Express Terms of Use

Last updated: August 26th, 2013

This Terms of Use (this “Agreement”) sets forth the terms and conditions that apply to: (i) your access and use of the internet website owned and operated by Encorp Pacific (Canada) (“Encorp”, “we”, “us” or “our”) and located at [express.return-it.ca] (the "Site"); and (ii) your participation in the “Express Return-It System”.

Your use of the Site constitutes your agreement to follow and be bound by this Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Site.  For this reason, we encourage you to review this Agreement whenever you access and use the Site. You can tell when this Agreement was last modified by checking the "last updated" date that appears at the top of this Agreement. If you do not agree to these terms, please do not use the Site.

Ability to Enter into this Agreement

In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms and conditions of this Agreement, and able to abide by and comply with this Agreement. If you accept this Agreement, you expressly represent that you have the capacity to be bound by it.

How the Express Return-It System Works

Upon registration on the Site, you create a unique on-line account.  Your phone number is your unique identifier which allows you to access certain areas of the Site and the kiosk at participating Return-It depots to generate bar coded bag labels that are linked to your on-line account. You may print up to six bag labels at any one Return-It depot per day. You have the ability to take labels home and label your bags in advance. At participating Return-It depots you apply the bar coded sticker to your bag ensuring it is readable. Each bag requires its own sticker. You are required to use a regular blue recycling bags which can be purchased at most grocers, drug and hardware stores. The bag must be clear so the contents are visible. If a non-blue bag is used, your account may not be credited.

Once you drop off your labeled bag(s), they will be counted and sorted.  You will be notified via an email that your bags have been counted.  Each Return-It depot at which you dropped off one or more labeled bags will credit your on-line account, or will cause your on-line account to be credited, within five business days with:  (i) the full posted deposit amount on all beverage containers acceptable within the Return-It program — a detailed list of acceptable products and their deposit value is listed at http://www.return-it.ca/beverage/products; and (ii) the rate as posted at the Return-It depot at which the labeled bag was dropped off for refillable beer bottles and cans, both of which are not part of the Return-It Program. The user acknowledges that the rates for beverage containers that are not part of the Return-It system may vary by Return-It depot location and over time, and are not established by Encorp but by the Return-It depot owner.

The counts of the beverage containers performed by Encorp’s system, staff, employee and depot network are verified by our computerized management information system. All counts are considered final, and you agree to abide by the count and waive any and all rights you may have to dispute any count.  Subject to the minimum amounts set out below, upon your request, the funds in your account will be paid out via cheque, e-gift cards or other redemption options that may be available from time to time, as you elect through the Site.  Encorp does not warrant that e-gift cards will be available from any specific merchants, or the number or variety of merchants from whom e-gift cards may be available.  We reserve the right, at any time in our sole discretion, to make changes to the redemption options available on the Site, including by adding or removing e-gift card merchants, provided however, your right to have the funds in your account paid out via cheque shall always remain available to you subject to the minimum amounts set out below.

A minimum amount of CDN$50.00 is required before a cheque is able to be issued. Cheques may take two to four weeks for delivery.  You may elect a same value e-gift card at any dollar denomination, subject to a CDN$10.00 minimum.  There are no cash payments issued at the Return-It depot at which you dropped off your labeled bags.  You may call 1-855-350-2345 Monday to Friday from 9 to 5 to discuss any concerns or issues with your on-line account.

Pilot Program and Termination of Account

You acknowledge that this is a pilot program only and based on the success of the program, a formal launch may or may not be forthcoming.  Encorp reserves the right to terminate the Site and the Express Return-It System at any time, and your on-line account will terminate at the same time.

Encorp’s Role

Encorp acts solely as a facilitator of the Express Return-It System for Return-It depots. The Return-It depots independent parties over which Encorp exercises no direct control.  You acknowledge that the deposits and rates owed to you in respect of used beverage containers you drop-off at Return-It depots in labeled bags pursuant to the Express Return-It System are owed to you by the Return-It depot(s) at which you drop off your labeled bags. Encorp shall not be liable for claims, losses, damages, costs, expenses, delays or loss of enjoyment of any nature or kind whatsoever, to you or your participants, resulting from the acts, omissions or negligence of Return-It depots or of anyone other than us or our employees acting properly on our behalf.

Site Transactions

We reserve the right to refuse any registration you place with us. We may, in our sole discretion, limit or cancel your registration. In the event we make a change to or cancel a registration or order, we will attempt to notify you by contacting the e-mail and/or address/phone number provided at the time the registration was made.

User Conduct

You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.  Certain portions of the Site may allow you to forward material via email to addressees specified by you. By using this facility, you represent, warrant and confirm that you have the consent of the recipient to send such emails.

