Terms of Use

WEBSITE TERMS OF USE

Last updated: April 25, 2024


PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE ACCESSING AND/OR USING THIS WEBSITE.

1.    Acceptance of the Website Terms of Use

These website terms of use (the “Terms”) govern your access and use of the Quickie Convenience Stores website located at www.quickiestores.com (the “Website”) owned and operated by MacEwen Petroleum Inc. (collectively, “MacEwen”, “We”, “Our”, “Us”). These Terms constitute a legally binding agreement between you, as a user of the Website, (“You”, or “Your”) and Us. By accessing and using the Website, You agree to be bound and comply with these Terms and Our privacy policy (available at quickiestores.com/privacy-policy/) (the “Privacy Policy”). If You do not agree to these Terms or the Privacy Policy, You are not authorized to access or use the Website.

2.    User Eligibility 

By accessing and using the Website, You represent and warrant that You are the legal age of majority under applicable law to form a legally binding agreement with Us. If You do not qualify, You are not authorized to access or use the Website. 

3.    Changes to the Terms and to the Website

3.1    Right to Make Changes. These Terms are subject to change by Us in Our sole discretion at any time, without prior notice to You. Any changes to the Terms will be effective immediately upon posting and apply to all access and continued use of the Website. You are responsible for checking the Website periodically to view the most current version of these Terms. If You do not agree to any change(s), You must stop using the Website. Otherwise, Your continued use of the Website constitutes Your acceptance of such changes. 

3.2    Effect of Updates to the Website. We may modify these Terms for any reason or without any specific reason, at any time and in Our sole discretion, including without limitation, for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Website. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period

4.    Intellectual Property Rights, Ownership and License 

4.1    Definitions: 

4.1.1    “Intellectual Property” shall mean any and all intellectual property, including without limitation, works, inventions (whether patentable or not), discoveries, trade secrets, know-how, scientific formulae, data, information, reports, results, analysis, software, coding, models, research and development information, technical information, prototypes, specifications, patterns, drawings, algorithms, products, compositions, processes and protocols, methods, tests, devices, computer programs, trademarks, trade dress, goodwill, copyright  and includes any and all related rights, patents, patent rights, patent applications, trademark applications and registrations, and copyright registrations.

4.1.2    “Website Content” shall mean all materials and content displayed on or otherwise relating to the Website, including, but not limited to, the overall interface, displays, images, graphics, inscriptions, audio, video, music, text, accompanying documentation and information, colors, the backend, meta-data, software code, source code, object code, logos, symbols, slogans, the selection and arrangement of content, and the structure and overall look and feel. 

4.2    Rights in the Website Content. We have the exclusive right, title and interest in and to the Website Content. Except as otherwise expressly permitted herein, We do not grant You any express or implied permission to use the Website Content. You shall not take any step, by act or omission, that would violate Our rights in the Website Content, including Our Intellectual Property rights. This includes, but is not limited to, any unauthorized copying, transmitting, modification, creation of derivative works based on, loaning, selling, assigning, or reverse engineering of the Website or the Website Content. You agree not to use any data mining, robots, or similar data and/or gathering and extraction methods in connection with the Website. You shall not infringe or otherwise violate any Intellectual Property right associated with the Website Content.

4.3    Access and Limited License. Subject to these Terms, We grant to You a limited, personal and non-commercial, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license to access and use and access the Website for the purpose of learning more about Quickie, Quickie promotions, finding a Quickie store near you, and Quickie career opportunities (“Permitted Uses”). All rights not expressly granted to You in these Terms are reserved by Us and, if applicable, Our licensors. You shall not attempt any access or use to any part of the Website beyond those clearly and unequivocally authorized and intended by Us. Your use and access to the Website is subject to all applicable laws.

4.4    Violation of Intellectual Property. We take the protection of Our Intellectual Property rights seriously and will not hesitate to commence legal action in the case of any suspected violation of Our Intellectual Property. If You become aware of any violation or suspected infringements of the Intellectual Property associated with the Website by any third party, please notify Us at no-reply@quickiestores.com.

