Calgary Co-op Membership Terms & Conditions

CALGARY CO-OP MEMBERSHIP TERMS AND CONDITIONS

LAST UPDATED: January 5, 2024

Definitions

In these Calgary Co-op Membership Terms and Conditions:

“Account” has the meaning set out in section 7 of these Terms.

“Act” means the Cooperatives Act, SA 2001, c C-28.1, as amended.

“Allocating Purchases” have the meaning set out in section 8 of these Terms.

“Applicant” means an Individual or entity that has submitted an online application for a Calgary Co-op membership.

“Bylaws” means Calgary Co-op’s Bylaws, as amended (available at: https://www.calgarycoop.com/wp-content/uploads/2023/07/2023-Bylaws-as-Amended-FINAL.pdf).

“Calgary Co-op”, “we”, “us”, and “our” means Calgary Co-operative Associated Limited.

“Calgary Co-op App” means the Calgary Co-op mobile application.*

“Designated Household User” means an individual who (i) is over the age of 18; (ii) is not a Member; (iii) resides at the same address as a Member; and (iv) accepts an invitation from the Member with whom they reside to be a Designated Household User and creates a Verified Account in accordance with these Terms, and the Calgary Co-op Mobile App Terms and Conditions, the Calgary Co-op Rewards Program Participant Terms and Conditions, and the Calgary Co-op ECommerce Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-e-commerce-terms-conditions).**

“Individual” means a natural person.

“Joint Member” means the holder of a joint membership as set out in section 3.02 of the Bylaws.

“Member”, “you” and “your” means an Individual or entity that is a registered Member-Owner of Calgary Co-op in accordance with the Bylaws, Calgary Co-op’s Articles of Incorporation (as amended), the Act, the Regulations, and these Terms, including a Joint Member.

“Membership Card” means a printable membership card, a physical membership card, and digital membership card provided to a Member by Calgary Co-op.

“Regulations” means the Cooperatives Regulation, Alta Reg 55/2002, as amended.

“Terms” means these Calgary Co-op Membership Terms and Conditions.

“Verified Account” has the meaning set out in section 7 of these Terms.

“Websites” means calgarycoop.com, calgarycoopwinespiritsbeer.com, and coopcannabis.com, which are owned and operated by Calgary Co-op.

“You” and “your” mean an Applicant and/or a Member, as applicable.

All other capitalized terms used in these Terms shall have the meaning as set out in the Act, the Regulations, and/or the Bylaws.

Application and Acceptance of Terms

These Terms together with any documents or additional terms incorporated by reference, govern the application process for membership in Calgary Co-op and the administration of Members’ Calgary Co-op memberships by Calgary Co-op.

Membership in Calgary Co-op is not open to anyone under the age of 15, and the Website and Calgary Co-op App are not targeted towards, nor intended for use by, anyone under the age of 15. If you are between the ages of 15 and the age of majority in your jurisdiction of residence, you may only apply for and/or hold a Calgary Co-op membership with the consent of a parent or legal guardian who agrees to be bound by these Terms. If you are between the ages of 15 and the age of majority in your jurisdiction of residence, then you must review these Terms with your parent or guardian, and obtain consent from your parent or guardian to accept these Terms, including as they may be amended from time to time. For the purposes of these Terms, all references to an “Applicant”, “Member”, “you” and “your” will include your parent or guardian on your behalf, as applicable.

Submitting an application for membership in Calgary Co-op constitutes your agreement to be bound by these Terms, as amended. If you do not agree with these Terms or any amendments, then you must not apply for membership in Calgary Co-op. Existing Members’ use of their unique membership number and/or Membership Card constitutes their agreement to be bound by these Terms, as amended.

There Terms constitute a binding legal agreement between each Applicant and Calgary Co-op and between each Member and Calgary Co-op. All Applicants must read these terms carefully before submitting an application for a Calgary Co-op membership. Calgary Co-op reserves the right to modify or amend these Terms without notice at any time. As such, it is important that all Applicants and Members review these Terms on a regular basis so that all Applicants and Members are aware of any such changes. You waive any right you may have to receive specific notice of such changes or modifications, and your applying for a Calgary Co-op membership, or your use of your unique membership number and/or Membership Card following any such changes or modifications confirms your acceptance.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Calgary Co-op for other products or services, such as Calgary Co-op gift cards.

Failure to comply with these Terms or abuse of membership privileges may result in the refusal of an Applicant’s membership application, termination of a Member’s membership, or the curtailment of certain privileges in accordance with the Act, the Bylaws, and the Regulations.

