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Terms & Conditions

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY OF THE ARBY’S CANADA WEBSITES, APPLICATIONS, PLATFORMS, LOYALTY PROGRAMS, STORED VALUE CARDS AND OTHER ONLINE PROGRAMS THAT POST A LINK TO THESE TERMS, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM (ALTOGETHER, "ARBY’S CANADA ONLINE SERVICES").

BY DOWNLOADING OR USING ANY OF THE ARBY’S CANADA ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE ARBY’S CANADA ONLINE SERVICES.

These Terms constitute an agreement between Arby’s Restaurant Group, Inc. and its affiliates (collectively, “Arby’s” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.

PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.

1. Additional Terms

Certain services offered through the ARBY’S CANADA ONLINE SERVICES, including mobile applications, loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail unless they expressly state otherwise.

2. Changes to Terms

We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the ARBY’S CANADA ONLINE SERVICES. If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email. We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the ARBY’S CANADA ONLINE SERVICES. All changes are effective when we post them and apply to your access and use of the ARBY’S CANADA ONLINE SERVICES thereafter. Changes to the Dispute Resolution provisions (Section 19 below) do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.

3. Users and Accounts

The ARBY’S CANADA ONLINE SERVICES are not intended for use by anyone under the age of majority in their jurisdiction of residence. YOU MUST BE AT LEAST AGE 14, depending on your jurisdiction of residence, TO ACCESS AND USE THE ARBY’S CANADA ONLINE SERVICES. Any children under the age of 14 must obtain parental/guardian consent in order to use the ARBY’S CANADA ONLINE SERVICES. By accessing, using and/or submitting information to or through the ARBY’S CANADA ONLINE SERVICES, you represent that you are at least the legal age of majority in your jurisdiction.

Anyone under the age of majority in their jurisdiction may only use the ARBY’S CANADA ONLINE SERVICES under the supervision of and with the consent of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S ACCESS TO AND USE OF THE ARBY’S CANADA ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

You may need to create and register an account in order to use certain ARBY’S CANADA ONLINE SERVICES.

In creating an account, you agree to:

  • create only one account for each applicable part of the ARBY’S CANADA ONLINE SERVICES;
  • provide honest, accurate, current and complete information regarding yourself;
  • keep your profile, contact and other account information updated and accurate;
  • keep your account password private and not share it with others; and
  • notify Arby’s if you discover or suspect that your account has been hacked or its security breached.

You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.

From time to time, Arby’s may make special offers available to account holders. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions and conditions, and are subject to change or termination without notice. We are not responsible for any news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your email address is not up-to-date in your profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.

You are responsible for providing the equipment and services that you need to access and use the ARBY’S CANADA ONLINE SERVICES. We do not guarantee that the ARBY’S CANADA ONLINE SERVICES are accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the ARBY’S CANADA ONLINE SERVICES or any component of them and to block or prevent future access to and use of the ARBY’S CANADA ONLINE SERVICES and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the ARBY’S CANADA ONLINE SERVICES will survive such termination.

4. Personal Use

The ARBY’S CANADA ONLINE SERVICES are owned by Arby’s and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the ARBY’S CANADA ONLINE SERVICES. You may not save or archive a significant portion of the material appearing in or on the ARBY’S CANADA ONLINE SERVICES. All rights not expressly granted herein are reserved by Arby’s.

5. Privacy

Our Privacy Policy is incorporated into these Terms and also governs your use of the ARBY’S CANADA ONLINE SERVICES. The Privacy Policy describes the data that we gather about or from users of the ARBY’S CANADA ONLINE SERVICES and how we process, use and share that data. By using the ARBY’S CANADA ONLINE SERVICES, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

6. Responsible Use of the ARBY’S CANADA ONLINE SERVICES

You may use the ARBY’S CANADA ONLINE SERVICES for lawful purposes and in accordance with these Terms. You may not use the ARBY’S CANADA ONLINE SERVICES:

