GENERAL TERMS OF USE FOR THE KEURIG^® LOYALTY PROGRAM

Welcome to the Keurig^® Loyalty Program, which offers privileges to members using the Keurig.ca site, and is offered by Keurig Canada Inc. (“Company”). Please note that members might receive tailored content in the future related to their previous purchase habits.

PROGRAM ELIGIBILTY AND REGISTRATION

• Customers can join the Keurig^® Loyalty Program at any point throughout the calendar year and will be referred as “Member” or “Members”.
• Joining the Keurig^® Loyalty Program (the “Program”) is free of charge, and no purchase is required.
• The Program is open to individuals who are residents of Canada who have reached the age of majority in their province/territory of residence.
• Membership is reserved for individuals only. To register for the Program, you must create an account via the Keurig Canada website (the “Account”). To do so, visit Keurig.ca and click the Keurig^® Loyalty Program content displayed, then follow the instructions on the screen and submit all information required, including your full name and email address. To participate, you will have to accept the terms and conditions by checking a box.

The personal information collected through your Account is required to manage your purchases and the Program and will be managed in accordance with our Privacy Policy. Once the Account is opened, you will be a member of the Program (hereinafter referred to as “Member”). For more information regarding the information we collect and how is used and stored, please read our Privacy Policy. To create an Account and participate in the Program, you need to read and agree to our Privacy Policy which describes how your personal information will be collected, used and stored.

By accepting the terms and conditions and joining the Program, Members agree to be bound to these General Terms (the “Terms”), and any modifications we might make thereto from time to time, subject to the terms of the “MODIFICATION OR TERMINATION OF THE KEURIG^® LOYALTY PROGRAM” section below.

Each Member will be assigned a My Rewards Page, accessible via their Account. Access to this My Rewards Page allows Members to view their profile and their benefits as part of the Program.

Membership participation is a privilege subject to the Terms. You cannot transfer membership or any of the benefits of membership to another Member or individual. Allowing any access to your Account by a third party is strictly prohibited.

You agree to be entirely responsible for any activities that occur with the use of your Account and agree that you will not share your password with anyone. You also agree to contact us immediately if you have reason to believe that the confidentiality of your Account or your password has been compromised. Finally, you agree to sign out of your Account at the end of each visit. Company reserves the right to change passwords at any time to help protect the security of the Keurig.ca site. We are not responsible for your failure to comply with this provision, or for any delay in shutting down your Account after you report a breach of its security to us.

PROGRAM BENEFITS

• Program Members will receive a promotional purchase credit (“Cashback dollars”) on purchases on Keurig.ca, as follows:
  • Upon registering to the Program, Members will receive a purchase credit equivalent to 3% of the value of their first purchase on Keurig.ca (an “Eligible Purchase”), calculated based on the subtotal value of the Member’s order including applicable discounts and shipping fees. For the purpose of earning Cashback dollars, federal and provincial taxes are ineligible.
  • Following this initial purchase, if a Member makes a subsequent Purchase on Keurig.ca in the next 60 days, they will receive an additional Cashback percentage equaling to 6% total. If subsequent purchases are made within continuous 60-day periods, the Member will continue to earn 6% Cashback.
  • If no new purchase is made within a 60-day period, Members will only receive 3% Cashback. The additional 3% cashback (totaling to 6%) will be reinstated once a subsequent purchase is made within a 60-day period.
  • For example, if you place an initial order on January 1, 2022, and a subsequent order on February 22, 2022, you will earn 6% Cashback dollars, as you are within the 60-day period. If you place a third order on May 4, 2022, you will only earn 3% Cashback dollars, as you are no longer within the 60-day period.
  • Company may decide, in its discretion and from time to time to launch a promotion where the Member can receive a higher Cashback dollar percentage. These promotions may have terms that apply in addition to these Terms. For example, we may change the rate at which you earn Cashback dollars on particular purchases, or for a particular time period. From time to time and at our discretion, we may also choose to offer gratuitous Cashback dollars unrelated to any purchase of goods or services, subject to applicable law, and we may specify that such gratuitous points expire after a period of time.
  • If a Member returns an item purchased on Keurig.ca, the Cashback dollars earned for that purchase will be subtracted accordingly from their account.
• Only Eligible Purchases made via Keurig.ca count towards the Program. For the avoidance of doubt, purchases made in brick-and-mortar retail stores, on any other website, or via any other channel are not eligible for Cashback dollars.
• Members can verify the balance of their Cashback dollars at any time by consulting the My Rewards Page of their Account. Please note that it may take up to 24 hours for an Eligible Purchase to be recognized as a Cashback dollar transaction in your Account. Please note that the My Rewards Page of your Account will update automatically to reflect the necessary changes after said period. Members earn Cashback dollars on all Purchases, even if they are paying with earned Cashback dollars.
• Cashback dollars can be redeemed on all purchases on Keurig.ca. To redeem Cashback dollars, first, ensure you are signed into your Account. Second, add items as you would normally to your basket. At the checkout, you will be able to see your Cashback dollars balance. You can then allocate an amount of your Cashback dollars to your current purchase. Confirm your order. To check your Cashback dollars balance, simply login to your Account and head to the loyalty tab.
• Cashback dollars redeemed on a purchase on Keurig.ca will be applied at a rate of 1 Cashback dollar to $1 CAD. For example, a Member who chooses to apply 10 Cashback dollars will receive a discount of $10 CAD on their purchase.
• During the redemption phase, Cashback dollars are applied after applicable taxes. On any purchase, the maximum number of Cashback dollars that can be redeemed is equivalent to the total value of the purchase. For the avoidance of doubt, in no case can the redemption of Cashback dollars bring the total cost of a purchase below $0 CAD.
• Upon registering, Members can use their 3% Cashback dollars immediately towards an Eligible Purchase. They can also save their Cashback dollars for future a future purchase instead.
• Cashback dollars cannot be exchanged for cash or credit and can only be redeemed on Eligible Purchases on Keurig.ca. They represent a numerical discount figure and must not be treated as liquid cash or credit.
• Cashback dollars are not assignable for any reason and are not transferable between or among Accounts or Members, unless we provide express written permission, which we may grant, or deny, in our sole and absolute discretion. The sale or exchange of Cashback dollars is prohibited and may result in the forfeiture of any and all Cashback dollars as well as termination of a Member’s Account, which in each case shall be final and conclusive in our sole and absolute discretion.
• Company reserves the right to invalidate Cashback dollars if it determines, in its sole and absolute discretion, where such Cashback dollars were improperly credited or obtained fraudulently, or in a manner not described in these Terms.
• Subject to the limitations set out in these Terms, Members may redeem all their Cashback dollars in one transaction or may redeem only a portion of their Cashback dollars. Any Cashback dollars used will be debited from your Account.
• Cashback dollars will expire after one (1) year (or more) of inactivity on the Member’s Account. If, prior to the expiry, the Member reactivated the Account (e.g. by earning or redeeming points), that would reset the clock, and the Cashback dollars will not expire until there had been another contiguous period of inactivity.
• If you return the total or a portion of your purchase, or if the total or portion of your order is cancelled by Keurig.ca, the Cashback dollars earned from the items returned will be deducted from the Member’s Account.

