PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. ACCESS TO AND USE OF THIS SITE IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS, VIEW OR USE THIS SITE IN ANY MANNER.
This site (the “Site”) is operated by Kentucky Fried Chicken Canada Company (“KFC Canada”) and the following terms and conditions (these “Terms and Conditions”) govern your use of this Site.
Additional terms and conditions of use applicable to specific web pages on this Site may also be posted on such web pages and, together with these Terms and Conditions, govern your use of those web pages. KFC Canada reserves the right, in its sole discretion, to change or modify all or any part of these Terms and Conditions at any time, effective immediately upon notice published on this Site. Your use and continued use of this Site constitutes your binding acceptance of these Terms and Conditions, including any changes or modifications made by KFC Canada as permitted above. If at any time these Terms and Conditions become unacceptable to you, you should immediately cease all use of this Site. We recommend that you check back frequently and review these Terms and Conditions regularly so you are aware of the most current rights and obligations that apply to you. For your convenience, the date of the last update to these Terms and Conditions appears at the top of this document.
In order to access and use certain content, features, or functionality of this Site, you may register for this Site and have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your address and email (collectively, a “User Account”). If you elect to become a registered User of this Site, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of this Site by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf. You agree to (a) immediately notify KFC Canada of any unauthorized use of your User Credentials or User Account, or any other breach of security, and (b) ensure that you log off from this Site at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) update, maintain and control access to your User Credentials and User Account, and (iii) cancel your User Account on this Site. We reserve the right to deny access, use and registration privileges to any User of this Site if we believe there is a question about the identity of the person trying to access any account or element of this Site. KFC Canada shall not be responsible or liable for any loss that you incur as a result of someone else using your User Account and/or password.
Pricing and Payment
You hereby agree to pay in full the prices (including, without limitation, all applicable taxes) for any orders placed using your User Account(s) (or any orders placed as a guest).
You are responsible for any taxes imposed on any transactions conducted on or in connection with this Site and applicable taxes will be added to the amount charged for the applicable transaction on this Site.
Your use of this Site includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Site, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications.
Limitation of Liability
KFC Canada will not be liable for any damages or injuries caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Under no circumstances shall KFC Canada be liable for any damages resulting from the use of this Site or the Materials (as defined below), including without limitation, indirect, special, consequential, incidental or punitive losses, damages or expenses or lost profits or savings even if KFC Canada has been advised of their possible existence, or even if KFC Canada or an authorized KFC Canada representative has been advised of the possibility of such damages, or both.
Restrictions on Use
Except as stated herein, all information and materials contained in this Site including the design, text, graphics, logos, images, icons, interfaces and the selection, assembly and arrangements thereof (the “Materials”) are the sole property of KFC Canada, its affiliates, subsidiaries, assigns and related companies or the respective owners of such Materials. You may not use the Materials except as specifically contemplated herein. Modification or use of the Materials for any other purpose will violate the intellectual property rights KFC Canada or the respective owners of such Materials, as applicable. You may not use, or permit the use of, the Materials on any other website. You may not resell, redistribute, decompile, reverse engineer, disassemble or otherwise convert any Materials from this site. You may not copy, distribute, republish, upload, post, or transmit Materials from this Site in any way without KFC Canada’s prior written consent. The Materials in this Site are provided for lawful purposes only, and you may not use this site in any manner which is contrary to any applicable local, provincial, national, international and foreign laws which govern your use of this Site. You may not use this site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site.
KFC Canada is pleased to hear from you and welcomes your comments regarding KFC Canada’s products and services. However, please do not send us information or post it on this Site unless you are willing to a) let KFC Canada have it, and b) let the world know about it. All remarks, suggestions, ideas, graphics, or other information communicated to KFC Canada through or as a result of this Site (together, the “Submissions”) will forever be the property of KFC Canada. KFC Canada will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future KFC Canada operations. Without limitation, KFC Canada will have exclusive ownership of all present and future rights to Submissions of every kind and nature everywhere. Except as noted below in this paragraph, KFC Canada will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submissions. By transmitting the Submissions to KFC Canada you represent and warrant that you own, control or have the necessary permissions with respect to all rights to the Submissions. You agree that you are responsible for whatever Submissions you submit, and you, not KFC Canada, have full responsibility for its content, including its legality, reliability, appropriateness, originality, and copyright.