Application Forms

Membership in Calgary Co-op is open to any Individual or entity who meets and accepts the obligations of Member-Owners set out in the Bylaws, the Act, and the Regulations, and who:

in the case of an individual, is 15 years of age or older; purchases, as a condition of membership, at least one Membership Share; and submits to Calgary Co-op:
1. an application for membership in the form approved by the Directors for that purpose; and
2. payment for the Membership Share(s).

You may apply for a Calgary Co-op membership using the online application form available at: https://www.calgarycoop.com/membership/become-a-member, or in-person at a Calgary Co-op food store.

Calgary Co-op relies on the information that you provide us in order to consider your application. All information provided by you to Calgary Co-op for the purpose of applying for a Calgary Co-op membership must be truthful, complete, accurate, and in no way misleading. Calgary Co-op reserves the right, in its sole and absolute discretion, to refuse membership to any Applicant or to revoke the membership of any Member should Calgary Co-op determine (in its sole and absolute discretion) that such Applicant or Member provided untruthful, incomplete, inaccurate, or misleading information to Calgary Co-op for the purpose of applying for a Calgary Co-op membership. You are responsible for and are required to immediately notify Calgary Co-op of any changes to any information you provide to us in connection with your application for a Calgary Co-op membership, and you are solely responsible for any loss, damage, costs or claims that you, we or any other person may suffer or incur as a result of your failure to provide current, accurate and complete information. Calgary Co‑op shall have no liability for any interruption or delay in mail delivery or electronic communication.

Payment for Membership Share(s)

In accordance with the Bylaws, an individual or joint membership in Calgary Co-op is conditional on the purchase of at least one Membership Share with a par value of one dollar. Payment for such Membership Share(s) must be made at the time an Applicant applies for a Calgary Co-op membership.

Payment for such Membership Share(s) may be made to Calgary Co-op in Canadian Dollars through the Websites by Visa, Visa Debit, or MasterCard.

Payment for such Membership Share(s) may be made to Calgary Co-op in Canadian Dollars in person using cash, Visa, Visa Debit, or MasterCard.

Approval, Refusal, or Postponement of Application for Membership

Following the submission of an online application form, you may receive a notification through the Websites that your application has been approved or refused, or that consideration of your application has been postponed. If your application is approved, you may be prompted to create and verify an Account.

Alternatively, and in Calgary Co-op’s sole discretion, following the submission of an online application form, you may be provided with e-mail notice, sent to the e-mail address provided on the online application form, that your application has been approved or refused, or that consideration of your application has been postponed.

Following the submission of a paper application form in person at a Calgary Co-op food store, you may be provided with e-mail notice, sent to the e-mail address provided on the online application form, that your application has been approved or refused, or that consideration of your application has been postponed.

If your application is refused, you will receive a refund in the amount of any payment made toward the purchase of a Membership Share(s) in the original form of payment within thirty (30) days of the notification that the application was refused.

If you do not receive notice that your application has been approved or refused, or that consideration of their application has been postponed, you must contact Member Relations at 403-219-6025.

Membership Cards

Once your application for membership in Calgary Co-op is approved, you will be assigned a unique membership number, and Calgary Co-op will provide you with a physical Membership Card. Calgary Co-op will send a printable version of your Membership Card to the e-mail address provided on your application form. If you create a Verified Account and download the Calgary Co-op App in accordance with these Terms and the Calgary Co-op Mobile App Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-app-terms-conditions), you will also be provided with a digital Membership Card in the Calgary Co-op App.***

If you do not receive your Membership Card, you must contact Member Relations at 403-219-6025.

Your unique membership number and Membership Card must not be used by anyone other than you, a Joint Member, or a Designated Household User in accordance with the Bylaws, these Terms, the Calgary Co-op Mobile App Terms and Conditions, the Calgary Co-op E-Commerce Terms and Conditions, and the Calgary Co-op Program Terms and Conditions (available at: https://info.calgarycoop.com/calgary-co-op-program-participant-terms-conditions).

You are responsible for keeping your membership number and Membership Card secure and confidential and for maintaining the confidentiality of any password and username that you are given or select. You are responsible for all activities that occur under your Account or Verified Account. You agree to immediately notify Calgary Co-op of any unauthorized use of your password, username, membership number, or any other breach of security, and/or if your Membership Card is lost or stolen.

If your Membership Card is lost or stolen, you may replace your Membership Card at a Calgary Co‑op food store. You must provide government-issued photo identification in order to obtain a replacement Membership Card.

