(1) 2480821 Ontario Inc., a corporation incorporated under the laws of Ontario, conducts business as NEW YORK FRIES with corporate and franchise owned across the country for the operation of restaurant outlets specializing in the sale of french fried potatoes.
(2) New York Fries, by itself or through its affiliates, issues bar-coded and reloadable stored value digital or printed cards as part of promotional program called Fry Society (the “Fry Society Card”) from its website at www.newyorkfries.com (the “Website”) or from New York Fries outlets. A Fry Society Card purchased online is downloadable onto the customer’s mobile device or printed. A customer can register and logon to the website to access various services, including view, update, make changes to the customer’s account, check Fry Society Card balance and top-up/reload Fry Society Card, etc. (the “Services”).
(3) By registering on the Website, purchasing or using the Fry Society Card and the Services, you agree to these terms and conditions.
(4) As we continue to develop and improve our products and services, additional products and services may be made available to you. We will, from time to time, modify or update these terms and incorporate additional terms. These modified, updated or additional terms become part of your agreement with us if you continue to use the Fry Society Card and the Services.
Currently, there are two (2) levels of participation in Fry Society Card program. By opening an account and registering a Fry Society Card, you will be automatically enrolled at the Member Level. Members who store value on their Fry Society Card qualify for the Aficionado Level for the following twelve (12) month period, as long as they retain a value on the card.
(1) A customer has to register and create an account with New York Fries on the Website before purchasing a Fry Society Card. You agree to provide true, accurate, current and complete information about yourself ("Personal Information") during registration.
(2) Your Personal Information is retained and used by New York Fries and/or its affiliates (including third party service providers such as digital loyalty card service providers, payment processors and data analytics firms) for the following purposes:
(3) Personal information may also be used for other purposes, subject to obtaining your prior consent for such use.
(1) There are no membership fees associated with the Fry Society Card. Points accumulated under the program are promotional and have no cash value.
(2) You are responsible for all equipment necessary for your use of the Fry Society Card and Services, including a mobile device, connection to telecommunication services and the World Wide Web and for paying for any and all third party access charges (e.g., ISP, telecommunications) incurred while using the Fry Society Card and Services.
(3) Fry Society Cards regardless of where purchased are redeemable only in Canada and may be presented as payment, redemption of rewards or collection of loyalty points only at participating restaurants in Canada.
(4) Once issued, a Fry Society Card is non-refundable.
(5) Lost or stolen Fry Society Cards or Fry Society Cards used without your authorization cannot be replaced or replenished.
(6) Fry Society Cards cannot be redeemed for cash and no change will be given. Any balance remaining on a Fry Society Card is available for your next visit(s) to a participating restaurant.
(7) For security reasons, you may use a credit card only for one account. New York Fries and/or its mobile store card provider, Virtual Next Inc., do not store Customers’ credit card information.
(8) You are responsible for the payment of all goods and services taxes.
(9) Fry Society Cards purchased as gift cards cannot be re-gifted.
(10) Certain promotions offered by New York Fries may not apply to gift cards.
(11) New York Fries may change the requirements necessary to earn Points at any time and without prior notice to you.
(12) Fry Society Points are earned a maximum of once per day, on your first transaction of the day only.
(13) New York Fries reserves the right to correct the balance on your Fry Society Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Fry Society Card, please contact us at email@example.com. We will investigate and communicate the results to you and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 30 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
(1) You are solely responsible for maintaining the confidentiality of your username, password and account, and are fully responsible for all usage or activity on your account, including use by any third party, whether authorized by you or otherwise.
(2) You agree to (i) immediately notify us of any known or suspected unauthorized use(s) of your username, password or account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your username, password or credit card information; and (ii) exit from your account at the end of every purchase.
(3) New York Fries and/or its affiliates will not be liable for any loss or damage arising from your failure to comply with these terms and conditions.
(1) Access and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas may be subject to prosecution.
(2) The use of the Fry Society Card and Services are subject to existing laws and legal process. Nothing contained in this agreement will limit New York Fries’ right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Fry Society Card and Services.
(1) We are constantly changing and improving the Fry Society Card and Services. We may add or remove functionalities or features, and we may suspend or stop a service altogether.
(2) You may stop using the Fry Society Card and Services at any time. If you stop using the Fry Society Card and/or Services, there shall be no refund of the balance remaining in your card.
(3) New York Fries may terminate any promotion offered to customers at any time without notice or liability.
(4) We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Fry Society Card and Services. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Fry Society Card account less any amounts that you may owe us.
(1) You hereby agree to indemnify, defend and hold New York Fries and/or its affiliates and all of New York Fries’ and/or its affiliates’ officers, directors, owners, employees, agents, suppliers, partners and licensors (collectively, the "New York Fries Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any New York Fries Party in connection with any claim arising out of:
(1) New York Fries and/or its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Fry Society Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. New York Fries does not represent or warrant that your Fry Society Card will always be accessible or accepted.
(2) In the event that New York Fries 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 Fry Society Card. New York Fries and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our affiliates have been advised of the possibility of such damages.
(3) In no event shall New York Fries or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Fry Society Card 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.
(4) The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
(1) Your points, rewards, registered Fry Society Cards, and your account are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Fry Society account.
(2) New York Fries reserves the right to terminate your account and/or your participation in the Fry Society Card promotions if New York Fries determines in its sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. New York Fries also reserves the right to “unregister” and make ineligible for the New York Fries promotional program any Fry Society Card or account that has been inactive for two (2) consecutive years. Inactive is defined as no points earned. New York Fries reserves the right, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative.
(3) New York Fries reserves the right to terminate, discontinue, modify or cancel the Fry Society Card promotional program at any time and in its sole discretion without notice to you.
(4) New York Fries’ failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of such right or provision. This agreement and your right to use the Fry Society Card and Services may not be assigned.
(5) This agreement will be construed in accordance with the laws of the Province Ontario
(6) If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. Where a court is unable to construe any unenforceable or invalid provision to make it binding, the court will sever and delete the provision. In any event, all other terms which remain valid and enforceable will survive and remain in full force and effect.
If you have any questions regarding this Agreement, please contact email: firstname.lastname@example.org or call us at 1-855-846-7743.