PLEASE REVIEW THE TERMS OF THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE STACS OFFERINGS IN ANY MANNER OR FORM.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Welcome to STACS Fine Food. These terms and conditions (this “Agreement”) govern when you: (a) access or use the stacsfood.ca/Suncor website or any other online STACS platform (collectively, the “Site”); (b) access or use the STACS mobile platform (the “Social Media”); (c) access and/or view any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site and/or in the Social Media (collectively, “Content”); (d) sign up to receive the STACS subscription food-delivery service (the “STACS Subscription Service”), and/or any other products or services offered by STACS from time to time (collectively, with the STACS Subscription Service, the “STACS Service”); (e) access links to STACS’s social media pages/accounts on third-party social media websites or mobile or other platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”); (f) enter one of the sweepstakes, contests and/or other promotions offered or conducted by STACS from time-to-time (collectively, “Promotions”); and/or (g) utilize the many interactive features of the Site and/or Social Media designed to facilitate interaction between you, STACS and other users of the Site and Social Media, respectively, including, but not limited to, blogs and associated comment sections located in designated areas of the Site and Social Media, as applicable (collectively, the “Interactive Services” and together with the Site, Social Media, Content, STACS Service, Social Media Pages and Promotions, the “STACS Offerings”). By using the STACS Offerings, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and have read and understand our Privacy Policy. Further, you agree to enter into a legal binding agreement with STACS. Please do not access or use the STACS Offerings if you are unwilling or unable to be bound by this Agreement. The STACS Offerings are based and operated in Canada. We make no claims concerning whether the content may be downloaded, viewed, or be appropriate for use outside of Canada. If you access the Service or the Content from outside of Canada, you do so on your own initiative and at your own risk. Whether inside or outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

We may modify this Agreement from time to time at our sole discretion. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit this Agreement on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new terms and conditions. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. You understand and agree that your continued access to or use of the STACS Offerings after any posted modification to this Agreement indicates your acceptance of the modifications. If you do not agree with the modified terms and conditions, you should stop using the STACS Offerings.

Eligibility

By using the STACS Offerings, you represent that you are at least eighteen (18) years of age (or the applicable age of majority if greater than eighteen (18) years of age in your jurisdiction), and have the requisite power and authority to enter into the Agreement and perform your obligations hereunder.

Registration

During the registration process, you will be asked to create an account and establish a password. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information. Please read our Privacy Policy on how this information will be used. You are responsible for maintaining the confidentiality of your account password and you are responsible for all activities that occur in connection with your account made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless STACS for losses incurred by STACS or another party due to someone else using your account or password. STACS has the right to disable any user name, password or other identifier, whether chosen by you or provided by STACS, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of this Agreement.

STACS reserves the right to withdraw or amend the STACS Offerings, and any service or material we provide on the Site, or Social Media Pages, in its sole discretion without notice. STACS will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, STACS may restrict access to some parts of the STACS Service, or the entire STACS Service, to users, including registered users.

STACS Billing

When you first sign up for a subscription to a STACS Menu (a “Menu”), you are charged only for the order at the time of your order selection.

STACS may change the price of a menu, introduce new menu items, or remove menu items from time to time, and will communicate any price or Menu changes to you in advance in accordance with the “Notice” section of this Agreement. Price and Menu changes will take effect as of the next billing period following the date on which STACS provided notice to you of the price or Menu change. By continuing to use the STACS Service after the effective date of a price or Menu change, you indicate your acceptance of such price or Menu change. If you do not agree with a price or Menu change, you have the right to reject the change by cancelling your subscription(s) prior to the effective date of the price or Menu change. Please make sure that you read any notifications of price or Menu changes carefully.

Applicable sales tax may be charged on your order based on local and or Provincial laws

You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of this Agreement.

Cancel or Modify a Subscription

Following your Menu selection and placement and receipt of your first weekly order, you may cancel or modify a subscription to a Menu at any time online by managing your account at STACS.com, or by emailing us at [email protected].

Food Substitution Policy and

Although STACS takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. STACS is not responsible for the unavailability of product due to popular demand, whether discontinued or still in production.

Please Note: STACS’s food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.

Social Media and Interactive Services

You are solely responsible for anything you may post on Social Media or any other Interactive Services. STACS will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Interactive Services.

STACS is not responsible for, and does not endorse, content in any posting made by other users on the Social Media or any other Interactive Services. You are solely responsible for your reliance on anything posted by another user on the Social Media or any other Interactive Services. Under no circumstances will STACS be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Social Media or any other Interactive Services Interactive Services. If you become aware of any misuse of the Sites by any person, please contact STACS at [email protected].

If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. STACS has the right to remove any user contributions from Social Media or any other Interactive Services for any or no reason. STACS reserves the right to take necessary legal action against users.

STACS has the right to terminate your account and your access to the Social Media or any other Interactive Services for any reason, including, without limitation, if STACS, in its sole discretion, considers your use to be unacceptable. STACS may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Interactive Services.

Changes to the Site

STACS may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and STACS is under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on this Site and/or Social Media is subject to our Privacy Policy. By using the Site and/or the Social Media, you consent to all actions taken by STACS with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through this Site and or other transactions for the sale of goods or services or information formed through the Site as a result of visits made by you are governed by this Agreement.

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into this Agreement.

Warranty

STACS makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. STACS cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. STACS cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties.

STACS may disable all or any social media features and any links at any time without notice in our discretion.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, without regard to its conflict of laws rules.