  • for any purpose that is unlawful or prohibited by these Terms;
  • to cause harm or damage to any person or entity;
  • interfere with the proper operation of the ARBY’S CANADA ONLINE SERVICES;
  • to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Arby’s in its sole discretion); or
  • to reproduce, duplicate, copy, sell, resell or otherwise exploit the ARBY’S CANADA ONLINE SERVICES for any commercial purpose that is not expressly permitted by Arby’s.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ARBY’S AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,

FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (THE “ARBY’S PARTIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY ARBY’S CANADA ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the Arby’s Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the ARBY’S CANADA ONLINE SERVICES.

7. Provision of the ARBY’S CANADA ONLINE SERVICES

We are constantly improving the ARBY’S CANADA ONLINE SERVICES to provide the best possible experience for you and other users. You acknowledge and agree that the ARBY’S CANADA ONLINE SERVICES, or certain features of the ARBY’S CANADA ONLINE SERVICES, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current ARBY’S CANADA ONLINE SERVICES is subject to these Terms.

You acknowledge and agree that we may decline to provide access to the ARBY’S CANADA ONLINE SERVICES or stop (permanently or temporarily) providing the ARBY’S CANADA ONLINE SERVICES (or any feature, program or content within the ARBY’S CANADA ONLINE SERVICES) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the ARBY’S CANADA ONLINE SERVICES at any time. You do not need to specifically inform us when you stop using the ARBY’S CANADA ONLINE SERVICES.

You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the ARBY’S CANADA ONLINE SERVICES, your account details, or any files or other content which are contained in your account. If you have stored an Arby’s Gift Card in your account, that information will no longer be accessible through your account. However, the associated physical Arby’s Gift Card may still be used. Accordingly, we strongly recommend that you always retain your physical Arby’s Gift Card and not rely solely on the ARBY’S CANADA ONLINE SERVICES to access your Arby’s Gift Card information.

If you use a mobile device to access the ARBY’S CANADA ONLINE SERVICES, the following additional terms and conditions (“Mobile Terms”) also apply:

  • You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the ARBY’S CANADA ONLINE SERVICES. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
  • You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
  • Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
  • When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate shortcode.
  • Message frequency depends on the program.

YOUR ACCESS TO AND USE OF THE ARBY’S CANADA ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.

8. Product Sales and Availability

All products displayed on the ARBY’S CANADA ONLINE SERVICES are made available by franchisees and other third parties not owned or operated by Arby’s,. Arby’s may run national promotions relating to the sale of these products, but the third party franchisees and other third parties set the prices for the products and determine product availability. Arby’s reserves the right without prior notice to discontinue any national promotions or stop displaying the Arby’s or Arby’s branded products through the ARBY’S CANADA ONLINE SERVICES.

9. Service-Specific Terms and Conditions

9.1. Arby’s Loyalty Program

Arby’s may run one or more loyalty programs in the United States and programs may differ by geography. To participate in one of the loyalty programs (“Loyalty” or “Loyalty Program”), you may enroll online, or through the Arby’s mobile applications. You may also enroll by connecting a Third Party Service to our Service. When you enroll by connecting a Third Party Service, we may create a loyalty account with an associated Baskin Card or membership ID number. You may use this card/membership ID number to earn points and redeem rewards at Arby’s and other participating partners. If you elect not to receive promotional emails, you may not receive certain offers and promotions other than transaction emails regarding reward certificates and account details and charges.

When you enroll in a Loyalty Program through any method, you agree to the Loyalty Program-specific terms and conditions, as may be amended from time to time. Those terms and conditions are hereby incorporated into these Terms and the collective Terms

shall govern your participation in a Loyalty Program. To the extent there is a conflict between the terms of the Loyalty Program and the Terms presented on this page, the terms of the Loyalty Program govern.

9.2. Arby’s Marketing Communications Emails

To receive emails with the latest news and offers about Arby’s, you may opt-in to receive Arby’s Marketing Communications. We reserve the right to modify or terminate any prior marketing communications programs (formerly UpDDate).

