Website Terms and Conditions

Candied Couples Corporation, Limited (“Candied Couples”) may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the candiedcouples.com web site. Your continued use of the candiedcouples.com web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.

Ownership

The candiedcouples.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Candied Couples, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on candiedcouples.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Candied Couples and/or the applicable Third Parties.

Candied Couples, candiedcouples.com, and all other Candied Couples related trademarks and design marks displayed on candiedcouples.com (collectively, the “Trademarks”) are registered and common law trademarks of Candied Couples. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on candiedcouples.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Candied Couples or such other party that may own the applicable trademarks.

Use of site

Neither the candiedcouples.com web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Candied Couples, except that you may download, display and print the content presented on candiedcouples.com for your personal, non-commercial use only. Unauthorized use of candiedcouples.com and/or the content contained on candiedcouples.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

The candiedcouples.com website is not intended for use by adults under the age of 21. Use of the candiedcouples.com website is void where prohibited by applicable law.

In its sole discretion, in addition to any other rights or remedies available to Candied Couples and without any liability whatsoever, Candied Couples at any time and without notice may terminate or restrict your access to any component of candiedcouples.com.

User name and password

Your candiedcouples.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Candied Couples representative. Candied Couples recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Candied Couples, and may be cancelled or suspended at any time by Candied Couples without any notice or liability to you or any other person. Candied Couples is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Candied Couples of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Privacy

You have read the Candied Couples Privacy Charter, the terms of which appear on candiedcouples.com and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Candied Couples and/or Third Parties in accordance with the terms of and for the purposes set forth in the Candied Couples Privacy Policy.

Feedback

Candied Couples enables visitors to candiedcouples.com to provide Candied Couples with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant Candied Couples a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Candied Couples the right to use the name you submit with the Customer Content, if any, in connection with Candied Couples’s rights hereunder.

Your email or any other personal information you provide in connection with your feedback may be used to contact you regarding the information you have provided as well as for administration and/or other purposes as outlined in the Terms and Conditions.

Pricing policy

All prices quoted are payable in US Dollars or Canadian Dollars (Depending on your geographical region) and, unless otherwise stated, do not include GST, PST, QST or HST or State or Federal Taxes.

Candied Couples reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Candied Couples believes that customer conduct violates applicable law or is harmful to the interests of Candied Couples or any Third Parties.

All sizes quoted are approximate. Some items shown may require assembly. Items show are show at the time of website published date (May 2013) and may differ slightly to final product due to continual product improvements from the manufactuer.

Liability disclaimer

Except as explicitly provided in these Terms and Conditions as amended from time to time, Candied Couples and the Third Parties make no representations or warranties of any kind, express or implied, regarding candiedcouples.com and/or any content or products provided on candiedcouples.com, all of which are provided on an “as is” and “as available” basis. Candied Couples and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of candiedcouples.com, or any of the content or data found on candiedcouples.com, and expressly disclaim all warranties and conditions in respect of candiedcouples.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Candied Couples and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Candied Couples and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on candiedcouples.com or your downloading of any materials, data, text, images, video or audio from candiedcouples.com.

In no event shall Candied Couples or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of candiedcouples.com, the use of products found or purchased on candiedcouples.com or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of candiedcouples.com for purchases) even if advised of the possibility of damages.

Maximum liability

If, notwithstanding the foregoing, Candied Couples or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of candiedcouples.com or its content, the liability of Candied Couples and the Third Parties shall in no event exceed in the aggregate $250 CAD.

Indemnification

You shall indemnify and save harmless Candied Couples and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of candiedcouples.com.

Links

The candiedcouples.com web site contains links to web sites owned or operated by other entities which are not associated or affiliated with Candied Couples or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Candied Couples or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Candied Couples and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the candiedcouples.com web site or any of its content in any form and by any method is strictly prohibited.

Relationships

The relationship between Candied Couples and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of candiedcouples.com.

Governing laws

This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of candiedcouples.com and these Terms and Conditions.

Additional terms

Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on candiedcouples.com.

Severability

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Headings

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

PRIVACY CHARTER

Policy on Privacy of Customer Personal Information

Candied Couples is committed to protecting the privacy and security of your personal information obtained by reason of your customer relationship with Candied Couples. The Candied Couples Privacy Charter (“Privacy Charter”) explains the types of customer personal information we collect, how it is used, and the steps we take to ensure your personal information is handled appropriately.

Who is Candied Couples?

For purposes of this Privacy Charter, “Candied Couples” means Candied Couples Corporation. Candied Couples also includes any successors or subsidiaries of the above-listed companies.

What is personal information?

Personal information is information about an identifiable individual. Personal information includes such things as your name, address, age, income, date of birth, gender, financial information and credit records, as well as your opinions, preferences and purchase patterns.

Privacy Principles:

1. We are accountable to you

Candied Couples is responsible for all personal information under its control, including any personal information that is transferred to third parties for processing, storage or other purposes. To achieve this objective, Candied Couples has developed and implemented this Privacy Charter.

2. Why we collect your personal information

Candied Couples identifies the purpose for which your personal information is collected. We do this before or at the time the information is actually being collected. We collect, use and disclose your personal information in order to:

• process your application for a product, provide a service or administer the Candied Couples loyalty reward program (Loyalty Program);
• better understand your product and services needs and to offer relevant information, products, services and rewards to meet those needs;
• determine your interest and eligibility for, and where appropriate provide you with, products, services and loyalty rewards;
• administer the delivery of products, services and loyalty rewards to you;
• track and analyze your purchases, other transactions, shopping patterns, account activity, and payment history for marketing analysis purposes or making promotional offers to you;
• conduct surveys and analysis for research, statistical and product development purposes (information will be anonymized to the extent possible);
• verify your identity and protect against error and fraud;
• assess and update your credit-worthiness on an ongoing basis;
• process, service, analyze and audit your relationship with us, including collecting any money you owe us;
• support promotions and contest administration;
• perform tests to implement or modify systems;
• comply with legal and regulatory requirements; and
• achieve other purposes as may, from time to time, be permitted by law.