Except as described otherwise, the Materials are made available only to provide information and promote KFC Canada products and services in Canada. KFC Canada controls and operates this site from its headquarters in Toronto, Ontario, Canada and makes no representation or warranty that the Materials and the KFC products and services described in this Site are appropriate or available for use in other jurisdictions. If you use this site from another country you are responsible for compliance with applicable laws.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. KFC CANADA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE MATERIALS IN THIS SITE ARE PROVIDED IN GOOD FAITH ON AN “AS IS” BASIS AND WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. KFC CANADA DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, Merchantable QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE OR ANY OF THE MATERIALS. KFC CANADA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE AND THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE AND THE MATERIALS WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KFC CANADA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KFC CANADA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE DISCLAIMERS CONTAINED HEREIN SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM OR RELATED TO YOUR USE OF THIS SITE AND THE MATERIALS. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION DOES NOT APPLY TO YOU. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD KFC CANADA, ITS EMPLOYEES, DIRECTORS, REPRESENTATIVES, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ALL LIABILITIES, COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
By using this Site, you represent, warrant and covenant that: (a) you are 18 years of age or older; (b) your use of this Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein; and (c) all information, including, without limitation, payment information (e.g., credit card, debit card information, etc.), you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information, as applicable. If you provide information that is untrue, inaccurate, not current or incomplete, or KFC Canada suspects that such information is untrue, inaccurate, not current or incomplete, KFC Canada has the right to suspend or terminate your registration (in whole or in part) and/or refuse any and all current or future use of this Site (or any portion thereof) by you, in its sole discretion, with or without notice to you, and without liability or obligation to you or any third party.
This Site is controlled and operated by KFC Canada. KFC Canada makes no representation or warranty that the content contained on or made available in connection with this Site is legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable.
KFC®, all logos, registered trademarks and other logos and/or slogans used in this site are used under license from KFC Yum! Franchise I LP.
© 2016 Kentucky Friend Chicken Canada Company. All Rights Reserved
Colonel’s® Club Program Terms and Conditions
- The Colonel’s® Club Program (the “Program”) is available through participatingKFC® Canada and/or KFC Select® Canada store locations and any other designated locations, from time to time, as may be determined by Yum! Restaurants International (Canada) Company ("Yum!") in its sole discretion.
To participate in the Program, a customer must become a member of the Program. Membership
is ONLY open to persons who are at least 13 years of age. Membership is absolutely
free and no initial purchase is required. Simply fill out a Colonel’s®
Club Enrollment Form at www.kfc.ca/colonelsclub,
accept the Terms and Conditions on-line, confirm your e-mail address via the confirmation
e-mail (each a “Member”, “Membership”), wait for your Membership card to arrive
in the mail and bring it into participating KFC® Canada and/or KFC Select® Canada locations to
start taking advantage of different offers/promotions.
Minors: All customers who are minors in their province or territory of residence must obtain permission from their parent or legal guardian to participate in the Program. In such cases, the parent or legal guardian will also have to consent to the collection and use of the minor Member’s personal information as part of the enrolment process.
- Limit of one (1) Membership and/or Colonel’s® Club card per person.
- The Colonel’s® Club card is not a credit card. The Colonel’s® Club card is the property of Yum! Restaurants International (Canada) Company and it may be revoked at any time by Yum! in its sole discretion.
- Members must advise Yum! immediately of any changes of Personal Information (as hereinafter defined) including name, address, telephone numbers and e-mail address either by visiting www.kfc.ca/colonelsclub or by contacting the Customer Service Centre. If Yum! believes that some of its records are inaccurate, it may contact the Member to verify its records.
- Yum! reserves the right to refuse Membership or issuance of a Colonel’s® Club card to any person who is found to be in violation of these Terms and Conditions or does not follow the prescribed enrollment procedures.
- Any unauthorized reproduction of the Colonel’s® Club card may lead to legal prosecution and forfeiture of membership in the Program.
- Membership is only available to individuals. Membership will not be available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from Yum!, in its sole discretion.