Opting Out of Marketing Communications or Loyalty Communications.

If you opt-in through your Marketing Communications /Loyalty profile, we will use email to communicate offers and news. We also may use direct mail to communicate with you.

To opt-out of Marketing Communications, update your profile by un-checking the appropriate box OR click on the unsubscribe link within an email communication.

9.3 Arby’s Mobile Applications

9.4.1 Offers and Settings

We may make special offers available from time to time through our mobile applications (“App Offers”). App Offers may be based on your particular location or purchasing history on our mobile applications and may only be available for a limited period of time. App Offers are only available in participating locations and may be subject to additional terms and conditions as described in the App Offer.

Our mobile applications are designed to integrate with several elements of your device’s native functionality. Accordingly, if you choose not to enable your device’s GPS/location settings, push notifications, text messages or other device functionality, or if you chose not to provide your postal code, some features of our mobile applications and market specific offers may not be available to you. To opt-out of receiving push notifications from our mobile applications, adjust the permissions in the settings section of your device or delete the mobile application.

9.4.2 Mobile Ordering

Mobile Ordering is a feature that is integrated within certain of our mobile applications. In order to earn Loyalty points while using Mobile Ordering, you must be enrolled in a Loyalty program and logged into your account. Ordering under Guest Checkout will not earn loyalty points. While certain offers may not be available for Mobile Ordering purchases in our mobile applications, applicable Loyalty points will automatically be applied to your order. This feature is only available in participating locations, and menu items and prices may vary by location and franchisee. In addition, not all menu items may be available or in-stock through Mobile Ordering. If any item from your order is not

available or not in stock when you arrive, the franchisee will give you the opportunity to choose a substitute item, or you may request a refund for that item. Mobile Ordering is subject to these Terms and may be subject to additional terms and conditions as described in our mobile applications or in store by the applicable franchisee, including any franchisee cancellation, return, exchange and/or refund policies. When your order is accepted, you will receive a confirmation email setting out the details of the order. The date of your order is the date set out in the email confirmation.

9.4.3 Compabilty

In order to use the ARBY’S CANADA ONLINE SERVICES made available through our mobile applications, you must have a compatible mobile device, and Arby’s does not warrant that any mobile application will be compatible with your mobile device. From time to time, our mobile applications may require the downloading and installation of updates or new versions for continued use or functionality, or, alternatively, our mobile applications may automatically download and install updates from time to time or. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions.

10. Arby’s Disclaimer of Warranty and Limitation of Liability

To the fullest extent allowed by applicable law, Arby’s is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the ARBY’S CANADA ONLINE SERVICES or any materials available in any Arby’s Online Service. Arby’s shall not be liable even if Arby’s or a Arby’s authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Except as expressly otherwise stated, Arby’s does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the ARBY’S CANADA ONLINE SERVICES. Without limiting the generality of the preceding sentence, Arby’s specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the ARBY’S CANADA ONLINE SERVICES.

Arby’s does not guarantee that the functions contained in any of the ARBY’S CANADA ONLINE SERVICES will be secure, uninterrupted or error-free, that each the ARBY’S CANADA ONLINE SERVICES will be free of viruses or other harmful components, or that defects will be corrected even if Arby’s is aware of them.

Except as set forth below and where allowed by applicable law, in no event will Arby’s and its parent's or affiliates' total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the ARBY’S CANADA ONLINE SERVICES or $100, whichever is less. Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.

Nothing in these Terms will exclude or limit Arby’s’ liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud.

11. Copyright and Trademark

Unless otherwise noted, all materials published on any ARBY’S CANADA ONLINE SERVICE are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Arby’s and/or its subsidiaries and affiliates or by other parties that have licensed their material to Arby’s. You have no right, title, or interest in or to the ARBY’S CANADA ONLINE SERVICE or to any content on the ARBY’S CANADA ONLINE SERVICE.

