Craft Beer Passport Inc. (“CBP”, “we”, “us”) provides a mobile application (the “App”) for the discovery and redemption of discounted craft beer at participating bars and breweries ( “Establishments”). These Terms & Conditions of Service (“Terms”) govern your access and use of the App, our website (the “Site”), located at www.craftbeerpassport.ca, and other services that we may provide (collectively, the “Services”). “User”, “Passport Holders” or “you” means an individual, entity or end user of the Services. Please read these Terms carefully. Creation of your Account (as described below) or use of the Services are conditional upon your prior acceptance of the Terms and the Terms create an enforceable contract between you and CBP. By using the Services or creating the Account, you signify your acknowledgement and consent to be bound by these Terms, including without limitation all terms herein regarding our collection, use and storage of data (as described under our “Privacy Notice”). We shall be entitled to unilaterally modify these Terms from time to time, in which event CBP shall make commercially reasonable efforts to contact you in respect of any material changes. Notwithstanding the foregoing, your continued use of the Services after any changes are made to these Terms will be deemed acceptance of such amended or updated Terms. If you do not agree to any of these Terms, you must refrain from using the Services.

Use of Services.

Your access to and permission to use the Services granted by CBP hereunder is strictly for your own personal use. You may not use the Services in connection with any commercial endeavour or for any commercial purpose. You may not create more than one Account per individual or on any mobile device, and you may not access any Account other than your own. CBP may, in its sole discretion and at any time, discontinue providing the Services or any part thereof without notice.

Use of and access to the Services is void where prohibited by law. By using the Services, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 19 years of age or older, and (d) your use of the Services does not violate any applicable law or regulation or any other obligation.

The Services use Google Maps. By using the Services you agree to be bound by Google’s Terms of Use, located at https://developers.google.com/maps/terms and Google’s privacy policy, available at http://www.google.com/policies/privacy/. The Services use STRIPE. By using the Services you agree to be bound by STRIPES’s Terms of Use, located at https://stripe.com/ca/legal and https://stripe.com/ca/checkout/legal and STRIPE’s privacy policy, available at https://stripe.com/ca/privacy

Account Registration.

You may create an account to use the Services (an “Account”) by connecting through Facebook or Instagram. By registering through a Facebook or Instagram account you represent and warrant that such account is yours and you have full right and authority to provide us with the information in such account according to the terms and conditions of those services. We may terminate your use of the Services without notice if others use your Account inappropriately, or if you or anyone using your Account violates these Terms. If your Account is terminated, you may not rejoin the Services again without our express permission. You agree to immediately notify us via e-mail at support@craftbeerpassport.ca if you become aware of any unauthorized use of your Account. Notwithstanding the receipt of any notice by us, you are and remain fully and solely liable and responsible for the use and security of your computer system(s), mobile device(s) and any and all activity on your Account, even if you were not aware of or did not authorize such activity. CBP will not be liable for any losses or damage arising to you or any other person from unauthorized use of your Account or the Services, and you agree to indemnify and hold CBP harmless for any improper, illegal or unauthorized use of your Account or the Services, and any liabilities, damages, claims, charges, taxes, penalties or other costs incurred by CBP, you or any other person as a result thereof.

Termination of Account.

You acknowledge and agree that CBP may for any reason, in its sole discretion and without notice, terminate your Account, and remove from the Services any content associated with your Account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) unreasonable use of the Plan (as defined below), (iv) fraudulent, harassing or abusive behavior, (v) behavior that is harmful to other users, Establishments, third parties, or the business interests of CBP, or (vi) any unauthorized use of your Account or the Services. If CBP believes, in its sole discretion, that a violation of these Terms or any illegal, inappropriate or unauthorized use of your Account has occurred, we may take any other corrective action we determine necessary or advisable. We reserve the right to investigate suspected violations of these Terms or illegal, inappropriate or unauthorized use of your Account or the Services. In the case of fraud, misrepresentation, abuse or violation of these Terms, CBP reserves the right to immediately close your Account or terminate your ability to use the Services and may take all available legal or administrative action. CBP is not responsible and shall have no liability for any damage or loss, including loss of life, resulting from the use or intended use by you or any other person of your Account or the Services. You may request termination of your Account at any time and for any reason by sending an email to support@craftbeerpassport.ca. Any suspension, termination, or cancellation shall not affect your obligations to CBP and its licensees under these Terms (including but not limited to ownership, indemnification, and limitation of liability), all of which shall survive such suspension, termination, or cancellation.