Your Membership Card is not a credit card, debit card, or savings account card.

Online Accounts

To access certain membership benefits, you must have or create an online account (“Account”) and you must also verify your Account as set out below ( an Account that has been verified in accordance with the process set out below will be referred to as a “Verified Account”). To create an Account, you must go to https://login.mycalgarycoop.com/registerFormP3 or follow the prompts to create an Account after your online membership application is approved. You are required to provide certain information to us when creating an Account, including your name, email address, phone number, and password.

To verify your Account, you or any Joint Member with whom you jointly hold a Calgary Co-op membership must enter your membership number during the Account registration process, or if you have already created an Account, you must enter your membership number under the “My Profile” tab on the Website.

Membership Benefits

As a Member, you have the opportunity to earn an annual patronage return based on the amount of purchases of certain items that you and any Joint Member or Designated Household User make each fiscal year in person, online, and through the Calgary Co-op App from Calgary Co-op food centres, including pharmacy; Calgary Co-op Wine Spirits Beer stores; Calgary Co-op Home Health Care stores; Calgary Co-op cannabis stores and Calgary Co-op gas bars. Patronage is only earned on purchases where:

you, a Joint Member, or your Designated Household User present a valid Membership Card bearing your unique membership number to a cashier, provide your unique membership number to a cashier, scan your Membership Card at the point of sale, or enter your unique membership number at the point or sale; or
you, a Joint Member, or your Designated Household User make a purchase using a Verified Account through the Websites or the Calgary Co-op App,

(“Allocating Purchases”).

Patronage cannot be earned on purchases of transit passes, third party event tickets and passes (for example, tickets or passes to Calaway Park, Landmark Cinemas, ski resorts, or Globalfest), lottery tickets, Calgary Co-op gift cards, third party gift cards, or Membership Shares.

Patronage returns are not guaranteed. In accordance with the Bylaws, the Directors will determine annually and report to Member-Owners at the annual meeting the patronage return rate(s) and the portion to be allocated to the purchase of shares, and the portion to be credited to Members as store credit or paid to Members in cash.

If you or a Joint Member have a Verified Account and download the Calgary Co-op App, the portion of any patronage return that is not allocated to the purchase of shares will be credited to you as store credit through the Calgary Co-op App.

If you do not download the Calgary Co-op App, or if you are a Member that is a business or charity or a Calgary Co-op Commercial Fleet Card holder,**** the portion of any patronage return that is not allocated to the purchase of shares may be paid to you via electronic funds transfer (“EFT”), in the reasonable discretion of Calgary Co-op in accordance with the Bylaws, Act and Regulations. You must have a Verified Account in order to receive any portion of your patronage return via EFT.

If you do not download the Calgary Co-op App or create a Verified Account, the portion of any patronage return that is not allocated to the purchase of shares may be paid to you via cheque, in the reasonable discretion of Calgary Co-op in accordance with the Bylaws, Act and Regulations.

You (or an authorized representative for any Member that is a business or charity or Calgary Co-op Commercial Fleet Card holder) are responsible for ensuring that all information provided to Calgary Co-op to facilitate the payment of patronage returns via EFT or cheque is current, accurate, and complete. You are solely responsible for any loss, damage, costs or claims that you, we or any other person may suffer or incur as a result of your failure to provide current, accurate and complete information.

The final calculation of any patronage return will be based on the total value of Allocating Purchases made by you, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or Designated Household User as determined by Calgary Co-op. The total value of electronic and/or printed receipts for purchases made at Calgary Co-op may not be the value used to calculate any patronage return. Any estimated patronage earnings displayed on the Calgary Co-op App or Websites are estimates only and are subject to change.

As an Individual Member (excluding any Member that is a business or charity or is a Calgary Co-op Commercial Fleet Card holder), you, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User are eligible to participate in the Calgary Co-op Bonus Cash Rewards Program. You, any Joint Member with whom you jointly hold a Calgary Co-op membership, and/or a Designated Household User must have a Verified Account and must download the Calgary Co-op App in order to participate in the Calgary Co-op Bonus Cash Rewards Program. Your participation in the Calgary Co-op Bonus Cash Rewards Program is subject to the Calgary Co-op Rewards Program Participant Terms and Conditions and the Calgary Co-op Mobile App Terms and Conditions, available at: https://info.calgarycoop.com/calgary-co-op-app-terms-conditions).