If you submit, post or upload content, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". Harassment in any manner or form on the Website, including via e-mail or by obscene or abusive language is strictly forbidden. Impersonation of others, including an Encorp employee or other members or users on the Site is prohibited. You must not upload to, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Right to Change Site

We reserve the right, at any time in our sole discretion, to: (a) modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; (b) charge fees in connection with the use of the Site; (c) modify and/or waive any fees charged in connection with the Site; and/or (d) offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the Site.

Site Content

All right, title, interest and ownership and intellectual property rights in and to the Encorp logos, including without limitation Encorp’s “Express” logos, and the Site, including but not limited to its "look and feel" (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information (collectively, “Content”) are and will remain the property of Encorp or its software or content suppliers.  The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.

The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.

User Comments, Feedback, and Other Submissions

You acknowledge that any ideas, suggestions, feedback or other submissions which you provide to Encorp related to the Site or Encorp or its services or business ("Feedback") shall become Encorp’s property without any compensation or other consideration payable to you by Encorp, and you do so of your own free will and volition. Encorp may or may not, in its sole discretion, use or incorporate the Feedback in whatever form as Encorp may decide, into the Site, its events, products, services, or business.  You hereby assign all rights on a worldwide basis in perpetuity to Encorp in any Feedback and, as applicable, waive any moral rights thereto.

Personal Information Submitted Through the Site

Your submission of personal information through the Site is governed by our privacy policy, which can be viewed by clicking on the "Privacy Policy" link located on the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Links to Other Web Sites and Services

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Encorp’s control, and you acknowledge that Encorp is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of, or relating to, such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Encorp or any association with its operators. You further acknowledge and agree that Encorp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.

User Account

Encorp reserves the right to terminate your on-line account at any time.  If Encorp terminates your on-line account for any reason, the funds in your account at the time of termination will be paid to you by cheque and mailed to the mailing address in your on-line account.  You are responsible for ensuring your on-line account has your most current email, phone and mailing address.  Encorp is not responsible for notifications or payments you do not receive because of a change in your contact information that is not updated or reflected on your on-line account.

Passwords

You are solely responsible for maintaining the confidentiality of your password and user account information, if any. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.  If electronic fraud or identity theft has occurred, Encorp will, upon notification or discovery, freeze your on-line account until ownership can be confirmed.

Disclaimer

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE ARE YOUR SOLE RESPONSIBILITY AND AT YOUR RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ENCORP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED.

ENCORP DOES NOT WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ENCORP EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. ENCORP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

ENCORP DOES NOT REPRESENT OR WARRANT THAT THE SITE, OR ANY PART THEREOF, ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE SITE'S AVAILABILITY, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION WE CHOOSE, AT ANY TIME AND IN OUR SOLE DISCRETION.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENCORP AND ITS AFFILIATES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED CDN$50.00.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

Indemnification

You agree to defend, indemnify and hold Encorp and its affiliates and each of their respective contractors, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, condition or other provision of this Agreement.

Governing Law

If there is any dispute between you and Encorp about or involving this Agreement or the Site, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sales of Goods shall not apply to this Agreement.  You hereby agree to submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement or the Site, howsoever arising, provided always that Encorp may seek and obtain injunctive relief in any jurisdiction.

Waiver

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Encorp's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Assignment

Encorp may assign its rights and obligations under this Agreement. This Agreement will ensure to the benefit of Encorp's successors, assigns and licensees.  You will be notified via email to the email address specified in your on-line account if Encorp assigns its rights and obligations under this Agreement, and thereupon you agree to release Encorp of any and all of its obligations to you under these terms, and look solely to the assignee in respect of any obligations Encorp may have to you under these terms.

Termination

These terms are effective unless and until terminated by either you or Encorp.  Encorp may deny you access to the Site, if in its sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes, and any obligations and liabilities hereunder with respect to an order submitted prior to the termination date shall continue to apply to such order notwithstanding any termination.  This section and the sections entitled “User Comments, Feedback, and Other Submissions”, “Personal Information Submitted Through the Site”, “Links to Other Web Site and Services”, “Disclaimer”, “Limitation of Liability”, “Indemnification” and “General”, and any other sections which ought reasonably to survive the termination of this Agreement shall survive any actual or purported termination or expiry of this Agreement.

Severability

The terms and conditions of this Agreement shall be deemed severable.  In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions.

Entire Agreement

The terms in this Agreement, together with the Privacy Policy constitute the entire agreement between Encorp and you regarding the subject matter of this Agreement and supersede all prior or contemporaneous communication, whether electronic, oral or written between Encorp and you with respect to such subject matter.  In the event of a conflict between this Agreement and the Privacy Policy, this Agreement shall prevail.

Contact Us

You may contact ENCORP by email at expresshelp@returnit.ca or by mail at Encorp Pacific (Canada), 100 - 4259 Canada Way, Burnaby, BC V5G 4Y2, 1-855-350-2345