iCoke Buy Stuff Terms Of Use

Welcome to the iCoke.ca site of Coca-Cola Ltd. (hereinafter referred to as the "Site"). Coca-Cola Ltd. and all its divisions, affiliates, and subsidiaries may be referred to herein as "we", "us" or "our". This Site comprises various web pages and is owned and operated by Coca-Cola Ltd. or its subsidiaries and affiliates (collectively referred to herein as "Coca-Cola Ltd."). Parts of this Site may also be operated by our designated agencies or representatives. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since use of this Site, including browsing, accessing your iCoke Points account, and purchasing merchandise from our online shop "Buy Stuff", are subject to the iCoke Program Terms of Use, the iCoke Privacy Policy, and the Buy Stuff Terms of Use outlined below (collectively, the "Terms of Use").

By using this Site in any manner whatsoever, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use of use, please do not use this Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time without prior notice to you. Therefore, we urge you to read them carefully each time you use this Site. Your continued use of this Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

iCOKE MEMBERSHIP

In order to purchase merchandise with iCoke Points from this Site, you need to be enrolled as an iCoke Member. iCoke membership is a privilege that can be revoked by Coca-Cola Ltd., in its sole discretion, without compensation to the iCoke member as a result of any act by such iCoke member that Coca-Cola Ltd. deems to be deleterious the iCoke Program, to iCoke's partners or to Coca-Cola Ltd. or any of its affiliates. iCoke membership is only open to Canadian residents. For more details on the iCoke Program, please read our iCoke Program Terms of Use.

iCOKE Points

iCoke Points are points that accrue to your personal iCoke Points account every time you enter a PIN found on specially marked packages of Coca-Cola products. The iCoke Points have no monetary value and cannot be assigned, transferred, willed, traded, sold or otherwise disposed of, and can only be redeemed for items featured on the iCoke site. Coca-Cola Ltd. shall be under no obligation to continue making PINS available on the packaging of Coca-Cola products and reserves the right to discontinue awarding iCoke Points at any time without notice.

iCOKE PROGRAM

We are not obliged to continue the iCoke Program or to provide any notice of its termination or any changes we make to the iCoke Program.

ONLINE SHOPPING AT BUY STUFF

You must be registered as an iCoke Member residing in Canada in order to accumulate and spend iCoke Points. Membership at iCoke is free. Merchandise and services presented on this Site may only be purchased with iCoke Points, which have no cash value. Any product or service ordered or purchased with iCoke Points from this Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. We reserve the right to limit the quantities of certain products or services which you can purchase through the facilities of this Site. In accordance with the redemption limits outlined in connection with selected rewards anywhere on the Site, any orders exceeding the redemption limit will not be fulfilled and the iCoke Points spent for that order will not be reimbursed to your iCoke Points account.

Merchandise presented on this Site may from time to time be out of stock and services may be unavailable. We use our best efforts to indicate which merchandise is out of stock as soon as possible.

COLOURS

Please note that although we attempt to display the colours of any merchandise shown on this Site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.

DELIVERY

Shipping and delivery services are made available by our service providers. Deliveries are free of charge and our service providers aim to ship within approximately 90 days of receiving your order. However, you acknowledge and agree that neither we nor our designated service providers will be held responsible for any delays in shipping or delivery. Merchandise purchased from Buy Stuff can only be shipped in Canada to a civic address (not a P.O. Box). Transactions with multiple purchases of merchandise may be delivered separately. You will be required to complete all of the required fields in the online order form in order to redeem your iCoke Points.

CANCELLATION OF ORDERS BY US

We reserve the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or iCoke Points have been deducted from your iCoke Points account. If iCoke Points from your iCoke Points account have been deducted for a purchase and your order is cancelled, we shall promptly credit the iCoke Points back to your iCoke Points account, except in cases where you have over-redeemed iCoke Points contrary to the redemption limits indicated in connection with a reward.

RETURN POLICY

No cancellations, exchanges, refunds or returns for merchandise once iCoke Points have been redeemed. Merchandise redeemed on the Site may not be exchanged or refunded at any retail locations. No cancellations or exchanges for any service related rewards once iCoke Points have been redeemed.

DISCLAIMER

PLEASE NOTE THAT ALL CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Model numbers and service providers are subject to change based on availability and without notice. All merchandise or services offered in exchange for iCoke Points are subject to change and may be withdrawn without notice. The number of iCoke Points required to purchase any given item or service is subject to change without notice. Manufacturers' warranties apply. The terms and conditions of service providers apply for every service offered.

WE DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF COCA-COLA LTD, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS OR ANY MERCHANDISE OR SERVICES MADE AVAILABLE THROUGH THIS SITE, OR ANY OTHER INTERNET SITE LINKED TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON INFRINGEMENT AND CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS SITE. WE DO NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COCA-COLA LTD. ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS, LICENSED BOTTLERS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS SITE OR ANY CONTENT ON THIS SITE OR ANY MERCHANDISE OR SERVICES OFFERED OR GIVEN TO YOU AS REWARDS PURCHASED WITH ICOKE Points ON THIS SITE OR TO ANY OTHER INTERNET SITE TO WHICH THIS SITE LINKS EVEN IF COCA-COLA OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ERRORS, INACCURACIES OR OMISSIONS

We make every effort to ensure that the content on this Site is complete and current. However, we do not guarantee that the information contained on this Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. We reserve the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you. Further, we are not responsible for monitoring your iCoke Points account. You have the sole responsibility to ensure the accuracy of the number of iCoke Points in your account, and to verify that all other information in connection with your iCoke Points account is accurate. Should you believe there to be any inaccuracies, errors or omissions in respect of your iCoke Points account, please contact us.

TRADE-MARKS AND COPYRIGHTS

All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Coca-Cola Ltd., its parent, affiliates, or its licensed bottlers. All other names, titles, logos and designs appearing on this Site are the property of their respective owners.

This Site may contain copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Material") and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material.

No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights by downloading any Material. The use of any Material on any other web site is prohibited.

PRIVACY

The use of this Site is subject to the Coca-Cola Ltd. iCoke Privacy Policy, which form a part of the Buy Stuff Terms of Use.

LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT

This Site may contain links to other Internet Sites which are provided to you for your convenience. All such other Internet Sites are wholly independent from this Site and from us and we have no control or power over such other Internet Sites including their content. WE MAKE NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE OTHER INTERNET SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH OTHER INTERNET SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOUR USE OF SUCH OTHER INTERNET SITES IS SUBJECT TO THE TERMS AND CONDITIONS OF USE GOVERNING SUCH INTERNET SITES.

ENTIRE AGREEMENT

The Buy Stuff Legal Terms of Use, the iCoke Program Terms of Use, together with our Privacy Policy, (collectively “Terms of Use”) constitute the entire agreement between us and you regarding the subject matter of this Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written between us and you with respect to such subject matter.

SEVERABILITY

These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use 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.

GOVERNING LAW

This Site is intended for users who reside within Canada. We make no representation that materials on this Site are appropriate or available of for use in any particular location. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with local laws. The Terms of Use as well as the use of this Site, including any order or purchase made through this Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

You agree that any action at law or in equity arising out of or relating to these Terms of Use of use shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use of use and shall not affect the validity and enforceability of any remaining provisions.

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