- Members will receive regular communications featuring exclusive offers. Redemption of each offer is limited to one per Member, per visit. Each offer will only be valid for a limited time. Terms of each offer will be expressed at the time the offer is communicated. Members will be required to present their Colonel’s® Club card in order to take advantage of any Program offer.
PRIVACY OF INFORMATION
- Yum! shall maintain the privacy, security and integrity of all personal information collected from Members, such as, but not restricted to: name, address (for the purpose of mailing the Membership card), telephone numbers, date of birth (for the purpose of determining eligibility), and e-mail addresses (for the purpose of communicating Program offers). This information will be used to communicate with the Member, to better understand the Member’s shopping and information needs and to offer the Member relevant information, products, services and offers to meet those needs. By providing the foregoing information to Yum!, you consent to Yum! using the information for the uses specified herein. An opt-in clause will appear on the Program enrolment form where the opportunity to choose whether personal information collected may be used beyond the purposes of the administration of the Program will be provided to customers, or their parent or legal guardian in the case of a minor.
- On occasion Yum! may collect additional personal information from Members who have elected to receive future communications from Yum! on a voluntary basis through questionnaires or other methods. The Membership status of any Member who does not wish to participate will not be affected.
- Yum! will not give, rent or sell its Member lists to any organization or individual. Yum! will allow limited and secured access to customer information by authorized third-party entities under its strict supervision and/or which are contractually bound to maintain the confidentiality and security of the information solely for the purposes of assisting Yum! in processing customer information.
- Colonel’s Club Members have the right to know what information is held in their Member file and the right to question and request correction of any erroneous information. There will be no charge for a Member to gain access to his/her file. To access a Member’s file, a written request should be sent to: Colonel’s® Club Program, 243 Consumers Road, Toronto, Ontario, M2J 4W8. All written requests will be responded to within a reasonable time frame. If for any reason access to an account is not granted, the Member will be provided with a written reason. Yum! will make all necessary and reasonable corrections to its Member files with all due diligence.
- Member information is stored in Yum!'s confidential databases located in Toronto, Ontario. Access to this information will be restricted only to authorized personnel of Yum!.
- Yum! may communicate special offers, information and services to Members. Any Member who does not wish to receive these offers may indicate so on his/her enrollment in the designated area. Alternatively, he/she may advise the Customer Service Centre.
- The Program will terminate at 11:59 p.m. on December 31, 2016 (the “Termination Date”).
- Yum! reserves the right to extend the Program beyond the Termination Date, or terminate the Program at any time prior to the Termination Date, by providing 30 days notice via email to Members, in KFC Canada store flyers and notices posted in participating stores. If events beyond Yum!’s control materially affect Yum!’s ability to operate the Program, the Program may be suspended or terminated without notice.
- Yum! may restrict, suspend or otherwise alter any aspect of the Program, without notice. Any material changes to these Terms and Conditions will be informed to Members via email, posted online and a copy of the Terms and Conditions will be made available at each participating store, upon request. The online version of the Terms and Conditions is the governing version. For the most current version of these Terms and Conditions please visit www.kfc.ca/legal.
- The Member’s (or their parent or legal guardian’s in the case of a minor Member) completion of the on-line form and the acceptance of the Terms and Conditions on-line and/or first time usage of a Colonel’s® Club card constitutes agreement by the Member to all the Terms and Conditions of the Program.
- Any abuse by a Member of the Program’s privileges, any failure by a Member to follow the Program’s rules, regulations, Terms and Conditions, or any misrepresentation by a Member may, at Yum!’s sole discretion, subject the Member to expulsion from the Program.
- Upon suspension or termination of the Program for any reason whatsoever, Yum! will have no liability therefore to any Member and is automatically released from all claims by Members.
- Every effort has been made to ensure that the information herein is correct. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid, incorrect, or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their stipulations as if the invalid, incorrect, or illegal provision were not contained herein.
- Any waiver by Yum! of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, 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 Yum! as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by Yum! in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
- Any reference herein to KFC Canada refers to Yum! Restaurants International (Canada) Company, its affiliates, and the licensed operators of the participating stores, as the context requires.
LAST UPDATED November 11, 2016