Arby’s marks displayed in the ARBY’S CANADA ONLINE SERVICES represent some of the proprietary rights currently owned or controlled by Arby’s in Canada and/or in other countries and are not intended to be a comprehensive compilation of all Arby’s ' worldwide proprietary ownership rights.

You may only use the ARBY’S CANADA ONLINE SERVICE for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the ARBY’S CANADA ONLINE SERVICE, in any form or medium whatsoever except: (a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; (c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and (d) in the event social media platforms are linked to certain content on the ARBY’S CANADA ONLINE SERVICE, you may take such actions as the ARBY’S CANADA ONLINE SERVICE and such third-party social media platforms permit.

You may not remove or alter any copyright, trademark or other proprietary right notice in the ARBY’S CANADA ONLINE SERVICES. All rights not expressly granted are reserved.

12. Third Party Links and Services

12.1. Third Party Links

The ARBY’S CANADA ONLINE SERVICES may link to, interact with or be available on websites, platforms, and services or products operated and owned by third-parties (“Third Party Services”) such as social media providers and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.

Third Party Services may also link to the ARBY’S CANADA ONLINE SERVICES in ways that are beyond our control. We cannot control the content, functionality or accuracy of Third Party Services, even if someone from Arby’s occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on Third Party Services and cannot vouch for the data, opinions, advice or statements made there. Further, we are not responsible for the goods or services that may be offered through Third Party Services.

12.2. Third Party Social Networking Services and Logins

The ARBY’S CANADA ONLINE SERVICES may allow you to post to or otherwise interact with certain Third Party Services, such as social media and social networking services like Facebook or X (“Social Networking Services”). Logging in or directly integrating these Social Networking Services with the ARBY’S CANADA ONLINE SERVICES may make your online and mobile experiences richer and more personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please remember that the way Social Networking Services use, store, and disclose your information is governed solely by the policies of those third parties that operate those Social Networking Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.

12.3. Third Party Products

The ARBY’S CANADA ONLINE SERVICES may be accessed on third-party devices or other products (“Third Party Products”). For example, you may be able to access the ARBY’S CANADA ONLINE SERVICES using voice functionality services available through the microphone on a Third Party Product. We have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.

13. Errors and Inaccuracies

The ARBY’S CANADA ONLINE SERVICES may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the ARBY’S CANADA ONLINE SERVICES is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of colour or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund, if required by law.

14. Feedback and Submissions

Arby’s is unable to accept unsolicited ideas. By submitting any material to us through any of the ARBY’S CANADA ONLINE SERVICES, you expressly grant to Arby’s and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Arby’s and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise ("your identification"), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called "moral rights" have been waived.

15. Geographical Scope of the ARBY’S CANADA ONLINE SERVICES

Arby’s makes no representation that any materials on the ARBY’S CANADA ONLINE SERVICES are appropriate or available for use outside Canada. If you access the ARBY’S

CANADA ONLINE SERVICES from outside Canada, be advised the ARBY’S CANADA ONLINE SERVICES may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the ARBY’S CANADA ONLINE SERVICES are responsible for compliance with all local laws applicable to them with respect to the content and operation of the ARBY’S CANADA ONLINE SERVICES. The ARBY’S CANADA ONLINE SERVICES are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Arby’s or its affiliates to any registration requirement within such jurisdiction or country.

Except with respect to the Quebec jurisdiction, this English-language set of terms is Arby’s' official statement of its terms of use for all the ARBY’S CANADA ONLINE SERVICES. In case of any inconsistency between these English-language set of terms and its translation into another language, these English-language Terms prevail. For Quebec, the French-language Terms prevail.

16. Franchise Prospects

If you are a franchisee or potential franchisee, you may use the ARBY’S CANADA ONLINE SERVICES for the purpose of learning about the Arby’s franchise system or operating your franchise. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via www.arbysfranchising.com.

