TERMS & CONDITIONS
Last Updated: July 12, 2017
We suggest you print a copy of each of these documents for your records.
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:
- 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;
- collect information about others without their consent; and/or
- 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
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:
- 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;
- is deemed, in the sole and absolute discretion of Second Cup, to be defamatory, trade libelous, pornographic or obscene;
- 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);
- is in any way disparaging, or might be seen to be disparaging, to Second Cup;
- 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;
- 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
- 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:
- 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;
- Second Cup cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and
- 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
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.
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.
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: email@example.com
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.
The Second Cup Ltd.
5915 Airport Road, Suite 630
"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.
We may use third party web analytics services such as Google Analytics on our website. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the website. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate usage. You can learn about Google’s practices, and your options to opt-out of them by going to google.com/policies/privacy/partners.
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 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
- 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
The Second Cup Ltd.
5915 Airport Road, Suite 630
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.
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.
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.
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.
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:
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.