Cajun Operating Company (“Church’s”) Canadian Internet Site and Mobile Application Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

By using the pages in this site and/or our mobile application(s), you agree to these terms and conditions. If you do not agree, you should not use this site or our mobile applications.

RESTRICTIONS ON USE

Material from our mobile applications, www.churchs.ca and any other World Wide Web site owned, operated, licensed, or controlled by Church’s or any of its related, affiliated, or subsidiary companies may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Church’s EXCEPT: you may download one copy of the material on one computer, tablet or mobile device for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Church’s intellectual property rights. The material in this site and/or mobile application is provided for lawful purposes only. If you download software from our site or mobile application, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Church’s. Neither title nor intellectual property rights are transferred to you, but remain with Church’s, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

RESTRICTION OF LIABILITY

Church’s will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Church’s will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site or mobile application, even if there is negligence or Church’s or an authorized Church’s representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Church’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site or mobile application.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Church’s through this site or mobile application (together, the “Submission”) will forever be the property of Church’s. Church’s will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Church’s operations. Without limitation, Church’s will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Church’s will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site or mobile application is provided voluntarily by a visitor to this site or download and use of our mobile application. This information is for internal purposes only and is not sold or otherwise transferred to other entities who are not involved in the operation of this site or mobile application. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Church’s have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION

Except as described otherwise, all materials in the Church’s site and mobile applications are made available only to provide information about Church’s. Church’s controls and operates this site from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations.

If you use this site or mobile application from a location other than Atlanta, Georgia, you are responsible for compliance with applicable local laws. Some software from this site or mobile application may be subject to export controls imposed by the Canada and/or the United States and may not be downloaded or otherwise exported or re-exported: (a) into, or to a national or resident of, any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, or Syria; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

DISCLAIMER

The material in this site could include technical inaccuracies or typographical errors. Church’s may make changes or improvements at any time. THE MATERIALS IN THIS SITE AND MOBILE APPLICATIONS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CHURCH’S DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHURCH’S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR MOBILE APPLICATIONS, OR THE SERVER THAT MAKES EITHER THE SITE OR MOBILE APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHURCH’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE AND/OR THE MOBILE APPLICATIONS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CHURCH’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. This website and/or mobile applications may contain downloadable materials as well as links to external sites or other mobile applications. Church’s is not responsible for, and has no control over, the content of such downloadable materials, external sites or mobile applications. You understand that Church’s cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website or our mobile applications, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

TERMINATION

Church’s or you may terminate this agreement at any time by destroying: (a) all materials obtained from all Church’s sites and mobile applications, and (b) all related documentation and all copies and installations (together, the “Materials”). Church’s may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site or our mobile applications for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site and our mobile applications. Church’s can revise these Terms and Conditions at any time by updating this posting. Church’s products and services are available in many parts of the world. However, the Church’s site may describe products and services that are not available worldwide. This site may be linked to other sites or mobile applications which are not maintained by Church’s. Church’s is not responsible for the content of those sites or mobile applications. The inclusion of any link to such sites does not imply endorsement by Church’s of the sites or mobile applications.

TRADEMARK INFORMATION

The following trademarks used herein are owned by the Church’s and its affiliates: Church’s Chicken®, Church’s®, Texas Chicken®, Church’s Southern Sweet Tea®, Tender Crunchers®, Tender Strips®, Jalapeño Cheese Bombers®, Purple Pepper Sauce®, Biscuit Bites®, Big Pieces Little Prices®, Big Tex®, Cheddapeño®, Church’s Poulet®, Poulet Church’s Chicken®, El Amor Se Siente®, Flamin Tender Crunchers®, Flamin Tender Strips®, Food You Love Taste You Crave®, La Casa del Crunch®, Megabites®, Lo Rico Se Comparte®, Pancho®, Pechu®, Pechu Jr. ®, Pechu Jr. Sandwich®, Pechuga Mejicana®, Share the Crunch® and Share the Good Times®, as well as their translations to the language of the country in which they are used.
Coca-Cola® is a registered trademark of The Coca-Cola Company.

Submission of Ideas: Church’s values customer feedback. However, Church’s will not accept or consider unsolicited ideas, suggestions, or materials, so we must ask you not to send us your product, advertising, marketing, or operations ideas for our business. We hope that you understand that it is the intent of this policy to avoid the possibility of future misunderstandings when products or other Church’s promotions or initiatives developed by Church’s professional staff might seem to others to be similar to their own creative work.

If, despite this request, you send us suggestions or ideas (“Submissions”), the Submissions shall be deemed to have been submitted voluntarily and shall remain the property of Church’s. Subject only to the limitations set forth in Church’s Privacy Policy, Church’s shall have the right to copy, distribute, transmit, perform, display, modify, adapt, and otherwise use your Submission for any purpose whatsoever (including, without limitation, in the development, manufacture and marketing of products and services based on or incorporating ideas, know-how and techniques contained in your Submission), in all forms and media (including, without limitation, by means of the Internet or other electronic media) throughout the world. Church’s shall assume no duty of confidentiality, express or implied, with respect to any Submission and will have no liability for the use or disclosure of your Submission. Accordingly, Church’s will have no obligation to treat your Submission as confidential or to compensate you or anyone else for your Submission or any use of your Submission by Church’s or others.
Effective: January 17, 2022