Updated September 22, 2023
Calgary Co-op Website Terms and Conditions
LAST UPDATED: SEPTEMBER, 2023
In these Calgary Co-op Website Terms and Conditions:
“Account” means an online account with Calgary Co-op created in accordance with section 7 of the Calgary Co-op Membership Terms and Conditions.
“Act” means the Cooperatives Act, SA 2001, c C-28.1, as amended.
“Bylaws” means Calgary Co-op’s Bylaws, as amended (available at: https://www.calgarycoop.com/wp-content/uploads/2023/07/2023-Bylaws-as-Amended-FINAL.pdf)
“Calgary Co-op”, “we”, “us”, and “our” means Calgary Co-operative Associated Limited.
“Calgary Co-op App” means the Calgary Co-op mobile application.
“Designated Household User” means an individual who (i) is over the age of 18; (ii) is not a Member; (iii) resides at the same address as a Member; and (iv) accepts an invitation from the Member with whom they reside to be a Designated Household User and creates a Verified Account in accordance with the Calgary Co-op Mobile App Terms and Conditions, the Calgary Co-op Membership Terms and Conditions, the Calgary Co-op Rewards Program Participant Terms and Conditions, and the Calgary Co-op E-Commerce Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-e-commerce-terms-conditions).
“Joint Member” means the holder of a joint membership as set out in section 3.02 of the Bylaws. In these Terms, a Joint Member does not include a Member-Owner that is a corporation, partnership, business, or charity, and does not include a Member-Owner that is a Calgary Co-op Commercial Fleet Card holder.
“Member” means an Individual that is a registered Member-Owner of Calgary Co-op in accordance with the Bylaws, Calgary Co-op’s Articles of Incorporation (as amended), the Act, the Regulations, and these Terms, including a Joint Member. In these Terms, a Member does not include a Member-Owner that is a corporation, partnership, business, or charity and does not include a Member-Owner that is a Calgary Co-op Commercial Fleet Card holder.
“Regulations” means the Cooperatives Regulation, Alta Reg 55/2002, as amended.
“Terms” means these Calgary Co-op Website Terms and Conditions, as amended.
“Verified Account” means an Account created by a Member or Joint Member that has been verified in accordance with section 7 of the Calgary Co-op Membership Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-membership-terms-conditions), or an online account with Calgary Co-op created by a Designated Household User in accordance with section 6 of the Calgary Co-op Mobile App Terms and Conditions.
“Websites” means calgarycoop.com, coopwinespiritsbeer.com, and coopcannabis.com, which are owned and operated by Calgary Co-op.
All other capitalized terms used in these Terms that are not otherwise defined shall have the meaning as set out in the Act, the Regulations, and/or the Bylaws.
These Terms, together with any documents or additional terms incorporated by reference, govern the use of the Websites by each user of the Websites (“you” or “your”).
The Websites are not targeted towards, nor intended for use by, anyone under the age of 15. If you are between the ages of 15 and the age of majority in your jurisdiction of residence, you may use the Websites only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are between the ages of 15 and the age of majority in your jurisdiction of residence, then you must review these Terms with your parent or guardian, and obtain consent from your parent or guardian to accept these Terms, including as they may be amended from time to time. For the purposes of these Terms, all references to “you” will include your parent or guardian on your behalf, as applicable.
Individuals under the age of majority in their jurisdiction of residence may not shop at Calgary Co-op’s Wine Spirits Beer stores or Calgary Co-op’s cannabis stores through the Websites.
Your use of the Websites constitutes your agreement to be bound by these Terms, as amended. If you do not agree with these Terms or any amendments, then you must not use the Websites.
These Terms constitute a binding legal agreement between you and Calgary Co-op. You must read these Terms carefully before using the Websites. Calgary Co-op reserves the right to modify or amend these Terms without notice at any time. As such, it is important that you review these Terms on a regular basis so that you are aware of any such changes. You waive any right you may have to receive specific notice of such changes or modifications, and your continued use of the Websites following any such changes or modifications confirms your acceptance.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Calgary Co-op for other products or services, such as Calgary Co-op gift cards. To the extent that there is any conflict between these Terms and the Calgary Co-op Membership Terms and Conditions, the Membership Terms and Conditions will govern.
As a condition of your access and use of the Websites, you agree that you may use the Websites only for lawful purposes in accordance with these Terms.
You may not use the Websites to take any action that could harm us or anyone else, interfere with the Websites, or use the Websites in a manner that violates any law. For example, without limiting the generality of the foregoing, you may not:
You understand and agree that all content, code, features, functionality, software and any other materials that are part of the Websites (collectively, “Calgary Co-op Materials”) are the property of Calgary Co-op or its third-party licensors, as may be applicable, and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Calgary Co-op Materials.
You acknowledge and agree that all trademarks or logos on the Websites (including, but not limited to, all Calgary Co-op logos or marks which incorporate any and all Calgary Co-op designs, marks, logos, taglines or other indicia) are the property of Calgary Co-op or its third-party licensors, as applicable. Any trademarks or logos used on the Websites cannot be used commercially without the prior written consent of Calgary Co-op or its third-party licensors, as applicable.
If you send or transmit any communications to Calgary Co-op suggesting or recommending changes to the Websites or its contents, including without limitation, new features or functionality (“Feedback”), Calgary Co-op is free to use such Feedback irrespective of any other obligation or limitations between you and Calgary Co-op regarding such Feedback. You hereby assign to Calgary Co-op all right, title, and interest in, and Calgary Co-op is free to use, without attribution or compensation to you, any ideas, concepts, or other intellectual property rights contained in your Feedback, for any purpose whatsoever.