By providing your information to Candied Couples, you consent to Candied Couples using your personal information for the purposes outlined above. Withdrawal of consent to collect, use and disclose your personal information for purposes of your participation in the Loyalty Program may restrict our ability to provide you with some of the privileges and opportunities of being a member.

3. We obtain your consent to collect, use or disclose your personal information

Candied Couples obtains your consent to collect, use or disclose your personal information, except as permitted by law. The method of obtaining consent depends on the circumstances and the sensitivity of the information. Consent may be oral or written, express or implied. Your express consent (verbal, written or electronic agreement) is obtained to collect, use or disclose sensitive personal information. Implied consent is obtained in circumstances where a customer relationship already exists, express consent has previously been given, or the purpose of using the personal information is reasonably apparent to you.

You can change your consent preferences at any time by contacting Candied Couples Customer Relationship Contact Centre (see Contact Information, below).

Benefits you receive through consent

Candied Couples is a growing network of interrelated businesses offering a unique mix of products and services. We want to give you exceptional customer service and additional value which is facilitated by sharing your information within Candied Couples and across our various businesses. This sharing enables us to notify current and new customers of products, services, rewards and special offers they might enjoy. These notices may be given to you by postal mail, e-mail, facsimile, telephone, text message, automatic dialing-announcing device or other form of telecommunication using the contact information that you provide to us.

“Opting-out” or withdrawing your consent

If you decide that you do not want to receive marketing offers for products and services, you may always withdraw or refuse your consent at any time by emailing us at info@candiedcouples.com. Your request will be promptly processed but may not be in time to remove you from promotions already in progress. Please note that even if you have opted out of receiving marketing communications, we may still contact you for purposes of administering your account.

The consequences of withdrawing or refusing consent

If you decide to withdraw or refuse your consent, our ability to communicate with you will be diminished. For example, we will generally not be able to tell you about price discounts, rewards, customized balance transfer offers, contests, or other products and services that may be of value to you and in some cases will not be able to process or ship your online orders.

4. We limit collection of your personal information

Candied Couples collects only the information required to provide products and services to you. If the personal information we require is collected for a reason other than as outlined in this Privacy Charter, your consent will be obtained before or at the time the information is collected. Candied Couples will collect personal information only by clear, fair and lawful means.

5. We limit use, disclosure and retention of your personal information

Candied Couples uses and discloses your personal information only for the purposes for which it was collected, except with your consent or as required by law.

We assure you that we do not sell or rent personal information. We only provide your personal information within Candied Couples and across our various businesses, with current or future Partners in the Loyalty Program, and with third party service providers for the administration of certain promotional activities, and to ensure your needs are met and you are receiving optimum value from your participation in the Loyalty Program.

We may transfer your personal information to entities outside Candied Couples, such as our vendors, suppliers and agents who assist us in serving you (“Service Provider”). When your personal information is transferred to a Service Provider, we require them to protect the information in a manner that is consistent with this Privacy Charter. Our Service Providers may be located outside of Canada and may be required to disclose your personal information under the laws of their jurisdiction. You may contact us for information about our policies and practices regarding Service Providers to whom we have transferred your personal information and their locations (see Contact Information, below).

Candied Couples retains your personal information only as long as it is required for our business relationship or as required by law.

In the unlikely event that Candied Couples, any of its affiliated companies, brands or substantially all of any of their assets are acquired by an unrelated third party, your personal information may be one of the transferred assets. By providing your personal information to us, you agree that we may disclose your personal information, on a confidential basis, to any prospective transferee and its professional advisors for the purposes of their due diligence investigations, the completion of any such transaction and the continued operation of the acquired business.

6. We keep your personal information accurate

We want to keep your personal information up to date, accurate and relevant for its intended use. We rely on you to let us know if your address, telephone number or other information changes, so that we may provide you with the best possible service.

7. How we protect your personal information

The security of your personal information is important to us. We will protect your personal information with appropriate safeguards and security measures. All of our Service Providers are required under their agreements with us to maintain your confidentiality and may not use your information for any unauthorized purpose. When we are required by law to provide information, we take reasonable steps to verify the lawful authority for the collection and we disclose only the information that is legally required. We review our procedures and security measures regularly to ensure that they are properly administered and remain effective and appropriate for the sensitivity of the information.

8. We are open about our privacy and security policy

We are committed to providing you with understandable and easily available information about our policies and practices related to management of your personal information.

9. You can access your personal information stored by us

You have the right to request access to your personal information we have on record in order to ensure it is accurate. If there are discrepancies, your information can be updated as appropriate. To access your personal information, a request must be submitted in writing to us (see Contact Information below). We will respond to your request for access or information in a reasonable time. There may be times when we are unable to fulfill your request – for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we are unable to separate your data), or if we are prohibited by law from disclosing the information.

10. We respond to your questions, concerns and complaints about privacy

Candied Couples responds in a reasonable time to your questions, concerns and complaints about the privacy of your personal information and our privacy policies and procedures. We will investigate and respond to any concern you have regarding the handling of your personal information. In most cases, an issue can be resolved simply by telling us about it and discussing any issues.

Contact Information

• By e-mail at info@candiedcouples.com

If your questions, concerns and complaints have not been resolved to your satisfaction or if you have further questions, you can contact Candied Couples Chief Privacy Officer by e-mail at info@candiedcouples.com

Entire agreement

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Candied Couples as set forth above.

English language

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.