Purchasing & Plans.

The Services can be used at participating Establishments. We reserve the right to add or remove participating Establishments at any time at our sole discretion and will use reasonable commercial efforts to publicize such changes using appropriate channels. The App functions as a tool for accessing and using discounts on craft beer available for purchase at participating Establishments. Digital stamps or vouchers distributed to users on the App or purchased by users on the App (“Stamps”) can be redeemed for an in-store purchase of one 12 fl oz (341 ml) serving of beer for $2.00 (inclusive of applicable taxes) (in local currency) chosen from a list of three (3) craft beers offered by participating Establishments. The App must be presented at the time and site of purchase. The User agrees to allow the Establishment to leave a digital mark on the App indicating that a Stamp has been redeemed at the Establishment. The Establishment reserves the right to decline the discounted beer to any user who does not present a correct Stamp or whose Stamp cannot be redeemed on the App at that Establishment at that time. The Establishment and CBP will determine a set period of time (“Reset Period”) during which the App will not allow a user who has already redeemed a Stamp at an Establishment to return to that same Establishment to redeem another Stamp. CBP reserves the right to change an Establishment’s Reset Period at any time, in its sole discretion, without notice.

Stamps are not redeemable for food, additional beverages or any other products offered at participating Establishments. Stamps have no cash value after purchase and cannot be redeemed for cash or credit. Stamps are non-refundable. Stamps may not be combined with any other coupon or employee discount. Stamps can be purchased on the App in 3 different plans (each, a “Plan”):

-3 Stamps (“3 Stamp Plan”)

-10 Stamps (“10 Stamp Plan”)

-All Stamps (“All Stamps Plan”)

The 3 Stamp Plan provides a User with 3 Stamps which can be redeemed at any Establishment. The 10 Stamp Plan provides a User with 10 Stamps which can be redeemed at any Establishment. The All Stamps Plan provides a User with an unlimited number of Stamps which can be redeemed at any Establishment. The 3 Stamp and 10 Stamp Plans must be used within ninety (90) days of activation. The All Stamps Plan must be used within one-hundred and eighty (180) days of activation. Plans are personal and may not be transferred or assigned to other individuals. If a User wishes to change the device to which the Plan is linked, the User will need to login to their Account on the new device in order to access their Stamps. If a User purchases a new Plan before all Stamps of a previously purchased Plan have expired, the expiry date of all previously unredeemed Stamps will be extended to the expiry date for the Stamps under the newly purchased Plan. CBP is not responsible for any refund of other compensation for any Stamps which have not been fully redeemed by the end of the expiration dates periods set out above. Failure to use or redeem a Stamp by the applicable expiration date thereon shall result in such Stamp or Stamps being void and of no further force or effect. The availability and selection of beer made available for purchase by a User will vary depending on the Establishment and shall be at the Establishment’s sole discretion. Each Establishment may change the selection of beer it makes available at any time. A User must enquire directly with the Establishment for its currently available beer selection. While we take care in the selection of our Establishment partners, CBP is not responsible for and disclaims any liability in respect of any Establishment’s or staff’s or any third party’s customer service, quality standards, beer selection, availability, or accuracy of descriptions of beer or other menu items offered. The User understands and accepts that neither CBP nor the Establishments shall be responsible or liable for any liquid spills, drops or other mishaps that might occur to any User’s phone while being handled by Establishments or their staff to redeem Stamps. While the Establishments and their staff will try to avoid making errors in marking a Stamp which is being redeemed (e.g. for an incorrect Establishment), the User acknowledges and agrees that Establishments shall not be responsible or liable for any errors in marking Stamps being redeemed. In addition, CBP shall not be responsible or liable to User or anyone else in respect of actions, errors or omissions of any Establishment, its staff and/or by any third parties.

