Please read these Terms of Service (“Terms”, “Terms of Service”, “Agreement”) carefully before using the BYO application or letsbyo.com website.
We own and operate this website (letsbyo.com), the related mobile sites and mobile application(s), and selected other domains (collectively, the “Sites”, “Services”). This Agreement constitutes a contract between you and BYO. By accessing and/or using the Sites, you agree to all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Sites. As used in this Agreement, “BYO,” “we,” “us,” and “our” shall mean BYO and its subsidiaries and affiliates.
Participating in the program: Users are to use their personal cups when participating in BYO as none will be provided by BYO or its partner cafes. Users must contribute to the BYO Tree Fund amounting to $0.05 CAD for every drink they purchase in their own cup using the app at point of purchase. Failure to agree to contribute to the BYO Tree Fund is a breach of these Terms and the user may not continue using the Service.
Limitation of Liability: In no event shall BYO or its partner cafes be liable to you for any direct, indirect, incidental, or consequential damages, or any loss or damages whatsoever (even if BYO has been previously advised of the possibility of such damages). Whether in an action under contract, negligence, or any other theory, in any manner arising out of or in connection with the use, inability to use, the performance of, or Services provided on or through the Sites, BYO remains free from obligation.
Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Sites. You may only use the Service if you can form a binding contract with us.
Use of the Services requires that you “Register”. To Register, you must provide certain personal information. By Registering, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Sites (or any portion thereof).
The Sites and everything on them, from text to photos to videos to graphics and software, (collectively, the “Materials”) are owned by BYO. Except as otherwise indicated on the Sites and except for the trademarks, service marks, logos and trade names of other companies that are or may be displayed on the Sites, all trademarks, service marks, logos, trade dress and trade names are proprietary to BYO.
Indemnification: You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach of any provision of this Agreement, your violation of applicable law, your use of the Sites and/or Materials (including without limitation all User Content), and/or all uses by BYO and/or any third party authorized by BYO.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.