TERMS AND CONDITIONS OF USE
Last Modified: October 31, 2019
TEC Enterprises Ltd. (“we”, “us” or “our”) is a corporation formed pursuant to the Business Corporations Act, SBC 2002, c 57 in British Columbia, Canada. In consideration for permitting your access to our website and online member subscription service and other good and valuable consideration, you agree as follows:
These terms and conditions of use (the “Terms“) form a legally binding agreement which govern your access to and use of our website (“Website“) and our online information subscription service (the “Service“) which are hosted at https://cocowest.ca and other domains and sub-domains.
These Terms have provisions which limit our liability and impose obligations on you. You must review these terms, along with any policies incorporated by reference, before using the Website and Service. By using our Website and Service, you, the user (“you” or “your”), represent and warrant that (i) you are of the age of majority in your Province or State; and (ii) you have read and understand these terms and agree to be bound by them.
Restrictions on Use
Without limiting any other provision of these Terms, you agree and acknowledge that these Terms place restrictions on your ability to:
- Copy, share, sublicense or sell access to information posted on our Website and Service, whether such information is displayed publicly or only available as part of your paid subscription;
- Share your paid account access with any third party; and
- Use bots or automated systems to scrape or pull data or information from our Website or Service without our express written consent.
If you are using the Website and/or service on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, “you” and “your” will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and TEC Enterprises Ltd.
About Our Website and Subscription Service
We are not affiliated with or endorsed by Costco in any way.
Our Website operates as an informational blog that provides information on deals, unadvertised sales, clearance items, food reviews and recall notices for Costco in Western Canada. Our Website and all contents publicly displayed are free to access. However, to help you save money at Costco, our subscription Service operates as a paid membership to grant subscribers early access, via email notices and an online account, to information on deals, unadvertised sales and clearance items in stores.
Establishing an Account
You can browse the public facing sections of our Website and Service without establishing an account. However, in order to subscribe to our paid membership subscription Service and access exclusive content, you must register for an account.
Upon establishing, duly paying for and maintaining your membership for the Service, we grant you a worldwide, non-transferable, non-exclusive license to access the Service in accordance with these Terms. However, we reserve the right to revoke the license and your access to our Service at any time, whether due to non-payment of your membership, a breach of these Terms or upon us no longer offering the Service.
If you establish an account with us, access to your account is not transferrable and is only intended for you, the individual or entity that established the account. Upon setting up an account you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Website and Service and you agree (i) not to disclose your password to any third party; and (ii) for your own security, to use a unique password that you do not use for any other website or online service. You agree you are responsible for any activity on your account, whether or not you authorized that activity. However, you agree to immediately notify us of any unauthorized use of your account.
You understand that the technical processing and transmission of the Website and Service, including your content and account information, may be transferred unencrypted, hacked or stolen by third parties and involve transmissions over various networks and devices. You accept all risks associated with registering for and accessing your account.
Our membership subscription prices and terms applicable to the duration of your membership to the Service are available online at https://cocowest.ca/register/. Those membership prices and terms are incorporated by reference herein.
While we may advertise a fixed number of scheduled posts associated with your paid membership, you agree and acknowledge that our regularly scheduled membership emails and posts may be delayed or skipped from time-to-time due to various factors, including but not limited to, holidays, our staff availability and unforeseen circumstances.
While prices and any membership discounts listed on the Website and Service are subject to change without notice, we will never retroactively apply any changes to your membership subscription fee. Any changes posted to the pricing of our membership subscription fees are posted in respect of (i) new subscriptions; and (ii) membership renewals, at the end of your then current annual membership period.
Membership Automatic Renewal
We offer annual memberships to our subscription Service. Your membership will automatically renew at the end of your then current annual subscription period, until you elect to cancel your subscription.
Cancellation of a Subscription
Fees for your annual subscription period are due and paid in advance. You may cancel your annual paid membership subscription any time prior to its automatic renewal. If your subscription automatically renews, the cancellation of your membership will be applied to the following annual period. You will continue to have access to your account for the duration of any prepaid membership subscription period.
To cancel and not renew your subscription for the next annual cycle, follow the links in your account, or email us at email@example.com.
You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from your access to and use of the Website and Service.
If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your membership to the Service, you remain responsible for any uncollected amounts. We also reserve the right to cancel your membership or account access to the Service if we are unable to successfully charge your payment method, whether to initially purchase or renew your subscription.