Suspension.
If you are unable to use your Account due to the loss of the device, a defect in the App which prevents utilizing the Account or the Services, in cases of physical absence (such as a trip abroad) or in cases of ill health, please contact us immediately at support@craftbeerpassport.ca. and CBP will determine in its sole discretion whether or not a suspension or a refund is appropriate under the circumstances.

Refunds.
CBP shall have no obligation to provide refunds to you for Stamps that were not used by expiration or other unused Services. CBP may review refunds requests and determine to process refunds in specific cases as CBP may determine in its sole and absolute discretion, including where User reasonably demonstrates that the attempted use or redemption of Stamps or other Services was prevented due to the fault of CBP, the App or some other cause under CBP’s control. Any refund granted will be subject to a minimum $5 fee for administration.

Termination of Plan.

If CBP terminates your Plan and/or Account due to termination of the Services, we will provide you with thirty (30) days’ notice and will allow you to use your Plan for a period of thirty (30) days from the date notice of termination is delivered, or the period remaining on the Plan, whichever is shorter. You may terminate a Plan by providing CBP with two (2) business days’ written notice prior to the end of the Plan. You will receive confirmation of termination within seven (7) business days.

Placing Orders – how it works.

Use the App to redeem Stamps for a discount on beer available for purchase at participating Establishments. The App will suggest nearby Establishments or, if location services on your device are disabled, the App will list Establishments by neighbourhood or in such other manner as determined by CBP from time to time.Make sure you have Stamps in your account.

1. Purchase a Plan on the App to get Stamps.

2. Visit a participating Establishment listed on the App.

3. Ask your server what’s on tap for Passport Holders.

4. Choose one 12 fl.oz. (341 ml) craft beer.

5. Pay $2.00 (inclusive of applicable taxes) plus tip.

6. Confirm that you have ordered and paid.

7. Present your device to server and allow them to leave a digital mark to confirm redemption of the Stamp.

Plan Renewals.

If you have enabled the auto-renewal option on your account, your Plan will automatically renew on termination day or upon redeeming all of your CBP Stamps based on the terms currently applicable to such Plan at the date of renewal. Your payment method will be charged for such Plan at the current price at the time of renewal, excluding any promotions and discount codes, within 7 days from the date of termination. The auto-renewal will occur even if the price or other terms relating to such Plan may have changed since the User’s last renewal and it will be the User’s sole responsibility to confirm the currently applicable terms of the Plan before selecting the auto-renewal option. You can enable or disable the auto-renewal at any time by accessing your account from the menu in the App.

Referral Program – how it works.

(A) User (Referrer) to New User (Referral) Program

1. Refer new users to CBP and you both benefit. Get your referral code from the App and share it with friends and family you think would like to use the Services.

2. Your referrals must download the App, sign up, and enter the code on the following screen or in the “Enter Code” field, under the menu.

3. Once the code is submitted by the referral, referrals will receive a free Stamp in their account that may be redeemed at any Establishment.

4. Upon referrals redeeming their first stamp, the referrer will be rewarded with a free Stamp.

5. By sharing your code with a referral or a referral accepting it, you and your referral(s) are accepting the Terms and Conditions of Service contained herein, including the Referral Program Terms and Conditions described below.

(B) Establishment (Referrer) to New User (Referral) Program

1. A new user downloads the App, signs up, selects a plan and enters the Establishment’s unique referral code at “checkout”.

