Thank you for visiting the CANO website. By doing so, you acknowledge and accept the terms and conditions outlined in this section.

 

Intellectual property rights

The information in this portal is the property of CANO, which holds the intellectual property rights to it. Unless otherwise stated, the rights of CANO apply to all the documents, data, compilations and other information it contains. Trademarks and logos used or displayed in the portal are trademarks, whether or not they have been registered by CANO or third parties. Use of a trademark or logo reproduced in the portal without its owner’s prior written authorization is prohibited. Posting, downloading and reproduction of items (texts and pictures) in the CANO website are authorised only on condition that this is done for non-commercial purposes, the items in the portal are not thereby altered, and the user retains all the intellectual property notices contained therein during any of these operations.



Integrity of information

CANO guarantees the integrity of the information at the exact time it appears in the website, and not subsequently. CANO may change the information concerning the products, services or programs described in its portal without prior notice. It in no way guarantees any document, data or other content once it has been altered or changed in any way, after downloading or otherwise. Moreover, in the event of a discrepancy between an official text and the content of this site, the official text shall take precedence.



Hyperlinks

This portal includes links to other web sites or other Internet resources. Since CANO cannot control these sites, it cannot guarantee the availability and does not accept any responsibility for the accuracy and completeness of their content, advertising, products, services or any other material available on or via these sites or resources. Furthermore CANO cannot be held responsible for any damage or loss, proven or alleged, resulting from or related to the use of the content, goods or services available on these sites or Internet resources, or resulting from or related to the fact that the user has trusted them. It should be noted that our confidentiality policy does not apply to information exchanged on these sites or outside resources; any confidentiality policy adopted by the sites in question will apply.



Limited responsibility

CANO and its agents, directors, and employees, or any other person associated with the creation of this site, will not be liable for any damage or any loss (whether of a contractual nature or resulting from prejudice, negligence or the like) which may occur regarding the content or its use or the inability to use this site, or any breakdown, error, omission, interruption, defect, delayed functioning or transmission, any computer virus, line disruption, system outage or loss of data or the like, including, but not limited to, direct, indirect, special, consequential, exemplary or punitive losses, costs, or damages.

Amendment to the Agreement

CANO may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment will be displayed on CANO’s website and you will be deemed to have accepted them if you continue using the Service after the amendments are displayed.



Use of the Service

Subject to your full compliance with this Agreement, CANO grants you the non-transferable right to access and use the Service to (i) locate containers and partners of our container-share system supported by the Service (ii) monitor your CANO’s usage; (iii) access your account and billing information; (iv) make purchases or renew a membership; (v) borrow containers; (vi) provide maps and generate statistics; (vii) earn points and redeem points for goods or services. The Service also offers a notification service for information directly related to your account. While CANO tries to provide you with the most accurate information at its disposal, all information provided through the Service is provided to you for your convenience only, without any warranty of any kind regarding its accuracy, completeness, timeliness, availability or quality. Without limiting the generality of the preceding sentence, it is possible that the Service provides incorrect information such as lists of available containers or partners, your billing information, the container borrowing timer contained in the Service, or any map or statistics, and that such incorrect information causes you inconvenience or requires you to pay late fees to your container-share operator. You hereby release CANO from any liability resulting from such inconveniences or late fees by reason of your reliance on the information provided through the Service.

This Agreement is not the agreement that governs the use of the container-share system.

You must have entered into a separate agreement with the operator of the container-share system you want to use prior to using the container sharing system. This operator may or may not be CANO depending on the container sharing system you want to use. You hereby release CANO of any and all liability pertaining to your use of any container-share system supported by the Service, to the full extent permitted by the applicable law.

 

Memberships

The Service allows you to purchase or renew memberships by selecting the applicable button. When selecting this option, you will have to agree to (i) the then applicable TERMS AND CONDITIONS OF THE ACCESS AND USE OF THE CANO SERVICE BY MEMBERS (“T.C.A.U.”) and (ii) to CANO charging your credit card the then applicable standard price in effect at the time of the renewal.


Container Rental

The Service allows you to rent a container for a single serving of food or beverage at one of our partner locations. When selecting this option, you will have to agree to (i) the then applicable TERMS AND CONDITIONS FOR THE USE OF THE CANO SERVICE and (ii) to CANO charging your credit card the then applicable rates and security deposit. The Service allows you to rent a maximum of five (5) containers per credit card.