You may be permitted to shop online and pay for orders within the Websites. Please refer to the Calgary Co-op Ecommerce Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-e-commerce-terms-conditions) for more information about the terms, conditions and policies that apply to online ordering.
In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Websites and your Account or Verified Account, in whole or in part, without prior notice. We may also suspend or terminate the benefits and services offered through the Websites without prior notice. Upon termination, you must cease all use of the Websites and your Account or Verified Account, including any content in the Websites. Otherwise, sections of these Terms which by their nature would reasonably be expected to survive termination shall survive termination.
Calgary Co-op is not responsible for any error in copy or images relating to the Websites or any other products offered via the Websites. Calgary Co-op will endeavor to correct errors when discovered and Calgary Co-op reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
The content in the Websites is provided for general information purposes only. The content and functionality of the Websites may be changed, withdrawn, or terminated at any time in our sole discretion without notice.
YOU UNDERSTAND AND AGREE THAT ALL ACTIVITY ON YOUR ACCOUNT OR VERIFIED ACCOUNT, YOUR USE OF THE WEBSITES, THEIR CONTENTS AND ANY SERVICES OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENTS AND ANY SERVICES OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CALGARY CO-OP DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITES OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, CALGARY CO-OP DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES, THEIR CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, NON-INFRINGING OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE FUNCTIONS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THERE IS NO WARRANTY THAT THE WEBSITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF CALGARY CO-OP THROUGH THE WEBSITES, OR IN RELATION TO THE WEBSITES SHALL CREATE ANY WARRANTY OR CONDITION.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CALGARY CO-OP OR ANY OF THE RELEASED PARTIES (DEFINED BELOW) BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, INTELLECTUAL PROPERTY INFRINGEMENT, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY ADDITIONAL TERMS INCORPORATED BY REFERENCE, OR YOUR ACCESS, USE, INABILITY TO USE, OR RELIANCE ON, THE WEBSITES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, OR ANY CONTENT, MATERIALS, OR INFORMATION THEREON, HOWEVER CAUSED, WHETHER BY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, FUNDAMENTAL BREACH, BREACH OF PRIVACY, STRICT LIABILITY OR OTHERWISE, EVEN IF CALGARY CO-OP WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CALGARY CO-OP AND THE RELEASED PARTIES WILL NOT BE LIABLE FOR:
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Calgary Co-op, its respective subsidiaries, affiliates, related entities, suppliers, distributors, advertising agencies, licensors, and each of their officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns (collectively the “Released Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, fines, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) your (or anyone acting under your username or password) breach of these Terms and/or any other terms incorporated by reference; (ii) your (or anyone acting under your username or password) use or misuse of the Websites; (iii) your (or anyone acting under your username or password) failure to comply with any applicable laws or regulations in connection with the Websites any other services connected therewith, or any other services offered through the Websites; (iv) your (or anyone acting under your username or passwords) negligence, willful misconduct, or violations of the intellectual property rights or other rights of a third party in connection with the Websites; (v) any Feedback you provide; (vi) any of your dealings or transactions with other persons or third party platforms resulting from your use of the Websites; or (vii) or your conduct in connection with the Websites.
Each Member is responsible for all activity on their Verified Account, and for the use of any membership benefits offered through the Websites, including the use of membership benefits by a Designated Household User or a Joint Member. To the maximum extent permitted by applicable law, each Member agrees to defend, indemnify, and hold harmless Calgary Co-op and the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, fines costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) the Member’s Designated Household User and/or Joint Member’s breach of these Terms and/or any other terms incorporated by reference; (ii) the Member’s Designated Household User and/or Joint Member’s use or misuse of the Websites; (iii) the Member’s Designated Household User and/or Joint Member’s failure to comply with any applicable laws or regulations in connection with Websites and any other services connected therewith, or any other services offered through the Websites; (iv) the Member’s Designated Household User and/or Joint Member’s negligence, willful misconduct, or violations of the intellectual property rights or other rights of a third party in connection with the Websites; or (v) the Member’s Designated Household User and/or Joint Member’s conduct in connection with the Websites.
These Terms are governed by the laws of the province of Alberta and the federal laws of Canada applicable in Alberta, without reference to conflict of laws provisions.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims relating to or arising out of the Websites that cannot be resolved informally shall be final and binding arbitration. The arbitration shall be held in Calgary, Alberta and the arbitration will be held in English. There shall be one arbitrator agreed to by you and us. You and us shall equally share the arbitrator and facility fees, and you will bear your own legal costs and expenses of the arbitration.
Calgary Co-op reserves the right to seek all remedies available at law and in equity for violations of these Terms. Any waiver by Calgary Co‑op of your strict observance, performance or compliance of any portion of these Terms and any extension of time or other indulgence granted by Calgary Co‑op, either expressly or by course of conduct, shall not alter, affect or prejudice any of Calgary Co‑op’s rights or remedies and shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any of Calgary Co‑op’s rights and remedies arising in respect of any other breach of these Terms.
No delay or omission by Calgary Co‑op in exercising any right or remedy hereunder shall operate as a waiver of that or any other right or remedy.
Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”.
Each of the provisions contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other provision of these Terms.
The terms of this Section 11 will survive termination of these Terms.
If you have any questions about the Websites or these Terms, please email us at email@example.com.