2. Once the code is entered by the referral, the referral will be rewarded with an additional Stamp upon completing this first Plan purchase.

3. All referral(s) accept the Terms and Conditions of Service contained herein, including the Referral Program Terms and Conditions described below.

Referral Program Terms and Conditions.

-“You” and “your” means any Account holder who participates in our referral program.

-A Stamp may only be received under the Referral Program by a new user who has not previously purchased a Plan.

-Use the App to submit a “Get Stamps On Us” form.

-By clicking “Share Your Code”, you can send your referral code to your referrals.

-To be eligible to receive a “referral“ Stamp, both you and your referral must keep your Services active and in good standing until such Stamps are redeemed.

-There is no limit to the number of referral codes you can send to your friends or family. However, you may be limited to a maximum of 5 “referral” Stamps per month.

-Referring Users cannot use more than one referral code as part of the Referral Program.

CBP reserves the right, at its sole discretion, to change, cancel or suspend the Referral Program for any reason. Referrals are subject to verification and will be declared invalid if they are falsified, altered or tampered with or unlawful in any way. Referrals submitted by unauthorized means will be disqualified. In the event of any violation or misuse of these Terms, we may revoke a User’s or referral’s referral credits and disqualify you and all of you referrals from the Referral Program. You agree to abide by the terms of the Referral Program and the decisions of CBP and its employees and representatives, which are final and binding. The Referral Program is subject to all applicable laws and regulations. CBP may terminate, cancel or suspend the Referral Program or change any of the Terms at any time, without notice and without obligation to award any referral credits. Stamps received through the Referral Program have no cash value, are not eligible for any refund, and are otherwise subject to the limitations described in “Promotions” below.

Promotions.

CBP may use discount codes for Plans or free Stamps (“Promotional Credits”) for promotional, incentive, or loyalty purposes, to reward or recognize certain Users, or for any other reason it may choose. Limitations:

-Promotional Credits are not eligible for refunds, have no cash value and cannot otherwise be exchanged for cash.

-Promotional Credits can only be redeemed once.

-Promotional Credits are only redeemable in respect of the goods or services specifically described as being available on the App or the Site.

-Promotional Credits may not be combined with other offers, coupons or promotions, unless otherwise specified by CBP.

-Promotional Credits are the sole responsibility of the User. Neither CBP nor the Establishments will be responsible for damaged, lost or stolen Promotional Credits.

-CBP reserves the right to terminate, cancel, suspend, change the conditions of, or otherwise limit Promotional Credits in its sole discretion and without notice.

-Promotional Credits are subject to expiration dates, which CBP will endeavour to make visible on the User’s Account page.

-Promotional Credits are personal and cannot be resold or transferred to or used by any person other than the original User and may only be redeemed by the submitting referrer.

Payment.

Charges for use of the Services are handled by our payment processor, STRIPE, which currently supports a selection of major credit cards. We or our payment processor may add or change payment methods from time to time without notice. Please note that third-party payment processors are not controlled by or affiliated with us, and you will be subject to the terms and conditions applicable to the use of the relevant service. CBP may revise prices for new Plans and Plan renewals at any time. In the event of any price increase, we will disable any auto-renewal option on your Account and notify you. If you have auto-renew enabled, you will be charged for a new Plan each time your old one runs out. Otherwise, you will be charged whenever you purchase a new Plan. We also reserve the right in our sole discretion to cancel any transaction that we have reason to believe has been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.

Intellectual Property.

CBP and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sub-license, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services or any information, materials, forms, and data available through or displayed on the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of CBP or any third party for any purpose.

Restrictions.

Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) decipher, decompile, disassemble, or reverse engineer or attempt to find the underlying code of the Services or the App; (b) circumvent, disable, or otherwise interfere with security-related features of the Services, the App or features that prevent or restrict use or copying of any content related to the Services or the App; (c) use the Services or the App in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval services, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services or the App; (e) harvest, collect or mine information about other users of the Services or the App; (f) use or access the account, password or other information pertaining to any other User; (g) modify the Services or the App, or in any other way manipulate the Services or the App; or (h) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Services or the App except as expressly permitted by these Terms.