Communications and Notice

Calgary Co-op will communicate with you and provide any necessary notices to you concerning your Calgary Co-op membership in accordance with the Bylaws, the Act, and the Regulations, including communicating with you electronically. You agree that all information that you provide to us, including your name, address, and e-mail address will be current, accurate, and complete. You are responsible for and are required to immediately notify Calgary Co-op of any changes to your name, address, shipping address, e-mail address, and any other information that you provide to Calgary Co-op in connection with your Calgary Co-op membership. You agree that you are solely responsible for any loss, damage, costs or claims that you, we, or any other person may suffer or incur as a result of your failure to provide current, accurate, and complete contact or other information relating to your membership in Calgary Co-op. Calgary Co‑op shall have no liability for any interruption or delay in mail delivery or electronic communication.

Privacy

You are required to submit personal information (as that term is defined in Calgary Co-op’s Privacy Policy) in order to apply for and maintain a Calgary Co-op membership and receive membership benefits. Calgary Co‑op may exchange all information relating to your application, membership, and transactions with other parties, such as participating partners, merchants, or service providers, as required to evaluate, process and/or administer your application and/or membership, to provide membership benefits, and to provide you with information by mail or email in accordance with Calgary Co-op’s Privacy Policy. By submitting personal information to Calgary Co-op through the Websites, Calgary Co-op App, or in person, you acknowledge that you have reviewed and understand Calgary Co-op’s Privacy Policy (available at: https://www.calgarycoop.com/privacy-policy/), and consent to the practices described in that policy.

Calgary Co‑op has engaged Moneris Solutions Corporation (“Moneris”) as its online payment processing solution provider. Moneris, on behalf of Calgary Co-op, will collect personal information, including the names of any Applicants and/or Members and any credit or debit card information that an Applicant and/or Member submits through the Websites in order to purchase a Membership Share(s) or other products or services, or to make or receive other payments. Please review the Moneris Privacy Notice for more information about how Moneris collects, uses, stores, and discloses personal information at: . https://www.moneris.com/-/media/moneris/files/en/terms-and-conditions/moneris merchant agreement terms and conditions december 2016.pdf?la=en By submitting personal information through the Websites and/or Calgary Co-op App, you acknowledge that you have reviewed and understand the Moneris Privacy Notice and consent to such collection, use, storage, and disclosure as set out in the Moneris Privacy Notice.

Account Statements and Tax Forms

Each year, Calgary Co-op will provide you with a statement setting out the amount of Allocating Purchases made by you, any Joint Member with whom you jointly hold a Calgary Co-op Membership, and/or Designated Household User in the previous fiscal year, the applicable patronage return rates (if any), the amount of your patronage return (if any), and the portion of any patronage to be allocated to the purchase of shares (an “Account Statement”). Calgary Co-op may provide you with an electronic or paper copy of your Account Statement, in the reasonable discretion of Calgary Co-op in accordance with the Bylaws, Act and Regulations.

A Designated Household User will have access to the MEMBERSHIP benefits of THE MEMBER THAT INVITED THE DESIGNATED HOUSEHOLD USER TO USE the CALGARY CO-OP App, AND ANY JOINT MEMBER, including:

redeeming THE MEMBER’S CC BONUS CASH (AS DEFINED IN THE CALGARY CO-OP REWARDS PROGRAM PARTICIPANT TERMS AND CONDITIONS);
redeeming THE MEMBER’S patronage return;
redeeming special offers and coupons;
playing games and redeeming prizes;
VIEWING THE MEMBER’S account statement, EQUITY BALANCE, ESTIMATED PATRONAGE EARNINGS AND PATRONAGE RETURNS; AND
VIEWING RECEIPTS FOR ALL IN-STORE AND ONLINE TRANSACTIONS OF THE MEMBER, ANY JOINT MEMBER WITH WHOM THE MEMBER JOINTLY HOLDS A CALGARY CO-OP MEMBERSHIP, AND THE DESIGNATED HOUSEHOLD USER AT CALGARY CO-OP.

Each year, in accordance with Canada Revenue Agency requirements, Calgary Co-op will provide you and any Joint Member with whom you jointly hold a Calgary Co-op membership with a T4A if you earned a patronage return in excess of one hundred dollars ($100). Calgary Co-op may provide you with an electronic or paper copy of your T4A, in the reasonable discretion of Calgary Co-op in accordance with the Bylaws, Act, Regulations, and applicable law. For more information on patronage returns and T4As, visit https://www.calgarycoop.com/membership/updates/.

