IMPORTANT - PLEASE READ: The following agreement describes the terms and conditions that apply to the pre-paid account of your TimCard® in Canada and the United States between you and The TDL Group Corp. and Tim Hortons USA Inc., which carries on business through its affiliates and franchisees as Tim Hortons (hereafter collectively, "Tim Hortons").
By using your TimCard®, you agree to the terms and conditions of this agreement. Please keep a copy of this agreement for your records. The terms and conditions of this agreement will govern the use of the TimCard® by you or anyone else who holds or uses the TimCard®.
About Your TimCard® Account: Tim Hortons Purchases Only
The TimCard® allows you to load a dollar value on to your TimCard® for future purchases at participating Tim Hortons restaurants. The dollar value that you load onto your TimCard® is a pre-payment only for the goods and services at participating Tim Hortons restaurants. No credit card, credit line, overdraft protection, or deposit account is associated with a TimCard®. Unless otherwise required by law or permitted by this agreement, any amount on your TimCard® is non-refundable and may not be redeemed for cash at Tim Hortons restaurants. No interest, dividends, or any other earnings on funds deposited onto a TimCard® will accrue or be paid or credited to you by Tim Hortons. The value associated with the TimCard® is not insured by either the Canadian Deposit Insurance Corporation (CDIC) or the Federal Deposit Insurance Corporation (FDIC).
Use of TimCard® is limited to participating Tim Hortons locations. We reserve the right not to accept, load, re-load or re-issue any TimCard® or otherwise limit the use of a TimCard® if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
Registering Your Card
Once you have purchased your TimCard®, you can register it online or call us at 1-866-846-2273 in order to access the additional features of the TimCard® program such as protecting your balance on your card from loss or theft (see details below). After you register your card, you will receive e-mails from us for purposes of managing your account or providing you services relating to your TimCard®, including confirmation of re-loads and verification of accounts.
Loading and Reloading Value on Your Card
You can load (or reload) a dollar value on the TimCard® at participating Tim Hortons restaurants using cash, an approved credit card or debit card (where available). You may also reload a dollar value on the TimCard® by going online using an approved credit card. All TimCards® must be activated at a participating restaurant (no activation can take place online). The loaded amount will appear on your TimCard® immediately (except for the Automatic Reload function - see details below). Currently, at restaurant level, you may load a minimum of $5.00 to a maximum of $100.00 worth of value to your TimCard®. Online, the minimum amount that can be loaded per TimCard® is $5.00 with a maximum of up to $100.00. The maximum online amount that can be charged to a credit card is $200.00 per day Tim Hortons may change the maximum or minimum amount that may be loaded onto your TimCard® at any time in its sole discretion, and we will post such changes online.
All amounts loaded onto your TimCard® are held and denominated in the currency of the country in which the TimCard® was sold (the "base currency"). When you make a purchase in a different country, the transaction total is converted from the currency of that country (the "local currency") to the base currency and deducted from the account. No fees or other charges are made to your TimCard® for the conversion. Although the actual balance of your TimCard® is held in the base currency, the balance shown on your receipt will be in the local currency of the restaurant location. Currency conversions are based on the exchange rate equal to the Bloomberg Financial exchange rate for the day prior to the date of the transaction.
To make reloading your TimCard® easier, you can use our Automatic Reload feature which is available for registered TimCards®. By linking an approved credit card to your TimCard®, you can reload a dollar value onto your TimCard® whenever you like. To set up Automatic Reload, simply set up the reload frequency or the balance at which you want to reload in your preferences profile and then enter your payment information. Your credit card will be billed according to the schedule and amount you have selected. We will send you an email after each Automatic Reload purchase to let you know that your TimCard® has been loaded. Please note that reloads using Automatic Reload may take up to 48 hours to go into effect.
To discontinue your Automatic Reload feature, you must login to disable the feature within 48 hours of the next scheduled reload. Once the dollar value is reloaded, the transaction cannot be reversed.