Disclaimers and Disclaimer of Warranty.

Your use of the Services, the App or the Site is at your sole discretion and risk. The Services, the App and the Site are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind from CBP. You should always check any information provided through the Services, the App or the Site to ensure its accuracy. CBP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, THE APP OR THE SITE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CBP DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES, THE APP OR THE SITE; OR (II) THAT THE SERVICES, THE APP OR THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES, THE APP OR THE SITE. CBP FURTHER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO ANY USER OR ANY OTHER PERSON FOR LOST, DELAYED, INCORRECT, DAMAGED OR MISDIRECTED STAMPS, DIGITAL MARKS, REFERRALS OR COMMUNICATIONS OR FOR ANY FAILURE OF THE SITE OR THE APP, FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMPUTER ONLINE SYSTEMS, SERVERS, ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL, REFERRALS OR OTHER COMMUNICATIONS TO BE RECEIVED BY CBP ON ACCOUNT OF TECHNICAL OR PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF INCLUDING ANY INJURY OR DAMAGE TO A USER’S (OR ANY OTHER PERSON’S) COMPUTER OR ELECTRONIC DEVICE RELATED TO OR RESULTING FROM ANY USE OF THE SERVICES, THE REFERRAL PROGRAM OR ANY OTHER PROGRAM, FEATURE OR OFFERING MADE AVAILABLE BY CBP, AN ESTABLISHMENT OR ANY OTHER PARTY HEREUNDER. Content on the Services, the App and/or the Site originates from a variety of sources, including Google Maps. CBP attempts to be as accurate as possible. HOWEVER, CBP DOES NOT REPRESENT OR WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice (including after you have submitted an order). WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS) OR OF ANY PERSONS WORKING FOR OR REPRESENTING THE ESTABLISHMENTS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES, THE APP, THE SITE OR OTHERWISE. No advice or information, whether oral or written, obtained by you from CBP, shall create any representation or warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. CBP content and Establishment information is made available to Users for information purposes only. While we use commercially reasonable efforts to keep our participating Establishments information up-to-date, we make no guaranty of its completion or accuracy. We still welcome feedback from users about the content of CBP.

Limitation of Liability.

IN NO EVENT SHALL CBP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS OR ANY OF THEIR AFFILIATES BE LIABLE TO YOU FOR ANY INJURY, LOSS OR DAMAGES WHATSOEVER (COLLECTIVELY “DAMAGES”), INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE APP OR THE SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, THE APP OR THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CBP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL CBP’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO CBP FOR USE OF THE SERVICES, THE APP OR THE SITE. IF YOU HAVE NOT MADE ANY PAYMENTS TO CBP FOR THE USE OF THE SERVICES, THE APP OR THE SITE, THEN CBP SHALL NOT HAVE ANY LIABILITY TOWARDS YOU. In addition to the foregoing, CBP is not responsible or liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure. CBP is not responsible or liable for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Services, the App or the Site. UNDER NO CIRCUMSTANCES SHALL CBP BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, THE APP OR THE SITE, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, THE APP OR THE SITE, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, THE APP OR THE SITE, WHETHER ONLINE OR OFFLINE.

Indemnification.

You agree to indemnify, defend, and hold harmless CBP and its respective employees, directors, officers, subcontractors, representatives and agents of each, against any and all liabilities, claims, damages, costs or expenses (including attorneys’ fees on a solicitor and client basis) that arise directly or indirectly from: (a) any breach of these Terms by you or anyone using your computer or other electronic device or password; (b) any claim, loss or damage experienced by you or any other person from your use or attempted use of (or inability to use) the Services, the App or the Site including any transactions that you conduct or attempt to conduct; (c) your violation of any law or regulation applicable hereto; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible, directly or indirectly, hereunder or under law. You agree that your use of the Services, including, without limitation, provision of services in connection with the Services, shall be in compliance with all applicable laws, regulations and guidelines.