Representations and Warranties

Calgary Co-op makes no representations or warranties, either express or implied, as to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Websites, Calgary Co-op App, and/or any other online platforms made available to you by Calgary Co-op (collectively, the “Online Platforms”), any content thereon, and/or any paper application or other forms.

Exclusions and Limitations of Liability

Subject to the Bylaws, Act, Regulations, and applicable law, Calgary Co-op reserves the right to change or modify the process by which an application for membership in Calgary Co-op may be submitted.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE PLATFORMS, THEIR CONTENT, AND ANY PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE ONLINE PLATFORMS ARE AT YOUR OWN RISK. THE ONLINE PLATFORMS, THEIR CONTENT, AND ANY PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE ONLINE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CALGARY CO-OP DOES NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE ONLINE PLATFORMS OR THEIR CONTENTS. WITHOUT LIMITING THE FOREGOING, CALGARY CO-OP DOES NOT REPRESENT OR WARRANT THAT THE ONLINE PLATFORMS, THEIR CONTENT, OR ANY SERVICES OBTAINED THROUGH THE ONLINE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, NON-INFRINGING OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE PLATFORMS OR THE FUNCTIONS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THERE IS NO WARRANTY THAT THE ONLINE PLATFORMS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF CALGARY CO-OP THROUGH THE ONLINE PLATFORMS, OR IN RELATION TO THE ONLINE PLATFORMS SHALL CREATE ANY WARRANTY OR CONDITION.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CALGARY CO-OP OR ANY OF THE RELEASED PARTIES (DEFINED BELOW) BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, 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, INTELLECTUAL PROPERTY INFRINGEMENT, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY ADDITIONAL TERMS INCORPORATED BY REFERENCE, OR YOUR ACCESS, USE, INABILITY TO USE, OR RELIANCE ON, THE ONLINE PLATFORMS, THE CONTENT, MATERIALS, OR INFORMATION ON THE ONLINE PLATFORMS, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES AND ANY CONTENT, MATERIALS, OR INFORMATION THEREON, OR , ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR A CALGARY CO-OP MEMBERSHIP OR CALGARY CO-OP’S ADMINISTRATION OF YOUR MEMBERSHIP, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

1. 1. ANY FAILURE BY CALGARY CO-OP TO PROVIDE AN ACCOUNT STATEMENT;
ANY FAILURE BY CALGARY CO-OP TO SEND E-MAILS OR OTHER COMMUNICATIONS AS SET OUT IN THESE TERMS;
ANY UNAUTHORIZED USE OF YOUR MEMBERSHIP NUMBER OR MEMBERSHIP CARD;
ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR VERIFIED ACCOUNT;
ANY USE OF YOUR MEMBERSHIP NUMBER, MEMBERSHIP CARD, ACCOUNT, VERIFIED ACCOUNT, OR MEMBERSHIP BENEFITS BY A JOINT MEMBER OR DESIGNATED HOUSEHOLD USER, INCLUDING THE REDEMPTION OF YOUR PATRONAGE RETURN, CALGARY CO-OP BONUS CASH REWARDS, OR PRIZES;
ANY USE OF A MEMBER OR JOINT MEMBER’S PAYMENT CARD INFORMATION AND/OR STORED PAYMENT METHOD BY A DESIGNATED HOUSEHOLD USER (AS DEFINED IN THE CALGARY CO-OP MOBILE APP TERMS AND CONDITIONS AND THE CALGARY CO-OP ECOMMERCE TERMS AND CONDITIONS);
ANY USE OF A DESIGNATED HOUSEHOLDER USER’S PAYMENT CARD INFORMATION AND/OR STORED PAYMENT METHOD BY A MEMBER OR JOINT MEMBER (AS DEFINED IN THE CALGARY CO-OP MOBILE APP TERMS AND CONDITIONS AND THE CALGARY CO -OP ECOMMERCE TERMS AND CONDITIONS);
ANY LOSS OR THEFT OF PATRONAGE RETURNS, CALGARY CO-OP BONUS CASH REWARDS, OR OTHER BENEFITS;
THE CANCELLATION OR MODIFICATION OF ANY BENEFIT, INCLUDING THE CALGARY CO-OP BONUS CASH REWARDS PROGRAM, BY CALGARY CO-OP;
THE REFUSAL OF YOUR MEMBERSHIP APPLICATION;
THE TERMINATION OF YOUR MEMBERSHIP OR CURTAILMENT OF ANY PRIVILEGES; OR

ANY ERRORS OR OMISSIONS ON THE ONLINE PLATFORMS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN THE CREATION OF AN ACCOUNT OR VERIFIED ACCOUNT.