5.    Restrictions and Limitations

5.1    Restrictions on Use. You shall not use the Website for any purposes beyond the scope of Permitted Uses. Without limiting the generality of the foregoing, You shall not at any time, directly or indirectly:

• copy, modify, or create derivative works of any component of the Website or the Website Content, in whole or in part; 

• rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website or the Website Content, in whole or in part; 

• reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website or the Website Content, in whole or in part, including any activity that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website; 

• remove any proprietary notices from the Website; 

• use the Website in any manner or for any purpose that infringes, misappropriates, depreciates the goodwill of or otherwise violates any Intellectual Property right or other right of any person, or that violates any applicable law; 

• use the Website for the purpose of developing a product or service that may be competitive with the Website;

• engage in any harassing, threatening, intimidating, predatory or stalking conduct;

• use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;

• attempt to circumvent any technological protection measure or content-filtering techniques employed in the Website;

• attempt to access any feature or area of the Website that You are not authorized to access;

• develop or use any third party applications that interact with the Website without Our prior written consent, including any scripts designed to scrape or extract data from the Website; and

• use the Website or the Website Content for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

5.2    Suspension of Use. We may temporarily or permanently suspend, restrict, or otherwise terminate, Your access to some or all of the Website, without notice, for any reason. For greater certainty, and without limiting the foregoing, Your use of the Website will be immediately suspended if it is linked to any suspected: 

    (a)    threat or attack on any Intellectual Property related to the Website;
    (b)    security risk; 
    (c)    fraudulent or illegal activities; 
    (d)    prohibition under applicable law; or
    (e)    breach of these Terms.

5.3    Reserved Rights

5.3.1    We reserve all rights not expressly granted to You in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to You or any third party any Intellectual Property rights or other right, title, or interest to any of Our Intellectual Property. We reserve the right at any time to alter the price, features, specifications, capabilities, functions, terms, general availability or other characteristics of the Website. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Website on certain hardware.

5.3.2    We may replace or discontinue the Website or any part thereof at any time, for any reason, with or without notice, at Our sole discretion. 

6.    Usage Data and Privacy 

6.1    Usage Data. We may monitor Your use of the Website and collect and compile data related to such use (“Usage Data”). All rights, title, and interest in the Usage Data, and all Intellectual Property rights therein, belong to and are retained solely by Us. You acknowledge that We may compile Usage Data input into the Website. You agree that We may: (i) make Usage Data publicly available in compliance with applicable law; and (ii) use Usage Data to the extent and in the manner permitted under applicable law; provided that such Usage Data does not identify Your personal information as defined in our Privacy Policy. All information We collect, including Usage Data, will be collected and used in accordance with Our Privacy Policy quickiestores.com/privacy-policy/.

6.2    Privacy. Your privacy is important to Us and Our Privacy Policy (available at quickiestores.com/privacy-policy/) forms an integral part of these Terms. By accessing and using the Website, You agree to accept the terms of Our Privacy Policy and are consenting to the use of cookies. We reserve the right to amend the Privacy Policy from time to time. If You disagree with any part of the Privacy Policy, You must immediately stop using the Website. You must review Our Privacy Policy carefully prior to Your use and/or access of the Website.

6.3    Notice and Consent to Electronic Communications. We may send You email communications, when You sign up or subscribe to receive communications about Our products, services, special promotions, events and other news. By accessing or using the Website, You also consent to receive electronic communications from Us (e.g., responses to Your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on the Website). You can opt-out of receiving such electronic communications, by clicking the “unsubscribe” link found in all email communications. You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

6.4    Feedback. If You send or transmit any communications or materials to Us by mail, email, telephone, or otherwise, suggest or recommend changes to the Website, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), We may use any Feedback that You voluntarily provide in connection with Your use of the Website as part of Our business operations irrespective of any other obligation or limitation between You and Us governing such Feedback. You hereby assign to Us on Your behalf, all rights, title, and interest in, and We are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although We are not required to use any Feedback.

6.5    Personal Information and Privacy. We respect the privacy rights of any personal information provided by You in accordance with applicable Canadian laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). The specific policies and safeguards in place to protect Your personal information are detailed in Our Privacy Policy, available at quickiestores.com/privacy-policy/ for further detail.

6.6    No transfer of ownership. Nothing in these Terms transfers ownership in or grants any license to any Intellectual Property rights in the Website. We retain ownership of the Website Content, Usage Data, Feedback, and any subsequent copies thereof, regardless of form or media.

7.    Third Party Websites

For Your convenience, the Website may provide links to third party sites. We make no representations about any other sites that may be accessed from this Website. If You choose to access any such sites, You do so at your own risk. We have no control over the contents of any such third party sites and accept no responsibility for such sites or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions of such third party sites.
 