Certain materials on the ARBY’S CANADA ONLINE SERVICES describe the Arby’s system. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our delivery of the Franchise Disclosure Document to you in compliance with local federal and provincial laws regulating the sale of franchise opportunities.

17. Governing Law

These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflicts of law principles.

18. Electronic Communications

Your use of the ARBY’S CANADA ONLINE SERVICES constitutes electronic communication with Arby’s. When you communicate with us via the ARBY’S CANADA ONLINE SERVICES or any other form of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically, and that any such electronic communications, including notices, disclosures, agreements, and other communications are equivalent to written communications, satisfy any legal or contractual

requirement that such communications be in writing, and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

19. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. UNLESS PROHIBITED BY APPLICABLE LAW, YOU AND ARBY’S AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

 

WE BOTH AGREE TO ARBITRATE. You hereby agree that any dispute between you and Arby’s and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Arby’s”) arising from or relating to (a) your use or misuse of the ARBY’S CANADA ONLINE SERVICES (including without limitation any Arby’s Card or Arby’s Card), (b) these Terms and their interpretation or the breach, termination or validity thereof or (c) the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in Toronto, Ontario administered by the ADR Institute of Canada under its ADRIC Arbitration Rules (“Rules” available at https://adric.ca/rules-codes/arbrules/), in effect on the date thereof. If there is a conflict between the Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern.

 

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.

 

PRE-ARBITRATION PROCEDURES. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advance written notice of its intent to file for arbitration. During such 60-day notice period, we agree to endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.

 

ARBITRATION PROCEDURES. To initiate arbitration, you or Arby’s must do the following things:

 

(1) Write a written Notice of Request to Arbitrate. The Notice must include a description of the claim and the amount of damages sought to be recovered, among other information. You can find a full list in section 2.1.2. of the Rules at https://adric.ca.

(2) Send one copy of the Notice of Request, plus the appropriate filing fee to: ADR Institute of Canada, Inc. 705-130 Albert Street, Ottawa, ON K1P5G4.

(3) Send one copy of the Notice of Request to the other party.

 

Payment of all filing, administration and arbitrator fees will be governed by the Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Arby’s will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Arby’s for all fees associated with the arbitration that Arby’s paid on your behalf, which you otherwise would be obligated to pay under the Rules.

 

 

AUTHORITY OF ARBITRATOR. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

NO CLASS ACTIONS. Arby’s and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. To the extent allowed by applicable law, neither Arby’s nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.

 

WAIVER OF JURY TRIAL. UNLESS PROHIBITED BY LAW, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient

and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Arby’s in any provincial or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ARBY’S WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH A LAWYER IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 

OPT-OUT OF AGREEMENT TO ARBITRATE. You can decline this agreement to arbitrate by contacting Arby’s via any of the methods in our Contact Us link found here and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be sent no later than 30 days after the date you first accept the Terms by using the ARBY’S CANADA ONLINE SERVICES.

 

If any provision of the agreement to arbitrate in this section is found unenforceable, the remaining arbitration terms will be enforced. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, then such dispute between us arising under the Terms or your misuse of the ARBY’S CANADA ONLINE SERVICES will be subject to the jurisdiction and venue of the provincial and federal courts located in Toronto, Ontario, and governed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding its conflict of law rules.

20. Taxes

You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the ARBY’S CANADA ONLINE SERVICES by any authority.

21. General Provisions

No delay or failure on the part of Arby’s to enforce any part of these Terms will constitute a waiver of any of Arby’s' rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Arby’s nor the reliance of any person on Arby’s' actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Arby’s will have any legal effect whatsoever. To the extent permitted by applicable law, if any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon

each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Arby’s but you may not assign them without the prior express written consent of Arby’s. The headings and captions contained herein are for convenience only.

22. Contact Arby’s

If you have questions regarding any of these Terms, you can contact us here or write to us at Arby’s Customer Service, Arby’s Restaurant Group, Inc., 3 Glenlake Pkwy, Atlanta, GA 30328. Our Toll-Free number is 1-800-599-2729.