ANY PHYSICAL DAMAGE CAUSED TO YOUR MOBILE DEVICE BY CALGARY CO-OP IN CONNECTION WITH YOUR USE OF THE CALGARY CO-OP APP FOR MOBILE PAYMENT OR TO ACCESS MEMBERSHIP BENEFITS OR PROGRAM BENEFITS.
Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Calgary Co-op, its respective subsidiaries, affiliates, related entities, suppliers, distributors, advertising agencies, and licensors, and each of their officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns (collectively the “Released Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, fines, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) your (or anyone acting under your username or password) breach of these Terms and/or any other terms incorporated by reference; (ii) your (or anyone acting under your username or password) use or misuse of the Online Platforms, your Account or Verified Account, or your Calgary Co-op membership; (iii) your (or anyone acting under your username or password) failure to comply with any applicable laws or regulations in connection with the Online Platforms and any other services connected therewith, your Account or Verified Account, or your Calgary Co-op membership; (iv) your (or anyone acting under your username or password) negligence, willful misconduct, or violations of the intellectual property rights or other rights of a third party in connection with the Online Platforms; or (v) your conduct in connection with the Online Platforms, your Account or Verified Account, or your Calgary Co-op membership.

Each Member is responsible for all activity on their Verified Account, and for the use of any membership benefits offered through the Online Platforms, including the use of membership benefits by a Designated Household User or a Joint Member. To the maximum extent permitted by applicable law, each Member agrees to defend, indemnify, and hold harmless Calgary Co-op and the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, fines costs, expenses, or fees (including reasonable legal fees) arising out of or relating to (i) the Member’s Designated Household User and/or Joint Member’s breach of these Terms and/or any other terms incorporated by reference; (ii) the Member’s Designated Household User and/or Joint Member’s use or misuse of the Online Platforms, your Account or Verified Account, their Account or Verified Account, or your Calgary Co-op membership; (iii) the Member’s Designated Household User and/or Joint Member’s failure to comply with any applicable laws or regulations in connection with the Online Platforms and any other services connected therewith, your Account or Verified Account, their Account or Verified Account, or your Calgary Co-op membership; (iv) the Member’s Designated Household User and/or Joint Member’s negligence, willful misconduct, or violations of the intellectual property rights or other rights of a third party in connection with the Online Platforms; or (v) the Member’s Designated Household User and/or Joint Member’s conduct in connection with the Online Platforms, your Account or Verified Account, their Account or Verified Account, or your Calgary Co-op membership.

General

These Terms are governed by the laws of the province of Alberta and the federal laws of Canada applicable in Alberta, without reference to conflict of laws provisions, and the parties to these Terms attorn to the exclusive jurisdiction of the courts of the Province of Alberta in respect of all matters arising hereunder. Calgary Co-op reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Any waiver by Calgary Co‑op of an Applicant and/or Member’s strict observance, performance or compliance of any portion of these Terms and any extension of time or other indulgence granted by Calgary Co‑op, either expressly or by course of conduct, shall not alter, affect or prejudice any of Calgary Co‑op's rights or remedies and shall be effective only in the specific instance and for the purpose for which it was given and shall be deemed not to be a waiver of any of Calgary Co‑op's rights and remedies arising in respect of any other breach of these Terms.

No delay or omission by Calgary Co‑op in exercising any right or remedy hereunder shall operate as a waiver of that or any other right or remedy.

Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”.

Each of the provisions contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other provision of these Terms.

The terms of this Section 15 will survive termination of these Terms.

Contact Information

If you have any questions about your Calgary Co-op membership or these Terms, please contact Member Relations at 403-219-6025.

* The Calgary Co-op App is not available at this time to any Member that is a business or charity or is a Calgary Co-op Commercial Fleet Card holder.

** Members that are businesses, charities, or Calgary Co-op Commercial Fleet Card holders cannot invite individuals to become Designated Household Users at this time.

*** The Calgary Co-op App is not available at this time to any Member that is a business or charity or is a Calgary Co-op Commercial Fleet Card holder. Additional terms and conditions apply to Calgary Co-op Commercial Fleet Cards.

**** The Calgary Co-op App is not available at this time to any Member that is a business or charity or is a Calgary Co-op Commercial Fleet Card holder. Additional terms and conditions apply to Calgary Co-op Commercial Fleet Cards.