Membership Terms and Conditions

Governing Terms.

These terms and conditions (“Terms”) govern your membership in the Olive Foodies Club and, upon acceptance of your application for membership, will constitute a legally binding contract between you and Olive Foodies Club Ltd. (“Olive Foodies Club”, “we”, “us” or “our”). Please review these Terms carefully and ensure that you understand them prior to applying for your membership card. Any questions may be sent to us at inquiries@oliveclub.ca. By clicking “I agree to the Olive Foodies Club Membership Terms and Conditions” on the membership application form, you agree that you have read and understood these Terms, and agree to be bound by them. If you do not agree to these Terms, you may not become a member of the Olive Foodies Club. Please print and retain a copy of these Terms for your files. A copy will also be sent to you upon acceptance of your application for membership.

Who We Are and How to Contact Us:

Olive Foodies Club Ltd. is a British Columbia business corporation having its offices at 199 Denison Road, Victoria, British Columbia, Canada V8S 4K2, telephone: 2505923668, We may also be contacted via email at: inquiries@oliveclub.ca.

Amendments.

We may amend these Terms from time to time. The amended terms will be posted on our website [www.oliveclub.ca], and you should review these Terms prior to each renewal of your membership. You will be bound by the terms in force at the time of each renewal, unless an amendment is required by applicable law, in which case the amendment will apply as soon as we provide notice of it.

Membership.

Upon acceptance of your application for membership by Olive Foodies Club, you will be entitled to receive “members-only” discounts at participating restaurants, and other benefits of membership as detailed on the Olive Foodies Club website [www.oliveclub.ca]. Subject to the “Cancellation and Termination” provision set out below, membership in the Olive Foodies Club is for an initial period of twelve months from the date of our acceptance of your membership application. Upon expiry of the initial period, provided that you are not in breach of these Terms, you may renew your membership for subsequent twelve month periods upon payment of the applicable renewal fee.

Age of Majority / Void where Prohibited.

Membership in the Olive Foodies Club is offered only where it is lawful to do so, and only to those persons who have attained the age of majority in their province of residence. The age of majority in British Columbia is 19 years old.

Membership Cards.

Within five (5) days of our acceptance of your membership application, you will be issued a digital membership card. Olive Foodies Club will send your digital membership card to you at the email address that you have specified on your application form. Current membership cards are evidence of membership in the Olive Foodies Club only, and are not prepaid purchase cards, and have no cash value. The issuance of replacement cards will be subject to a 10% processing fee.

Non-Transferable.

Membership in Olive Foodies Club is personal to you, and may not be sold, lent, leased or otherwise transferred. Named members must be included in a dining party in order for Olive Foodies Club discounts to apply. Individual restaurants may limit the number of persons in a dining party who are entitled to benefit from the discount. Permitting your membership to be used by any other person constitutes a material breach of these Terms and will entitle Olive Foodies Club to terminate your membership.

Price and Payment.

The current annual and monthly membership fee is posted on the Olive Foodies Club website (www.oliveclub.ca). All amounts are in Canadian dollars. Fees are for membership in the Olive Foodies Club only. Fees do not include applicable taxes, which will be charged separately. Payment is by credit card only, and must be received in full by Olive Foodies Club upon acceptance of your membership application. Olive Foodies Club does not store any credit card information. Instead, we pass credit card information to a third party PCI Level 1 Compliant payment processor, who then stores the information in its system. Neither Olive Foodies Club, nor its directors, officers or employees, shall be responsible, and shall have no liability whatsoever, for any problems and resulting losses, costs or damages that arise as a result of user credit card information being misused after Olive Foodies Club has passed it to its payment processor for storage.

Privacy.

Your privacy is very important to us. Your personal information will be protected in accordance with the Privacy Policy posted on the Olive Foodies Club website (www.oliveclub.ca/privacy/), which is incorporated by reference into these Terms.

Use of your Olive Foodies Club Membership.

Members are entitled to receive discounts at participating restaurants that are available only to members of the Olive Foodies Club. You must advise the restaurant of your intention to take advantage of an Olive Foodies Club deal and present your valid Olive Foodies Club membership card, prior to ordering. If reservations are needed, some restaurants may require that you state your intention to take advantage of an Olive Foodies Club deal at the time of making your reservation. Olive Foodies Club discounts cannot be used in conjunction with other offers unless expressly agreed by the participating restaurant.

Restaurants.

Participating restaurants offering deals to Olive Foodies Club members are solely responsible for defining the terms of those deals. Participating restaurants may withdraw or change their offered deals, and new participating restaurants may be added from time to time. Please read the deal descriptions contained on the Olive Foodies Club website carefully, and note any restrictions and exceptions. Members may take advantage of deals offered by participating restaurants to Olive Foodies Club members in accordance with the terms of the offer, while the offer is in effect. Olive Foodies Club will endeavour to keep information on its website current, but changes to participating restaurants and/or to offers made by participating restaurants may not always be immediately reflected on the website.

Cancellation and Termination.

