or any component thereof, at any time on 60 days written notice (to be provided at Participating Locations, on the Rewards Website at secondcup.com/rewards, and/or through other communications to Rewards Program members, including e-mail).

Subject to the applicable law, Second Cup reserves the right to withdraw, amend or suspend the Rewards Program (or to amend these Terms) in any way, in the event of an error, omission, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of Second Cup that interferes with the proper conduct of the Rewards Program as contemplated by these Terms. Any attempt to deliberately damage any website, mobile application, or to undermine the legitimate operation of the Rewards Program in any way (as determined by Second Cup in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, Second Cup reserves the right to seek remedies and damages to the fullest extent permitted by law.

9. General

  1. There are no membership fees associated with Rewards Program.
  2. Your Points, registered Rewards Card(s), and your Account under the Rewards Program are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others, except as may be permitted by Second Cup in its sole and absolute discretion.
  3. Any abuse by a participant of the Rewards Program’s privileges, any failure by a participant to follow these Terms, or any misrepresentation by a participant may subject the participant to expulsion from the Rewards Program, including forfeiture of all accumulated Points and/or Rewards.
  4. Second Cup reserves the right to terminate your Account, your accumulated Points balance(s) on each Rewards Card associated with your Account and/or your participation in Rewards Program if Second Cup determines in its sole and absolute discretion that you have violated these Terms, or that the use of your Account is unauthorized, fraudulent or otherwise unlawful.
  5. These Terms constitute the entire agreement between you and Second Cup regarding your participation in the Rewards Program, your entitlement to collect and redeem Points, Rewards and your entitlement to any other benefits of the Rewards Program, and supersede all previous versions.
  6. Except as expressly contained in these Terms, there are no conditions, representations, warranties, express or implied, statutory or otherwise. When you deal with Second Cup over the Internet, you consent to the formation of contractual relations through electronic communications. Second Cup has the final authority as to the interpretation of these Terms and as to any other questions or disputes regarding the Rewards Program.
  7. Every effort has been made to ensure that the information herein and on any related websites is correct. However, Second Cup is not responsible for and accepts no liability in relation to any errors or omissions in printed copies of these Terms nor those published from time to time on any website.
  8. Any waiver by Second Cup of the strict observance, performance or compliance by a participant with any provision of these Terms, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of Second Cup as a result of any other failure to observe, perform or comply with the provisions of these Terms. No delay or omission by Second Cup in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
  9. By virtue of participating in the Rewards Program, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby agree to release The Second Cup Ltd., and each of its parent companies, subsidiaries, affiliates, and suppliers and any other third party that may from time to time participate in the administration or operation of the Rewards Program, and each of their respective officers, directors, agents, representatives, employees, successors and assigns (collectively, the "Releasees") from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to the Rewards Program, your participation therein and/or the redemption and use/misuse of any reward obtained through the redemption of Points under the Rewards Program. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL ASPECTS OF THE PROGRAM ARE PROVIDED "AS IS" WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  10. In the event that any provision in these Terms is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms.