Terms of Use

Please read the following Terms of Use and disclaimers carefully before using this website.

The PepsiCo Canada Foundation (the “Foundation”) maintains this website (the “Website”) for your personal entertainment, information, education and communication. Feel free to browse the Website, but please read these terms of use (“Terms of Use”) before doing so.

Your access to and use of the Website is subject to the following Terms of Use. The Foundation reserves the right to update the Terms of Use at any time without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. The most current version of the Terms of Use may be accessed by clicking on the “Terms of Use” link located at the bottom of the Website. By using, accessing and browsing the Website, you signify your acceptance of the Terms of Use, without limitation or qualification. If you do not agree to these Terms of Use, then please do not use the Website.

Information regarding the Foundation, including, without limitation, its auction and store items, is applicable only in Canada unless otherwise noted. The Foundation makes no representations that the materials in this Website are appropriate or available for use in other countries aside from Canada. Those who do access this Website from other countries are solely responsible for compliance with local laws of that country.

Your credit card will be charged at the time your transaction is processed. All purchases, registrations and donations are final. No refunds or exchanges online. Please note that tax receipts will not be issued for purchases. The Foundation is a registered charity and will issue tax receipts for monetary donations of $20 or more, as well as for eligible amounts of registration fees.

While the Foundation uses reasonable efforts to include accurate and up to date information in the Website, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Website.

The Foundation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without any notice.

As a condition of your continued access to and use of the Website, you may not modify, alter or change any materials or distribute, publish, transmit, reuse, re-post or use the content of the Website for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the materials is strictly prohibited and is a violation of the rights of the Foundation and/or third parties, including, without limitation, under copyright laws, trade-mark laws, and laws of privacy and publicity.

To access certain portions of the Website and/or to purchase store items or register online, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided therein, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration changes.

Upon registration, you may be given a password or access code. You alone are responsible for keeping that password or access code confidential, and for any and all activity that occurs on this Website under such password or access code. You agree to immediately notify the Foundation of any unauthorized use of your password or access code or any other breach of security.

We are unable to accept ideas and suggestions (“Submission”) from outside our organization. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of the Foundation.

The Foundation’s use of any personal information you submit to the Website is governed by the Website’s Privacy Policy.

Use of and browsing in the Website is done at your own risk. Neither the Foundation nor any other party involved in creating, producing or delivering the Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Website, or uploading content to the Website, or downloading of any materials, data, text, images, video or audio from the Website, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

IN NO EVENT SHALL THE FOUNDATION, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE WEBSITE, YOUR USE OF ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by the Foundation. The Foundation makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to indemnify and hold harmless the Foundation, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, losses, and expenses (including reasonable legal and accounting fees) arising from your violation of these Terms of Use or of any third party right including, without limitation, any copyright, trade-mark or privacy right.

You should assume that all materials, designs, text and images contained in the Website (collectively, the “Materials”) are copyrighted property of the Foundation or related entities. The Foundation neither warrants nor represents that your use of these Materials will not infringe rights of third parties unrelated to the Foundation.

This Website contains many valuable trademarks, names, titles, logos, images, designs, and other proprietary materials that are owned or used under licence by the Foundation or related entities (the “Trade-marks”). Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these Trade-marks. If you misuse any Trade-mark in violation of these Terms of Use, the Foundation, PepsiCo Canada or related entities will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

All offers set forth on the Website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

This Website may link to other sites not maintained by or related to the Foundation. Such links are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Website or with the products and services of the Foundation. The Foundation has not reviewed all of the sites linked to the Website and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.

These Terms of Use are governed and interpreted under the laws of the Province of Ontario. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use, together with the Privacy Policy and any other legal notices published by the Foundation on the Website, shall constitute the entire agreement between you and the Foundation with respect to the Website. You acknowledge that any other agreements between you and the Foundation with respect to the Website are superseded and of no force or effect.