Fees and Expiration of Card Balances
Tim Hortons does not charge any fees for the issuance, activation, or use of your TimCard® and your TimCard® has no expiration date. TimCards® with a zero balance will be deactivated after two (2) years from the date of last use.
Receipts and Statements
Cardholders are not sent statements of itemized transactions from a TimCard® account. You can check the balance of your TimCard® in restaurant, online at our website and by calling 1-866-846-2273. You can review the ten most recent transactions on your registered TimCard® at our website or in-store. The account balance for a TimCard® also will appear on your receipt from a point-of-sale register. When you use your TimCard®, you will be offered a receipt but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a TimCard® and will provide the remaining balance of your TimCard®. You should retain your receipts from each transaction in order to ensure that your account balance is correct. You will need to produce your receipt in the event of a balance dispute.
Billing Errors, Corrections
We reserve the right to correct the balance of your TimCard® account if we believe that a clerical, billing or accounting error occurred. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Liability for Unauthorized Transactions
Because your TimCard® is used like cash for purchases from Tim Hortons, you are responsible for all transactions associated with your TimCard®, including unauthorized transactions. However, if your registered TimCard® is lost, stolen, or destroyed, it can be replaced with the balance remaining on it, but only if you have registered with us. If your TimCard® becomes lost, stolen or damaged, you should contact us immediately by calling 1-866-846-2273. You must provide your card number and you will be asked certain questions concerning recent activity on your account. Registered card owners can access this information from our website. Your TimCard® balance is only protected from the point in time you notify us that your TimCard® is missing and we are able to verify ownership of the card. We will freeze the remaining balance on your TimCard® at the time you notify us and will load that remaining balance on a replacement TimCard®. Replacement cards will be mailed within 4-6 weeks.
For information concerning how we collect, use and disclose information concerning the TimCard®, you should refer to our privacy statement or call 1-866-846-2273 and ask us to mail you a copy.
Amendments to this Agreement
We may amend the terms or conditions of this agreement at any time, including any rights or obligations you or we may have. We will post the terms and conditions of the amended agreement on our web site. As permitted by applicable law, any amendment will become effective at the time we post the amended agreement on our web site or as otherwise stated in our notice to you. Unless we state otherwise, the amendment will apply to your future and existing TimCards®. You are deemed to accept the amendments if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your TimCard® after such notice period. If you do not accept the amendments, upon written request, your TimCard® will be cancelled and any amounts remaining on your TimCard® will be refunded to you.
Suspension or Termination of this Agreement
We may suspend or terminate this agreement in whole or in part at any time and for any reason or no reason without notice or liability to you, including in connection with the termination of the TimCard® program. If we terminate this agreement without cause, we will refund or issue restaurant credits equal to the balance held in your TimCard® account.
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, notwithstanding any conflict of law rules.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this agreement or your use of the TimCard® (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the Arbitrations Act (Ontario) as modified by this agreement. Unless you and we agree otherwise, any arbitration will take place in Toronto, Ontario, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By entering into this agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Disclaimers and Limits of Liability
THE TDL GROUP CORP. AND TIM HORTONS USA INC. MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE TIMCARD®, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THIS MAY NOT BE APPLICABLE TO YOU. TIM HORTONS DOES NOT REPRESENT OR WARRANT THAT YOUR TIMCARD® WILL ALWAYS BE ACCEPTED OR THE TIMCARD® PROGRAM WILL ALWAYS BE ACCESSIBLE.
IN THE EVENT THAT TIM HORTONS OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR TIMCARD® PRIOR TO THE TIME AT WHICH SUCH DAMAGES AROSE. TIM HORTONS AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TIM HORTONS OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A TIMCARD® THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may assign all or part of this agreement without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
This agreement is the complete and exclusive statement of agreement between you and Tim Hortons, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
Questions or Notices
If you have any questions or wish to send us any notice regarding this agreement or your TimCard®, please visit our web site or call us at 1-866-846-2273.
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