Acceptable Use of your Account and Information You Obtain From Us
In accessing and using our Website and Service, you agree that you:
- Will not rent, sublicense, transfer, sell access to, or exploit, for any commercial purposes, any portion of the Website or Service or their contents, including, without limitation, access to your account or information accessible on the Website, Service or via your membership, including for example, information we post or send you on Costco deals, unadvertised sales, clearance items and food reviews;
- Will not use your account for your own commercial purposes by sublicensing any rights granted by these Terms or, in any way, sharing the benefit of your account with others. Your account is non-transferrable and may only be used by you;
- Will not copy, distribute, share, create derivative works of, or otherwise alter or use any content (including written text, images and logos) on our Website or Service, in whole or in part, for any purpose whatsoever except as expressly authorized by us;
- Will not disclose your password or transfer your account on the Service to any third party;
- Will not access the Website and Service by any means other than through the interface provided by us at https://cocowest.ca. This includes not using or launching any automated system including, without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Website or Service for any purpose;
- Will not use the Website or Service in a way that has any unlawful or fraudulent purpose or effect;
- Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Service, or their contents, in whole or in part; and
- Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Service.
ACCEPTANCE OF RISK AND DISCLAIMERS
Everything on our Website and provided as part of our Service is provided “as is” without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
Costco deals, discounts and offers published on our Website and Service are based on our research and the research of third parties we may employ or contract with. We make no representations and grant no warranties that the information displayed on our Website or Service is entirely accurate, reliable or will remain valid for any specific period of time.
For greater certainty, any deals, discounts or offers published on our Website or Service are not deals, discounts or offers made by us. Nor do we enforce or assist you in obtaining such deals, discounts or offers. We merely research and share with our users, members and subscribers such deals, discounts and offers we research, whether in-stores or otherwise.
Deals, discounts and offers we publish related to Costco may have additional terms we have not documented, may have expiration dates and may be limited in stock or quantity. Other various restrictions to deals, discounts and offers we publish, in respect of Costco may also apply.
While we may publish information of product recalls, we do not publish information on each and every product recall made by Costco, or product manufacturers who sell their products at Costco. Accordingly, you should not view our lists of product recalls as exhaustive.
We make no representation or warrant that any Costco deals, discounts or offers published on our Website or Service will be, or remain valid for you, or are valid at each and every Costco location.
You agree that, while we strive to have error free and uninterrupted Service, we do not guarantee the absence of errors, omissions or interruptions, nor shall you hold us liable for any damage such errors, omissions or interruptions may cause.
You agree and acknowledge that our Website and Service may experience downtime for both regular and unscheduled maintenance, updates and upgrades.
We rely on a range of third party service providers to make our Website, Service and their contents available to you, including researchers, website hosting providers, software providers, email subscription newsletter providers, advertising networks and others.
To the fullest extent permitted by law, without limiting the generality of this section, or any other section of these Terms limiting our liability, you agree that we shall not be responsible for the acts or omissions, including the negligent acts or omissions, of our independent contractors or third party service providers.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING VIA NEGLIGENCE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR ACCOUNT AND DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY), OVER THE PRECEDING TWO (2) MONTHS FROM THE DATE YOU FIRST RAISED YOUR CLAIM WITH US, OR, CAD $25.00, WHICHEVER IS LESS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by us and by third-parties. You are not permitted to copy or distribute any content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service without the express consent of the owner. All other contents of the Website and Service including, but not limited to, the computer code, is the property of TEC Enterprises Ltd. and/or our independent providers, as applicable, with all rights reserved.
The Website, Service and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Service or their contents.
Without limiting the generality of the forgoing, you are not permitted to use any trademark or trade name of TEC Enterprises Ltd., including our logo without our express permission.
Our Website and Service may permit you and other users the ability to upload and post content (“User Content“). We do not pre-screen User Content uploaded or posted to the Website or Service by you or other users. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Website or Service in order to facilitate their ordinary use.
You agree not to use the Website or Service in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, inaccurate, misleading, inauthentic or violate any third-party’s intellectual property rights, these Terms or any policy incorporated by reference herein.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website or Service, please notify us at firstname.lastname@example.org. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer’s account.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website or Service, we are not responsible for their content (the “Linked Sites“). The Linked Sites are for your convenience only and you access them at your own risk. We and other users provide links and references to material on other websites not owned or operated by us. Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction.
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, Canada (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such Province.
You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of British Columbia, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in anyway related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the fullest extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.
To the fullest extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
Though we would much rather you stay, you can stop using our Website and Service at any time. Please contact us to learn more about cancelling your account. We reserve the right to suspend your account or access to our Website or Service at any time, with or without cause, and with or without notice.
The cancellation, suspension or termination of access to our Website or Service shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this Agreement
These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the transfer of control of TEC Enterprises Ltd., or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the course of using your account with us or using our Website and Service, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third party service providers, including but not limited to, payment processors, credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
Any new features that augment or enhance the current Website and Service, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms. Continued use of the Website and Service after any such changes shall constitute your consent to such changes.
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND SERVICE AND TERMINATE YOUR ACCOUNT, SUBJECT TO THE TERMS PROVIDED FOR HEREIN. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.