Terms of Use

Last Modified: January 9, 2023

1) Website Terms of Use

Acceptance of the Terms of Use
These terms of use are entered into by and between You and Paris Baguette (“Company“, “we” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms of Use”), govern your access to and use of Paris Baguette’s website www.parisbaguette.ca (our “Website“), any and all affiliated websites (such as www.parisbaguettefamily.com) (“Affiliated Websites”), or on our mobile, web, or desktop applications (“Apps”) (Website, Affiliated Websites, and Apps shall collectively be referred to as “Online Services”), including any content, functionality and services offered on or through Online Services, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Online Services. By using the Online Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://parisbaguette.ca/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Online Services.

The Online Services are generally offered and available to users who are 18 years of age or older, and reside in the United States, Canada or any of their states, provinces, territories, or possessions. Some Online Services may have different eligibility requirements, such as our Paris Baguette Rewards Program. By using any of the Online Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of applicable eligibility requirements. If you do not meet all of the requirements, you must not access or use the Online Services.

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Online Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Online Services and Account Security
We reserve the right to withdraw, amend or modify the Online Services, and any service or material we provide on the Online Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Online Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Online Services, or all of the Online Services, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Online Services.
Ensuring that all persons who access the Online Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Online Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Online Services that all the information you provide on the Online Services is true, correct, current and complete. You agree that all information you provide to register with this Online Services or otherwise, including but not limited to through the use of any interactive features on the Online Services, is governed by our Privacy Policy, incorporated herein by reference, and located at https://parisbaguette.ca/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You are able to withdraw your consent to our collection, use, and disclosure of your personal information. Please note that if you withdraw your consent, we may not be able to provide you with certain of the products, services, communications, or other functionality available through the Online Services.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Online Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights
The Online Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by the United States, Canadian, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Online Services for your personal, non-commercial use only. You must not use, reproduce, distribute, modify, edit, adapt, translate, create derivative works of, publicly display, publicly perform, exhibit, republish, download, reverse engineer, disassemble, make available, store or transmit any of the material on our Online Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Online Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

Without limiting the generality of the restrictions set forth above, you agree that you will not:

Modify, edit, adapt, translate, or create derivative works based on copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Online Services or any services or materials available through the Online Services.

If you engage in any of the foregoing activities in violation of these Terms of Use or provide any other person with access to any part of the Online Services in breach of the Terms of Use, your right to use the Online Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Online Services or any content on the Online Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Online Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks
The Company name, the terms “Paris Baguette”, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use or display such trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Online Services are the trademarks of the Company and its licensors. All right, title, and interest in and to all trademarks are expressly reserved by the Company and its licensors.

Prohibited Uses
You may use the Online Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Online Services:

In any way that violates any applicable federal, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, Canada, or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Online Services, or which, as determined by us, may harm the Company or users of the Online Services or expose them to liability.

Additionally, you agree not to:

Use the Online Services in any manner that could disable, overburden, damage, or impair the Online Services or interfere with any other party’s use of the Online Services, including their ability to engage in real time activities through the Online Services.
Use any robot, spider or other automatic device, process or means to access the Online Services for any purpose, including monitoring or copying any of the material on the Online Services.
Use any manual process to monitor or copy any of the material on the Online Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Online Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Online Services, the server on which the Online Services is stored, or any server, computer or database connected to the Online Services.
Attack the Online Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Online Services.

User Contributions

The Online Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Online Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Online Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, publish, exhibit, transmit, communicate, modify, adapt, translate, perform, display, distribute, make available, exploit and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Online Services.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Online Services or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights, publicity rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Online Services.
Terminate or suspend your access to all or part of the Online Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Services. YOU WAIVE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review material before it is posted on the Online Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, provincial, local and international laws and regulations. Without limiting the foregoing, and as determined by Company in its sole discretion, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, https://parisbaguette.ca/privacy-policy/.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Consist of or comprise any of the Prohibited Uses described above.