App Stores: Apple & Google Play.

The following terms apply if you purchased a copy of the App through the Apple App Store. Apple is not responsible for addressing any claims related to the App, including, but not limited to: (i) product liability claims; (ii) claims that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) claims that the App infringes the intellectual property rights of any third party. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Miscellaneous.

These Terms are governed by the laws of the Province of Ontario exclusive of its choice of law rules. Your use of the Services, the App and/or the Site may also be subject to other local and/or federal laws. Any action to be brought in connection with these Terms or the Services shall be brought exclusively in the courts in Ontario and you irrevocably consent to their exclusive jurisdiction. Any cause of action against CBP must be brought within 1 year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture or partnership relationship between you and CBP or authorizes you to act on behalf of CBP. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between CBP and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You may not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void and unenforceable. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account or account of any social networking site that you provided upon registration.

Privacy Notice.

We respect your concerns about privacy. This Privacy Notice (“Notice”) applies to personal consumer information obtained by CBP, including through craftbeerpassport.ca, the App or in connection with the Services. The Notice describes the types of personal information we obtain about consumers, how we use the information and with whom we share it. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices. The Services are for an audience over the age of 19, are not intended for children, and therefore we do not knowingly collect personal information from anyone under 19 years of age.

Information We Obtain.

We obtain personal information about consumers through the Services and from our affiliates and/or business partners (such as breweries, retailers, social media networks, etc.). The types of personal information we may obtain may include:

-Contact information (such as name, postal address, email address and telephone and/or mobile numbers);

-Username and password when you register through our Services;

-Geolocation data;

-Purchase transaction data and other data provided by our business partners that we match to you through information you have provided to us, such as contact information or other identifying information;

-Credit card or other payment-related information;

-Contact information for friends or other people you would like us to contact; and

-Other information you may provide to us.

Information Obtained by Automated Means Through Our Services.

We also may obtain certain information through our Services by automated means, such as cookies (including HTTP, HTML5), web beacons, web server logs, JavaScript and similar technologies, including technologies designed to obtain information regarding your use of our Services. The information we obtain in this manner may include IP address, mobile device advertising ID, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our Services, and dates and times you access or use the Services. In connection with the APP, we also may obtain your phone number and details about your mobile carrier. A “cookie” is a file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action may be collected and stored. We also may use similar automated means to obtain and store information regarding your actions while using the App. We may link certain data elements obtained through automated means, such as your browser or device information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you, what search queries you may have run and what advertisements you may have seen on our Services or on third-party websites and apps. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Services. Your device settings also may allow you to prohibit mobile app platforms (such as Apple and Google) from sharing certain information obtained by automated means with app developers such as CBP. In addition, if you register for the App or connect your Account to a third-party social media network (such as Facebook or Twitter), we may obtain certain information about you from the relevant social media network, such as your user ID and/or user name associated with that social media network, the information contained in your public profile on the social media network and friends lists. The specific information we obtain depends on your privacy settings on the applicable social media network. The providers of third-party apps, tools, widgets and plug-ins on our Services, such as social media sharing tools, also may use automated means to collect information regarding your interactions with these features. This information is collected directly by the providers of those features and is subject to the privacy policies or notices of those providers. CBP is not responsible for those providers’ information practices.

How We Use the Information We Obtain.

