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Terms of Use

This version in effect since May 18, 2017.


1. Definitions
In these General Terms and Conditions, the following terms have the following meanings:
“Wacky’s” means Wacky’s and its affiliates.
“Wacky’s Technology” means the Websites and the Mobile Apps.
“Mobile Apps” means the mobile applications and the services provided through the mobile applications that are owned, operated or controlled by Wacky’s.
“Websites” means the websites and the services provided through the websites that are owned, operated or controlled by Wacky’s.

2. Legal Conditions for Use of Wacky’s Technology
By using or downloading information or content from Wacky’s Technology, you represent that you have read and understand these General Terms and Conditions and agree to be bound by these General Terms and Conditions. If you do not agree, do not use or download information or content from Wacky’s Technology. This Website is owned and operated by Wacky’s.

3. Permitted Uses and Access
Wacky’s Technology may not be used by persons in jurisdictions where access to or use of Wacky’s Technology or any part of it may be illegal or prohibited.
 
4. Submissions
You may not use any collaborative browsing or display technologies in connection with your use of Wacky’s Technology or to post comments, communications, or any other data of any kind (collectively, “Submissions”) via Wacky’s Technology with the intention that such postings may be viewed by other users of Wacky’s Technology.
If you send Submissions to Wacky’s or Wacky’s Technology you automatically grant (or warrant that the owner of the Submissions grants) to Wacky’s and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Wacky’s or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Wacky’s and its assigns.
 
5. Other Sites
For your convenience, Wacky’s Technology may contain links to other Websites operated by other persons (“Other Sites”) and Wacky’s has no responsibility or liability for or control over Other Sites, their business, goods, services or content. Wacky’s is not responsible for the content of any Other Sites or any link contained in the Other Sites. Wacky’s reserves the right to terminate any link or linking program at any time. The inclusion of any link to the Other Sites does not constitute or imply an endorsement, authorization, sponsorship or affiliation by Wacky’s of the Other Sites, or any products or services provided by such Other Sites. If you decide to access any of the Other Sites you do so entirely at your own risk, and you will not make any claim against any of the WACKY’S Group arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of the Other Sites.
 
 
6. No Linking, Framing, Mirroring, Scraping, and Data-Mining
Links to Wacky’s Technology without the express written permission of Wacky’s are strictly prohibited. The framing, mirroring, scraping or data-mining of Wacky’s Technology or any of its content in any form and by any method is strictly prohibited.
 
7. Personal Information Privacy
Wacky’s collects, uses and discloses your personal information in accordance with its Privacy Policy, which is available by clicking here and which may be changed from time to time by Wacky’s in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Websites. By accepting these General Terms and Conditions, and each time you use Wacky’s Technology, you consent to the collection, use and disclosure of your personal information by Wacky’s in accordance with the Privacy Policy as it then reads.

8. Copyright and Restrictions on Use
Copyright © 2017, Wacky’s All rights reserved.

Wacky’s Technology including all of its content (including all text, data, graphics, video, audio, images, icons, software, designs, applications and other elements available on or through Wacky’s Technology) as well as its layout, organization and design are copyrighted and are protected by Canadian and worldwide copyright trademark and other laws and treaty provisions. Material and content from Wacky’s Technology (“Materials”) may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Wacky’s (except you may download one copy of the Materials for your personal, non-commercial, internal use). Modification or use of Materials for any other purpose is or will be a violation copyright, trademark, and other laws. Except as otherwise described, all Materials on Wacky’s Technology are made available only to provide information. No right, title or interest of any kind whatsoever will be or is transferred to you by your use or download of Materials from Wacky’s Technology and shall remain with Wacky’s who owns full and complete right, title and interest in, to and associated with Wacky’s Technology and all Materials on Wacky’s Technology. Wacky’s make no representations that Wacky’s Technology or Materials are or will be appropriate, accessible, or available for your use. You are responsible for compliance with all applicable local laws with respect to your use of Wacky’s Technology and Materials.
 
9. Trade-mark Notices
Nothing contained herein shall be construed as conferring, by estoppel, implication or otherwise, any license or right in respect of any trade-mark or other intellectual property right of the WACKY’S, or any other party. The Wacky’s name and logos displayed throughout Wacky’s Technology and all related products and service names are the trade-marks, service marks or registered trade-marks of Wacky’s and are licensed to Wacky’s. Any reproduction of any of these marks, names or logos without the express written consent of Wacky’s is strictly prohibited. All other trademarks are the property of their respective trademark owners.
 
10. Contests
From time to time Wacky’s may make contests available to users of Wacky’s Technology and others. All such contests are governed by these General Terms and Conditions and the applicable Contest Rules. By participating in a contest through Wacky’s Technology, you signify your agreement and acceptance of these General Terms and Conditions and the applicable Contest Rules.
 
11. Severability
The provisions of these General Terms and Conditions are intended to be severable. If for any reason any provision of these General Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
 
12. Termination of these General Terms and Conditions and Wacky’s Technology
If you breach any provision of these General Terms and Conditions, you may no longer use Wacky’s Technology. Wacky’s may, at any time and for any reason and in its absolute discretion, change, suspend or terminate, temporarily or permanently, Wacky’s Technology or any part of it, or your permission to use Wacky’s Technology, without any prior notice or liability to you or any other person. If these General Terms and Conditions or your permission to use Wacky’s Technology is terminated by you, Wacky’s for any reason, then: (a) these General Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of Wacky’s Technology; and (b) Wacky’s may continue to use and disclose your personal information in accordance with Wacky’s Privacy Policy as amended from time to time. 

13. Governing Law and Venue
Wacky’s Technology is controlled by Wacky’s from Sault Ste Marie, Ontario. These General Terms and Conditions will be governed and construed pursuant to the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein notwithstanding any principles of conflict of laws or choice of law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, for any litigation arising out of or relating to the use of Wacky’s Technology, waive any objection to the venue of any such litigation in the  Ontario courts and agree not to plead or claim in any Ontario court that such litigation brought therein has been brought in an inconvenient forum. Proceedings regarding any disputes with respect to These General Terms and Conditions and Wacky’s Technology must be commenced in a court of competent jurisdiction in the City of Sault Ste Marie, Ontario, Canada within six (6) months after such a dispute arose, after which time any and all proceedings regarding such disputes are barred.
 
14. Miscellaneous
Wacky’s may, from time to time, incorporate these General Terms and Conditions into any other terms and conditions or policy issued by Wacky’s (collectively, “Other Terms and Conditions”). Upon incorporating these General Terms and Conditions into Other Terms and Conditions, these General Terms and Conditions and those Other Terms and Conditions shall be considered and interpreted as one collective document except to the extent of inconsistency, in which case these General Terms and Conditions shall govern. These General Terms and Conditions, including any changes made to these General Terms and Conditions from time to time and any Other Terms and Conditions incorporating these General Terms and Conditions, constitutes the entire agreement between you and Wacky’s relating to your use of Wacky’s Technology, and supersedes all previous agreements, written, oral or otherwise, between you and Wacky’s with respect to your use of Wacky’s Technology. Wacky’s may, in its absolute discretion, revise these General Terms and Conditions at any time, without any prior notice or liability to you or any other person, by posting amended General Terms and Conditions on the Websites.

These General Terms and Conditions enure to the benefit of and is binding upon WACKY’S and their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these General Terms and Conditions or your rights and obligations under these General Terms and Conditions without the express prior written consent of Wacky’s, which may be withheld in Wacky’s absolute discretion. WACKY’S may assign these General Terms and Conditions and their respective rights and obligations under these General Terms and Conditions without your consent.

No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these General Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.