Copyright Infringement (United States)

If you are located in the United States believe that any material or content that resides or is accessible on or through the Online Services, including User Contributions, violate a copyright, please email to contactus@parisbaguette.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Copyright Infringement (Canada)

If you are located in Canada and believe that material or content that resides or is accessible on or through the Online Services, including User Contributions, infringes a copyright, please send a notice of claimed infringement to the Company either by email or by mail using the contact information below. The notice must contain the following information:

your name, address, telephone number, and email address (if available);
identification of the work or other subject matter on our Online Services to which the claimed infringement relates;
a description of your interest or rights with respect to the copyright work or other subject matter;
identification of the electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that we are capable of finding and verifying its existence;
the date and time the claimed infringement took place; and
any other information that may be prescribed under applicable laws.

The notice may not contain the following:

an offer to settle the claimed infringement;
a request or demand made in relation to the claimed infringement, for payment or for personal information; or
any reference, including by way of hyperlink, to such offer, request, or demand.

If the notice is compliant with the requirements set out in this section, we will have no legal obligation to take any action in relation to the claimed infringement. If a proper infringement notice is received in accordance with these Terms of Use, it is our policy to remove or disable access to the infringing material; notify the user that posted, submitted, or uploaded the subject content that we have removed or disabled access to, and where we deem appropriate, discipline repeat infringers, in accordance with applicable laws, including by suspending or terminating the infringer’s access to or use of the Online Services in whole or in part.

Please deliver any notice with all items completed to: contactus@parisbaguette.com.

Reliance on Information Posted

The information presented on or through the Online Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Online Services, or by anyone who may be informed of any of its contents.

The Online Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Online Services

We may update the content on the Online Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Online Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Online Services

All information we collect on this Online Services is subject to our Privacy Policy https://parisbaguette.ca/privacy-policy/. By using the Online Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services or information formed through the Online Services or as a result of visits made by you are governed by the Terms of Sale, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Online Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Online Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Online Services may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Online Services.
Send e-mails or other communications with certain content, or links to certain content, on the Online Services.
Cause limited portions of content on the Online Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, if any. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Online Services or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website or Affiliated Websites other than the homepage.
Otherwise take any action with respect to the materials on the Online Services that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Online Services

If the Online Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Online Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Online Services is based in the state of New Jersey in the United States. We provide the Online Services for use only by persons located in the United States and Canada. We make no claims that the Online Services or any of its content is accessible or appropriate outside of the United States. Access to the Online Services may not be legal by certain persons or in certain countries. If you access the Online Services from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Online Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE ONLINE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ONLINE SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE ONLINE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Online Services, including, but not limited to, your User Contributions, any use of the Online Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Online Services.

Governing Law and Jurisdiction

All matters relating to the Online Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Online Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey in each case located in Bergen County although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

To the extent permitted by applicable law, the Company may require You to submit any disputes arising from the use of these Terms of Use or the Online Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE ONLINE SERVICES MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, Terms of Sale and the Copyright Policy, constitute the sole and entire agreement between you and Company with respect to the Online Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Online Services.

Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Online Services should be directed to: contactus@parisbaguette.com.

Last Modified: January 9, 2023

The Paris Baguette Rewards Program Rules

The Paris Baguette Rewards Program (the “Program”) has been established to recognize and reward our loyal Customers. We offer the Program at participating Paris Baguette locations in the United States and Canada, excluding Quebec. If you would like to take advantage of the benefits (“Rewards”), that we offer to Program members, then you must agree to these terms and conditions (“Rules”).

ELIGIBILITY

You may enroll in the Program if: (a) you are a legal resident of the United States or Canada, excluding Quebec, (b) you are at least 16 years of age at the time of enrollment, (c) you have an active e-mail address, and (d) you are a human being. Only human beings may enroll in the Program. No corporations, partnerships, limited liability companies, trusts, or other legal entities may enroll. The Program is not targeted towards, nor intended for use by, anyone under the age of 16.

ENROLLING

To enroll in the Program, download the Paris Baguette (the “App”) on the Google Play or the Apple Store or online at www.parisbaguette.ca/rewards (the “Website”) and follow the steps below. You can also enroll on the Website by following the steps below.

Enrolling in the Program is simple:

Joining through the App:

Download the App from either Google play or Apple Store by searching “Paris Baguette” on your smartphone. Sign in with your name, email address, smartphone number, date of birth and password. Start earning points right away!