8.    International Users

Although the Website may be accessible worldwide, We makes no representation that the materials and/or content made available in connection with the Website are appropriate or available for use in locations outside of Canada and accessing them from territories where their contents are illegal is prohibited. Those who choose to access and use the Website from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Website is void where prohibited. Notwithstanding the foregoing, the Website may be available on a localized basis to users located in certain countries outside of Canada.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.

9.    Disclaimers and Limitation of Liability

9.1    Disclaimers: 

9.1.1    Disclaimer of Warranties. You acknowledge and agree that the Website is being provided AS IS and AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. In addition, We do not represent or warrant that the Website is accurate, complete, reliable, current or error-free, and has not been written to meet Your individual requirements. A failure of any part or the whole of the Website to be suitable for a user’s individual requirements will not give rise to any right or claim against Us.

9.1.2    Software Viruses. We do not warrant that the Website will be free from all known viruses or other harmful components.

9.1.3    Acceptance of Risk. You acknowledge and agree that You access and use the Website at Your own discretion and risk, and that You will be solely and entirely responsible for any damage to Your hardware or any loss of data that results from such use of the Website.

9.1.4    Compatibility. To use the Website, You are required to have a compatible hardware and Internet access. The Website is available for access and use on devices that meet the stipulated requirements at the time of access and use. We do not warrant that the Website will be compatible with the specific hardware, including a particular computer or mobile device, of any given user.

9.2    Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE WEBSITE MEETS YOUR REQUIREMENTS. YOU BEAR THE SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE WEBSITE TO MEET SUCH REQUIREMENTS. IN NO EVENT WILL MACEWEN BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE UNDER THESE TERMS, EVEN IF MACEWEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 

UNDER NO CIRCUMSTANCES SHALL MACEWEN, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO THE USER OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THESE TERMS, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF THE WEBSITE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR THE NEGLIGENCE OF US OR ANY OTHER PARTY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMIT OUR ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of MacEwen or for any other matters in which liability cannot be excluded or limited under applicable law.

9.2.1    Express and Implied Conditions. Unless these Terms expressly provides otherwise: to the maximum extent permitted by law, all express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, quality or title to the Website are negated and excluded; and We give no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of the Website.

9.3    Notice of Claims. If You desire to make a claim against Us concerning these Terms, or the Website, You must first notify Us in writing of Your potential claim, the grounds for Your claim, and the relief You seek. You must allow Us no less than sixty (60) days to attempt to resolve the issue prior to formally asserting a claim. If You fail to provide notice, We will not be liable to You for the claim.

9.4    Indemnification. You will indemnify and hold Us harmless from and against any claims, damages, actual loss, costs, liabilities and expenses (including reasonable attorneys' fees) resulting from or arising out of or related to Your breach of these Terms, Your conduct, Your use or inability to use or access the Website or any information provided by Us, Your use of the Website, Your violation of Our rights, or Your violation of any Intellectual Property or other rights of any person or entity. 

10    Miscellaneous

10.1    Governing Law. Any claims related to these Terms shall be exclusively decided by courts of competent jurisdiction in Ontario, Canada. These Terms will be governed by and constructed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflicts of laws principles. 

10.2    Severability. If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

10.3    Entire agreement. These Terms are the complete agreement between You and Us and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral).

10.4    Assignment. You may not transfer or assign any rights or obligations You have under these Terms without Our prior, written consent. We may transfer or assign these Terms or Our rights or obligations under these Terms at any time, without notice to You.

10.5    Force Majeure. Neither Us or You will be responsible for failure to perform its obligations under these Terms due to an event or circumstances beyond its reasonable control, including without limitation fires, explosion, power blackout, earthquakes, floods, severe storms, embargoes, shortages, epidemics, quarantines, pandemics, acts of God, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotion, lockouts, strikes, or other labor disturbances, acts of nature or acts, omissions or delays in acting by any governmental authority, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.

10.6    Headings. Clause headings have been included in these Terms for convenience only and must not be considered part of, or be used in interpreting these Terms.

10.7    No Waiver. No failure or delay by Us in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. We shall be deemed to have waived any provision under these Terms unless such waiver is in writing and executed by a duly authorized officer of MacEwen. No waiver by Us of any provision hereof on one occasion shall constitute a waiver of such provision on any other occasion.

10.8    Contact. You may contact Us regarding any questions related to these Terms by emailing Us at no-reply@quickiestores.com.