Personal Use

You agree to not permit any third party to use or access the Service on your mobile device. Without limiting the generality of the foregoing, you may not lend or rent a container, which is the property of CANO, to a third party or use the same for purposes which are contrary to the provisions hereof. You hereby release CANO of any and all liability pertaining to a third party’s use of the Service on your mobile device, or using your CANO container.

Conditions of Use


The Service is made available to you free of charge for use on your mobile device. By entering into this Agreement and accessing and using the Service you represent and warrant that:

  • you have the legal right and ability to enter into this Agreement and to use or access the Service in accordance with the terms of this Agreement;

  • you are not breaching any other agreement or obligation or any provision of any law or regulation;

  • you will use the Service in accordance with the terms of this Agreement;

  • all information submitted by you is accurate, current and complete;

  • you will safeguard your information and will not divulge any user name, password or other account information provided to you to anyone else and that you will advise CANO, as soon as possible, if you become aware, or suspect for any reason, that the security of your account has been compromised; and

  • you accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of the Service under your name or account, as well as all use of others using your name or account on the Service.



Prohibitions

As a condition to your use of the Service, you agree not to:

  • Access, tamper with, or use any non-public areas of the Service or CANO’s computer systems;

  • Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;

  •  Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;

  • Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

  • Use the Service in an abusive way contrary to its intended use, to its documentation or to CANO’s reasonable instructions.

CANO will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. CANO may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. you acknowledge that, although CANO has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.



Proprietary Rights

All right, title, and interest in and to the Service are and will remain the exclusive property of CANO and its licensors. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.

Privacy

In order to use certain features of the Service, you must register for an account with CANO and provide certain information about yourself as prompted by the Service registration form. The Service is subject to CANO’s privacy policy.

Although CANO is committed to treating the personal and confidential information you provide in accordance with its privacy policy, you acknowledge and accept that the use of the Service is entirely at your own risk.



Disclaimer of Warranty and Limitation of Liability

To the full extent allowed by applicable law, CANO makes no warranty or representation regarding the service, including that the service will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service is secure and is free from errors, faults, defects, viruses or any other harmful content, that the service will be uninterrupted, without problems or error free, or that all errors in the service will be corrected. CANO provides the service “as is” and “as available”.

To the full extent allowed by applicable law, CANO’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description, and noninfringement, all of which are expressly disclaimed.

To the full extent allowed by applicable law, in no event shall CANO and its suppliers or licensors have any liability, whether based in contract or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, damages to device, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the service, whether foreseeable or not, and even if CANO had been advised of the possibility of such damages. In the event that CANO is found liable to pay you any damages, CANO’s total cumulative liability to you under this agreement shall not exceed $10. The above limitations of liability will not be affected if any remedy provided herein shall fail its essential purpose.



Indemnification

You agree to defend, indemnify, and hold harmless CANO, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.

No failure or delay by CANO in exercising any right or privilege under this Agreement will operate as a waiver thereof nor will any single or partial exercise thereof preclude any other or future exercise of any right or privilege hereunder.



External Links

The Service may contain hyperlinks to websites operated by parties other than CANO. Those links are provided for reference only. CANO has no control over the content or performance of such websites and are not responsible for their contents or the privacy or other practices. CANO does not endorse and does not accept to be held liable in relation to the material found on such websites or any association with their operators. When selecting a link, you should refer to their terms and conditions and privacy policy.



Termination

CANO may terminate this Agreement and cancel your access to the Service at any time. CANO shall give you a reasonable prior notice of this termination unless such termination is caused by your non-compliance with this Agreement or the law.



General Provisions

This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.

This Agreement is the entire and exclusive agreement between CANO and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between CANO and you regarding the Service.

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of CANO which consent is within CANO’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. CANO shall be allowed to assign this Agreement to any third party without requiring your consent.

Nothing in this Agreement shall constitute a partnership or joint venture between you and CANO. If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue.

Contact

 

If you have any concern, question, or complaint regarding this Agreement, please contact CANO at:


By mail
6387 boul. St-Laurent, Montréal, Québec, H2S 3C3

By e-mail
info@cano.app

The current Agreement's last update was January 1st, 2021.