Joining through the Website:

Go to www.parisbaguette.ca/rewards

We will use the contact information that you provide on enrollment and account creation to send you Account Transactional emails, described below. If your contact information changes, or if you wish to change your contact information, please log onto the App and update your contact information or preferences.

If any information you provide us is not truthful, accurate and complete, we may block you from enrolling in the Program, or we may cancel your membership in the Program. Each person may have only one Program account (“Program Account”). If Paris Baguette finds that you have created multiple Program Accounts, we may suspend or cancel all Program Accounts you have created. Further, Paris Baguette may refuse to allow you to re-enroll in the Program.

We do not expect to limit the number of customers that we will allow to enroll in the Program, but we reserve the right to do so. We do not charge you a fee to enroll in the Program or to remain a member of the Program.

KEEPING IN TOUCH WITH YOU

Contacting You by Email

There two types of emails from us detailed below.

Account Transactional Emails:

As a condition of enrolling in the Program, you agree that Paris Baguette may send you Account Transactional emails to the email address associated with your Program Account. Account Transactional emails are emails related to the Program and include emails when you receive points and redeem rewards, emails containing information about the Program, for example, improvements we make to the Program, new Rewards you may earn, and Rewards that you have earned that may be ready to expire. If at any time you no longer wish to receive Account Transactional emails, you may cancel your Program Account as described below in the How and When Membership May End section of the Rules. Please note that if you unsubscribe from Account Transactional emails, Paris Baguette will de-activate your Program Account and you will forfeit all points, Rewards, where applicable, and other benefits of being a Program member that you may have earned.

Promotional Emails:

With your express consent, you can also receive Promotional emails containing exclusive insider news and special offers, as well as giving you an opportunity to share your thoughts and give feedback. We will send you this information by email to the email address associated with your Program Account. If at any time you no longer wish to receive such Promotional emails, you may “opt out” and remove yourself from the email list by clicking “Unsubscribe” at the bottom of one of these emails and following the steps provided. Unsubscribing from these Promotional emails will not de-activate your Program Account; you are not required to receive these Promotional emails to remain a member of the Program.

Contacting You through Push Notifications through the App

In addition to receiving email, you can elect to receive Account Transactional and/or Promotional messages through the App. After downloading and opening the App, you will be prompted to either allow or not allow push notifications to be sent to your phone from the App. You may opt out of receiving push notifications from the App at any time; you are not required to opt-in to allowing Paris Baguette to send you push notifications through the App to become or remain a Program member. If you elect to receive push notifications to your phone, you will likely be charged for the data by your carrier and therefore you should check with your mobile phone provider.

PRIVACY

We will use the information you provide us when you enroll and when you update your information to administer the Program, as well as in the manner described in our Privacy Policy. You may read our Privacy Policy by clicking on the Privacy Policy button where it appears on this Website. If we revise our Privacy Policy, then these Rules will automatically refer to that revised Privacy Policy once we publish it on our Web site. You will need your e-mail address and Program password to access your Program Account. You are responsible for keeping the information you use to access your Program Account (i.e., the password for your Program Account) private and secure. If someone besides you learns your Program Account password and uses your password to access your Program Account, then you will be responsible for any actions that person takes as to your Program Account.

Benefits of being a Paris Baguette Rewards Program Member

Earning Points towards Rewards: Qualifying Purchase

Members will earn and receive points by making qualified purchases at Paris Baguette locations. You will earn 1 point for every $1.00 spent, excluding applicable taxes. When you earn 50 points, you’ll automatically receive a Reward for a free item.

To receive points for a qualified purchase, you must either (1) scan the bar code on the receipt from your purchase with the built in scanner in the App; or (2) scan the QR Code within the App from your smartphone at the time of purchase with the scanner at the check-out counter, or provide your email or phone number associated with your account at the time of check-out. After this verification, the points to which you are entitled will be applied to your Program Account within 24 hours. You can track the points and Rewards you have already earned and that you may earn in the future by logging into your Program Account through the App.

(4) qualifying purchases within a 24 hour timeframe will be eligible for earning points. Once four (4) qualifying purchases have been scanned, any additional purchases within the same 24 hour time frame will not be eligible to earn points.