You may cancel your membership: (i) within ten (10) days of receipt of your membership, or as otherwise required by applicable legislation, and (ii) at any time if Olive Foodies Club is in material breach of these Terms, and fails to rectify the breach within 30 days of receipt of written notice from you specifying the nature of the breach. Written notice of cancellation must be sent to Olive Foodies Club at inquiries@oliveclub.ca. Within fifteen (15) days of receipt of notice of cancellation, Olive Foodies Club will refund the remainder of your membership fee. Olive Foodies Club may terminate your membership at any time if you breach these Terms, or the Olive Foodies Club website Terms of Use [www.oliveclub.ca]. Olive Foodies Club may, but shall not be obliged to refund all or any part of your membership fees if your membership is terminated due to breach by you.

Effect of Cancellation or Termination.

Upon termination or cancellation, you will have no further right to benefit from Olive Foodie Club membership, and any rights granted to you under these Terms will immediately terminate. Except as expressly set out in Paragraphs 12 and 14, or as required by applicable law, we will not be obliged to refund any prepaid membership fees. Termination of your account will not relieve you of liability for any breach of these Terms or the website Terms of Use [www.oliveclub.ca] that occurred prior to termination or cancellation.

No Refund for Non-Use.

You are solely responsible for the use or non-use of your membership, and Olive Foodies Club shall not be liable for refunding membership fees for unused memberships unless you were prevented from using your membership due to the act or omission of Olive Foodies Club, its officers or employees.

No Warranties.

While Olive Foodies Club endeavors to select restaurants that will offer a quality experience to its members, Olive Foodies Club provides no representations or warranties of any kind regarding products or services advertised, accessed or obtained through Olive Foodies Club including, but not limited to warranties of quality, availability, merchantability, fitness for a particular purpose, cleanliness, timeliness, or that any food, beverages or services that you receive will be of a particular standard or satisfy your expectations. Dissatisfaction with any food, beverages or services received, and any other disputes between you and a participating restaurant are solely between you and the restaurant, and neither Olive Foodies Club, nor its shareholders, directors, officers, employees or agents shall have any liability in respect thereof.

Limitation of Liability.

In no event will Olive Foodies Club’s total liability for all losses, costs and damages of any kind arising under these Terms or otherwise in connection with your membership in the Olive Foodies Club exceed the amount of the membership fees actually paid by you during the current membership year. In no event will Olive Foodies Club, its shareholders, directors, officers, employees or agents be liable for any indirect, special, consequential or punitive damages of any kind, even if they were aware or ought reasonably to have been aware of such damages.

Our Intellectual Property.

Olive Foodies Club is a trademark of Olive Foodies Club Limited, and may not be used, copied, or imitated, in whole or in part, without our prior written permission.

Governing Law.

These Terms will be interpreted, construed and governed by the laws in force in the Province of British Columbia, and the federal laws of Canada applicable therein, without reference to its conflicts of laws principles. This agreement will be deemed to have been entered into in Victoria, British Columbia, and each party hereby agrees to submit to the exclusive jurisdiction of the courts of the Province of British Columbia sitting in Victoria, and to waive any objections based upon venue.

Other.

Our failure to exercise or enforce any right or remedy under these Terms shall not constitute a waiver of such right or remedy. The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions shall remain in full force and effect.

Entire Agreement.

These Terms and the Olive Foodies Club website Terms of Use [www.oliveclub.ca] contain the entire agreement between you and us governing your membership in the Olive Foodies Club and your use of the products and services offered to members, and there are no other terms express or implied. The legal agreement created by your acceptance of these Terms is personal, and cannot be transferred or assigned by you. We may assign this agreement and/or any of our rights or obligations under these Terms at any time.


Terms of Use (“Agreement”)

This Agreement was last modified on November 11, 2014

Please read these Terms and Conditions (“Agreement”, “Terms of Use”) carefully before using www.oliveclub.ca (“the Website”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.oliveclub.ca.By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Use. Capitalized terms are defined in this Agreement.

Information about Us

www.oliveclub.ca is operated by Olive Foodie Club Limited (Oliveclub) (“us”, “we”, or “our”). We are a limited company registered in British Columbia, Canada. The registered office is at 199 Denison road, Victoria, BC, Canada.

Accessing the Website

We reserve the right to withdraw or amend the service we provide on our site without notice. We shall not be held liable if for any reason our site is unavailable at any time or for any period. We reserve the right to restrict access to some parts of our site, or our entire site, to users who have registered with us. Users of our site must not disclose any chosen or given user identification code, password or any other security information to any third party. We reserve the right to disable user identification code or password, or terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Intellectual Property

The Site and its original content, features and functionality are owned by Olive Foodie Club Limited (Oliveclub, dba) and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may copy or download extracts or pages for personal reference only. However you shall not modify the paper or digital copies of any materials from our site including graphics, illustrations, videos, photographs and audios.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue
  • loss of business
  • loss of profits or contracts
  • loss of anticipated savings
  • loss of data
  • loss of goodwill

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned or controlled by Olive Foodie Club Limited.

Olive Foodie Club Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Links To Our Sites

You may link to our site, provided it is done in a fair and legal way that does not damage our reputation.

You shall not establish a link that suggest any form of association, approval or endorsement on our part that does not exist.

You shall not establish a link from any website that is not owned by you.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of BRITISH COLUMBIA, Canada, without giving effect to any principles of conflicts of law.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or or discontinue any use of the Site immediately.

Contact Us

If you have any questions or concerns about this Agreement, please contact inquiries@oliveclub.ca