TERMS & CONDITIONS / PRIVACY POLICY

We believe in full transparency. It is important to show all terms and conditions pertaining to our popular Key To The City so there is a clear understanding for both sides, the Keyholder and Us:

1. DEFINITIONS. The following definitions are used to describe terms identified in this ‘Terms and Conditions’ and ‘Privacy’ documents.

“Participating Merchant(s)” refers to merchants that offer the “Benefit” on the Site (www.clefdemontreal.com) with the display of a “Valid – Year Key To The City”. “Valid Clef de Montreal” refers to the key that is purchased through this website that are used to display at participating Merchants and claim a benefit as identified on this website.

A “Valid Key To The City” is only valid on or before the expiry date indicated on the “Key To The City”.

“The Site” refers to clefdemontreal.com.

“Perk(s)” refers to a participating Merchant benefit or discount identified on clefdemontreal.com (“the Site”) that can be claimed by showing a “Valid Key To The City” to a participating merchant subject to the terms and conditions of “the Site” and the “fine print” noted for each participating Merchant.

“Key To The City” refers to the business which owns and operates “the Site” (www.clefdemontreal.com) and provides the “Valid Key To The City” for sale.

“Fine Print” refers to any terms and conditions for each “Benefit” indicated by the “Participating Merchant”.

“Event” refers to your voluntary participation in any event, party or activity organized by Clef de Montreal through “the Site” or any social media page operated by same.

“Content” refers to any text, images, audio clips, video clips, software and other materials included on “the Site”.

2. PARTIES. This document forms a legally binding agreement between you, a person who decides to purchase a “Valid Key To The City” or obtain information from “the Site”, and Clef de Montreal.

3. WEBSITE TERMS AND CONDITIONS. The materials on “the “Site”, which may include text, images, audio clips, video clips, software and other materials (the “Content”), are provided by Clef de Montreal for informational purposes only. By accessing the Site or downloading any “Content”, you agree to be bound by the terms and conditions set out below (“Terms and Conditions”). If you do not agree to these terms and conditions, do not access the Site or download any Content.

4. GENERAL DISCLAIMERS. Clef de Montreal intends for the “Content” on “the Site” to be accurate and reliable, however, since the “Content” has been compiled by Clef de Montreal from a variety of sources, it is provided to you “as is” and “as available.” Clef de Montreal ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE “CONTENT” OR PERKS, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE “CONTENT” AND TO ANY MATTER RELATING TO “THE SITE”, INCLUDING, BUT NOT LIMITED TO, IMPLIED ACTUAL VENUES, PRODUCTS OR SERVICES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PERKS ARE AGREED TO BY MERCHANT PARTNERS. Clef de Montreal is not liable for perks not honoured at venues on the Montreal Key To The City program due to merchant handling beyond our reasonable control. However, we train all venues and ensure they keep with full compliance rules as we take compliance of all VIP Perks very seriously. ALL PERKS ARE SUBJECT TO CHANGE OR REMOVAL WITH NOTICE ON WEBSITE AND/OR APP.

Links available on “the Site” will allow you to link to Web sites not maintained or controlled by Clef de Montreal. Clef de Montreal provides these links for your convenience, and is not responsible for the contents of any linked site. Clef de Montreal cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links, and makes no representation or endorsement whatsoever about any other Web site which you may access through “the Site”. It is your responsibility to ensure that any Web site you choose to use is free of potentially destructive items such as viruses.

IN NO EVENT WILL Clef de Montreal BE LIABLE FOR ANY DAMAGES OR COSTS WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR PHYSICAL KEY TO THE CITY OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. USE OF THE SITE. You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on “the Site”: constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; which is protected by copyright, or other intellectual property right, or derivative works thereof, without obtaining permission of the copyright holder; or otherwise use this Site in a manner which is contrary to law or Netiquette, or which would adversely impact use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.