Exclusive Insider News & Special Offers

Program members who consent to receive Promotional emails will have access to exclusive ‘insider’ information – including being one of the first to hear about select new menu items, special promotions, system-wide events, etc. Members will learn about Limited Time Offerings and special promotions through emails sent through the Program and push notifications through the App to their phone, if they consent to these messages.

Paris Baguette Rewards

Points can be earned on in-location and mobile/online orders; points cannot be earned for catering purchases or gift card purchases. Rewards can be redeemed in-location only.

Points earned are non-transferable, have no cash value, and may not be exchanged or redeemed for cash, gratuity or gift cards. Points may not be shared with family members, friends or other Program members. Acceptance or use of the Paris Baguette App or this Program constitutes acceptance of the Rules.

There are three types of Rewards. Where applicable, Rewards expire and will only be valid for a period of time, which is based on the type of Reward issued:

Earned Rewards: Valid for 90 days from the date issued

Promotions Rewards: Valid for 30 days from the date issued

Birthday Reward: Valid for the duration of the birth month you have set up in your App profile

Once you collect an earned Reward, you may start accumulating points towards another Reward. A Reward may not be combined with any gift card, other offer, or coupon. The Rewards you do not redeem will remain on your Program Account until you use them or, where applicable, until they expire, whichever occurs first. Rewards are valid only at participating locations and are void where prohibited.

CHANGES TO THE PARIS BAGUETTE REWARDS PROGRAM OR REWARDS

We may change these Rules from time to time as we deem appropriate in our sole and absolute discretion, with or without giving you prior notice of the change. If we change the Rules, then the revised Rules will be substituted for these Rules on the date the revised Rules go into effect. If the revised Rules require you to accumulate more points to earn a Reward than the prior Rules, or the revised Rules provide that a Reward will expire sooner than the Reward would have expired under the prior Rules, where applicable, then the revised Rules govern.

We have the right at any time, with or without giving you prior notice, to:

End the Program and/or any specific Reward

Change any Reward or other Program benefit we offer

Change the requirements for earning a particular Reward

Change the time you have in which to earn a particular Reward

Change any other feature of the Program

If we decide to end the Program or a specific Reward, we will attempt to provide you 60 days’ prior notice either by e-mailing you at the e-mail address listed in your Program Account or by posting a notice on the Website. However, our failure to notify you that we are ending the Program or that we are ending a specific Reward plan will not give you any right to require us to continue the Program or the specific Reward after the date we end the Program or the specific Reward. Neither will our failure to notify you obligate us to compensate you for any Rewards or credits that you do not use before we end the Program or the specific Reward. Rewards and points you accumulate under the Program have no cash value. If we end the Program, Rewards and points you have earned but not used will expire on the end date, where applicable, and you may not redeem any Rewards or use any points after the end date, where applicable.

To the extent permitted by law, when you enroll in the Program, you waive your rights under any law that may require us to obtain judicial permission to change these Rules or to end the Program.

RESTRICTIONS

Each person that enrolls in the Program must enroll using their own unique App log-in information or e-mail address. Rewards are non-transferable, have no cash value, and may not be exchanged or redeemed for cash, and may not be shared with family members, friends or other Program members. Each eligible person may enroll for the Program only one time, i.e., one Program Account per person.

Only one sign up is allowed per smartphone device.

HOW AND WHEN MEMBERSHIP MAY END

You may cancel your Program Account at any time by following these steps:

Canceling Your Program Account through the App:

Log into your Program Account from your smartphone.

Click on the “Need Help?” section under settings

Click on ‘Contact Support’ to send an email.

Type “Please Cancel my Account” in the subject line and hit “Send”.

Your Program Account will be automatically canceled.

QUESTIONS

Please click here to send us any questions you have regarding these Rules or the Program.

Web Content Accessibility Conformance

In performing any Services hereunder, Provider shall at all times be in substantial conformance with Web Content Accessibility Guidelines (WCAG) 2.0 AA published by the Web Content Accessibility Initiative of the World Wide Web Consortium.

Terms of Use

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