We may use the information collected from and about you to:

-Provide our products and services, such as coupon delivery services and offers based on your location;

-Create and manage online accounts;

-Send promotional materials, alerts regarding available offers and other communications, including communications through the Services and outside of the Services, such as via email and through third-party websites and apps;

-Communicate about, and administer participation in, special events, promotions, programs, offers, surveys, contests and market research;

-Respond to inquiries from you and other third-parties, including inquiries from law enforcement agencies;

-Anonymize personal information to provide third parties with aggregated data reports showing anonymized information and other non-personal information;

-Supplement your personal information collected from you with additional information from publicly and commercially available sources, and/or information from CBP affiliates and our business partners;

-Associate your browser and/or device with other browsers or devices you use for the purpose of providing relevant and easier access to content, advertising across browsers and devices, and other operational/business purposes;

-Operate, evaluate and improve our business (including developing, enhancing, analyzing and improving our Services; managing our communications; performing data analytics; and performing accounting, auditing and other internal functions);

-Protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities, including to protect against offer stacking and enforce other offer restrictions; and

-Comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

In addition, we and our third-party service providers may use information collected through automated means including cookies, web beacons, web server logs, JavaScript and similar technologies for purposes such as (1) customizing our users’ visits to and use of our Services, (2) delivering content (including advertising) tailored to our users’ interests and the manner in which our users use our Services, and (3) managing our Services and other aspects of our business. We may use third-party analytics services on our Services, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web beacons, web server logs and similar technologies to help us analyze your use of the Services. The information collected through these means may be disclosed to these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the Services. To learn more about how to opt out of Google Analytics services, please visit https://tools.google.com/dlpage/gaoptout . We also may use your personal information in other ways for which we provide specific notice at the time of collection.

Interest-Based Advertising.

On our Website, App and/or emails, we and our third-party service providers may obtain information about your activities to provide you with advertising about products and services tailored to your individual interests. We and our third-party service providers also may obtain information for this purpose from third-party websites and apps. This section of our Privacy Notice provides details and explains how to exercise your choices. We engage third-party advertising networks to help us target our messaging to visitors through interest-based and contextual means. Through these ad networks, we can track your activities over time (including across third-party websites and apps) by obtaining information through automated means, as described above. The networks use this information to show you advertisements on our Services or other third-party websites and apps that may be tailored to your individual interests. The information our ad networks may obtain on our behalf includes data about your visits to Establishments, related websites and use of apps that serve CBP advertisements, such as the pages or ads you view and the actions you take on the websites or apps. This data collection takes place both on our sites, apps and emails and on third-party websites and apps that participate in these ad networks. This process also helps us track the effectiveness of our Services and our marketing efforts. To learn how to opt out of this ad network interest-based advertising click here. By using the Services hereunder, you hereby consent to our use of your information for interest-based advertising. Our sites are not designed to respond to “do not track” signals from browsers.

Text Messaging.

If you so elect, as CBP may permit in future, you may provide your mobile phone number to CBP . By submitting your mobile phone number, you consent to receive text message alerts from CBP containing promotions, offers, contest and event information, or product information that may be sent using automated dialing systems (“Text Messages”). Your consent to receive Text Messages is not otherwise required to purchase or receive any goods or services from us. You may not consent to receive Text Messages on behalf of someone else or provide someone else’s phone number. You agree to enter into, sign and receive your consent to receive Text Messages electronically. You can contact us as set forth under “How to Contact Us” below to request a free copy of your consent. You may receive recurring Text Messages. We do not charge a fee for you to receive Text Messages from us; however, your mobile service provider may charge you for sending and/or receiving Text Messages and air-time, as well as any other standard applicable rates charged by your mobile service provider. Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery or guarantee availability or performance of this service, including liability for transmission delays or message failures. To receive help with Text Messages, you can contact us as set forth under the How to Contact Us Section below. We may also obtain the date, time and content of your messages in the course of your use of Text Messages. We will use the information we obtain in connection with our Text Messages in accordance with this Privacy Notice. From time to time you may be asked to provide your mobile phone number to CBP in connection with specific text messaging programs. Some text messaging programs may have additional or different terms and conditions from those set forth above, which will be presented to you at the time that you opt-in to receive those Text Messages. In general, in order to stop receiving Text Messages from a specific CBP text messaging program, you can text STOP to the short code for the text messaging program from which you no longer wish to receive message (i.e., the number from which its Text Messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. This will only opt you out of the specific text messaging program associated with that short code. You will remain opted in to any other CBP text messaging programs that you have signed up for. You may also choose not to receive Text Messages by contacting us as set forth under the How to Contact Us Section below and specifying that this is your preference.