GENERAL PROGRAM TERMS

Members acknowledge and accept the features and limits of the Program functioning and information processing system used to administer the Program. In particular, technical malfunctions may occur, for reasons, such as, but not limited to, electrical surges, occasional failure of electronic components, or software programming or design errors that are entirely or partially involved in the Program’s functioning. Company is not responsible for such issues.

In all cases where Company reasonably believes that Cashback dollars may be unduly credited to or debited from a Member’s Account by, for instance, due to a technical malfunction or as a result of the Member’s violation of these Terms, any credit or debit will be cancelled by Company in its absolute discretion, without the Member being able to claim or demand any compensation or reparation. If you believe that your Account has been the subject of an error in this regard, please contact customer service at 1-800-361-5628.

Members are responsible for ensuring that earned Cashback dollars are properly credited. If a Member believes that Cashback dollars have been earned, but not properly credited, such Member may be required to submit documentation or other proof satisfactory to Company. Any claim for Cashback dollars that have not been credited must be received by Company within 12 months after the Member believes the Cashback dollars were earned. Cashback dollars cannot be earned on past orders prior to enrollment.

Company is not responsible for any direct or indirect damages associated with a technical malfunction or any suspension, temporary or permanent, of the benefits of the Program.

MODIFICATION OR TERMINATION OF KEURIG^® LOYALTY PROGRAM

Company reserves the right to cancel, suspend, modify or amend any part of the Program or these Program Terms at any time. This means that the accumulation of Cashback dollars does not entitle Members to any vested rights with respect to Company, rewards or benefits. Without limiting the generality of the foregoing and to the fullest extent permitted by applicable law, Company reserves the right to: (i) modify Program eligibility, participation, or membership requirements; (ii) modify the way in which Cashback dollars are earned, redeemed, retained, or forfeited, including amongst other things the earn and redemption rates and what constitutes an Eligible Purchase; (iii) add, withdraw, limit, modify or cancel any other reward or benefit that may be available under the Program, and/or (iv) otherwise restrict the continued availability of Cashback dollars.

For Members who are not residents of the province of Quebec: should Company make any such change, it will post the amended Program Terms on its website and will indicate the date on which the Program was last revised.

For Members who are residents of the province of Quebec: should Company make any such change, you will be provided with written notice of any changes to these Terms 90 days before such changes take effect.

Company reserves the right to sell or transfer all or part of the Program to an affiliate / parent company or to a third party due to merger or other corporate reorganization.

The Program may be suspended or terminated without prior notice. In case of suspension or termination of the Program for any reason whatsoever, Company will have no liability to Members and will be automatically free of any claim by Members regarding said suspension or termination.

If a Member decides to close their Account, they are choosing to terminate their agreement to this Terms, and they must use their remaining Cashback dollars before doing so, otherwise, as Member will no longer have access to their Cashback dollars upon closing the Account and termination. Once the Account is closed, there is no way to redeem lost Cashback dollars and they will be considered forfeited.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Keurig Canada Inc. shall not be responsible for any website or app failure, or any technical malfunctions with the server, equipment, Internet, system or any other technological issues.

By joining the Program you agree, to the fullest extent permitted by applicable law, to release and discharge Company, our parent company, affiliates and representatives, our officers, directors, agents, representatives and successors from any loss, liability, claim, demand, damage or expense asserted by any person or entity including, without limitation, relating in any way to the Program.

APPLICABLE LAW AND CONFLICT RESOLUTION

For Members who are not residents of the province of Quebec: The General Terms of Use of the Program will be governed by the laws of the province of Ontario and the federal laws applicable therein. For Members who are not residents of the province of Quebec any controversies arising regarding these Terms and Conditions will be solved under the Ontario courts.

For members who are residents of the province of Quebec: The General Terms of Use of the Keurig^® Loyalty Program will be governed by the laws of the Province of Quebec and the federal laws applicable in Quebec. For Members who are residents of the province of Quebec, any controversies arising regarding these Terms will be solved under the Quebec courts.

QUESTIONS

For questions or comments regarding this Program, please contact Company by calling our Customer Service Support at 1-800-361-5628.