Push Notifications and In-App Alerts and Updates.

When you download the App, we may provide you with the option to opt in to receive push notifications from CBP on your mobile device in connection with the App. These push notifications may include promotional communications regarding CBP products and services. To opt out of receiving these alerts and updates, you may uninstall the App from your mobile device.

Information We Share.

We may share consumer personal information with:

-Our subsidiaries and affiliates, any of whom may use your personal information consistent with this Privacy Notice or for the subsidiary’s or affiliate’s own purposes, including marketing purposes.

-Service providers here or in the US and other jurisdictions who perform services on our behalf.

-Our third party clients or business partners, such as consumer product companies and other third parties for those third parties’ own marketing purposes, such as to serve targeted advertisements.

From time to time, using encryption technology, we may compare our consumer member databases with our affiliates’, clients’ and/or partners’ databases to identify overlap between the databases. When there is an overlap between databases, we may share with those affiliates, clients and/or partners information such as data collected via automated means, as described above, of the matched consumers. Those parties may use this information as permitted under their own privacy notices, including to contact consumers and/or to send targeted advertising or other promotional materials. In addition, when the information collected from or about you does not identify you as a specific person, we may share it with third parties. In addition, we may disclose information about you (1) if we are required to do so by law or legal process, (2) to law enforcement authorities or other government officials, and (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal information we have about you in the event of a proposed or completed sale or transfer of all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).

Your Choices.

We offer you certain choices in connection with the personal information we obtain about you, such as how we communicate with you. To update your preferences, ask us to remove your information from our marketing mailing lists (such as CBP’s periodic reminder emails) or submit a request, please contact us as outlined in the How to Contact Us Section below. You also can unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails.

Accessing, Reviewing, Updating and Deleting Personal Information.

You have the right to access, review, update, and delete your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and deletion of your personal information by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records. To learn more about how to opt out of ad network interest-based advertising, please visit the consumer opt-out pages at http://youradchoices.ca/choices.

How We Protect Personal Information.

We maintain administrative, technical and physical safeguards designed to protect the personal information we have about you against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Transfers of Information.

The Services may be hosted in and managed from a country outside the country in which you initially provided the information, including the United States. We may transfer the personal information we collect about you to the United States and/or another country, which may not be deemed to have the same data protection laws as the country in which you initially provided the information. When your personal information is in such countries, it may be accessed by the courts, law enforcement and national security authorities in accordance with applicable law. If you are a user located outside the United States or the country to which your information may be transferred, you understand and consent to having any personal information processed in the United States and/or such country. Your consent includes the use of cookies and other tracking technologies as described above. When we transfer your information, we will protect that information as described in this Notice.

Links to Third-Party Sites, Apps and Services.

For your convenience and information, our Services may provide links to third-party sites, apps and services that may be operated by companies not affiliated with CBP . These companies may have their own privacy notices or policies, which we strongly suggest you review. We are not responsible for the privacy practices of any non-CBP sites, apps or services.

Updates to Our Privacy Notice.

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. For significant changes, we will notify you by posting a prominent notice on our Services indicating at the top of the Notice when it was most recently updated.

How To Contact Us.

If you have any questions or comments about this Privacy Notice or the manner in which we or our service providers treat your personal information, would like to exercise your choices, or would like us to update or delete the information we have about you or your preferences, please contact us at support@craftbeerpassport.ca. We may transfer our databases containing your Personal Information if we sell our business or any part of it.

Last updated September 2021