6. COPYRIGHT. All “Content” published on or otherwise accessible through “the Site” is protected by copyright. The “Content”, and the copyright in the “Content”, are owned or controlled by Clef de Montreal or its advertisers. You may only use or reproduce the information in the “Content” for your own personal, non-commercial or educational use. The “Content” may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any “Content” on or accessed through “the Site”, and maintain such notices in the “Content”.

7. PRIVACY AND CONFIDENTIAL INFORMATION. Clef de Montreal Privacy Policy noted on “the Site”, is a binding part of these Terms and Conditions.

8. INDEMNITY. You agree to defend, indemnify and hold Clef de Montreal and its related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms and Conditions by you or users of your account, or in connection with the use of this Site or physical Key To The City or the placement or transmission of any information or other materials on “the Site” by you or users of your account.

9. TERRITORY. Clef de Montreal originates and operates fully out of Toronto, Ontario Canada.

10. TERMS. The agreement shall begin when you partake in any of the services of Clef de Montreal. Using the service and/or key constitutes acceptance of the Terms of Sale, Terms of Use and Attendance at Events. If you do not agree to these Terms, you will not be able to purchase a “Valid Clef de Montreal” or participated in an “Event”. The Terms of Use with Clef de Montreal is indicated on the “Valid Clef de Montreal” and will be noted at the point of sale. The purchase of a “Valid Toronto Key To The City” and/or attendance to an “Event” are non-refundable due to very limited production of Keys each year and potential of those Keys being used prior to potential return. Clef de Montreal Terms and Conditions are subject to change at any time. Your continued use of this service constitutes your acceptance of the new Terms and Conditions. Notice will be given by updates to our web site, e-mail or other means.

Unauthorized or unlawful reproduction, resale, modification or trade of our trademarked “Clef de Montreal” is prohibited.

11. TERMS OF SALE. A “Valid Clef de Montreal”(s) purchased through “the Site” or through Merchants authorized by Clef de Montreal will provide you with a special loyalty promotional offer(s) (“Perk”) that is redeemable through “Participating Merchants” identified on “the Site” and mobile app.

“Perks” indicated on “the Site” are redeemable for certain goods, services and/or experiences offered by, or facilitated through, a “Participating Merchant” identified on “the Site”. The “Participating Merchant” is solely responsible for redeeming the “Perk or VIP benefit”.

The “Participating Merchant” is the issuer of the “Perk” and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of the “Perk” or not. You waive and release Clef de Montreal and any of its affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a “Participating Merchant” in connection with your use of the “Perk” it provides in connection with it. Clef de Montreal are not liable if any issues arise with redemption of advertised “Perk” at the merchant locations listed on www.clefdemontreal.com. If an issue arises, you may let us know so we can investigate by writing to us at: info@clefdemontreal.com.

By purchasing a valid “Clef de Montreal”, you agree to the terms of this Agreement and these Terms of Sale.

“Participating Merchants”, “Perk” provided by Participating Merchants” and the “fine print” associated with a “Perk” on a “Participating Merchant” webpage on “the Site” are subject to change (including removal) without notification. Clef de Montreal cannot guarantee that the “Participating Merchant”, “Perk” provided by a “Participating Merchant” and ‘the “fine print” associated with a “Perk” on a “Participating Merchant” webpage on “the Site” will remain the same at the time of or after your purchase of a “Valid Clef de Montreal”.

12. TERMS OF USE. Clef de Montreal is a service provider for the “Participating Merchant” identified on “the Site” and the “Participating Merchant” is the sole issuer of the “Perk”. A “Perk” does not have any cash value and are not redeemable for cash.

We take compliance VERY SERIOUSLY with all VIP perks and their corresponding partners. We will remove any business partner that does not honour perks if found to be in violation. If a “Participating Merchant” refuses to honor their “Perk”, please report this to info@clefdemontreal.com

By redeeming a “Perk” at a “Participating Merchant”, you agree to these Terms of Use and any specific “fine print” identified on “the Site”. These rules apply to all benefits that Clef de Montreal makes available, unless the “fine print” of a particular “Perk” noted on “the Site” states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and the “fine print” identified by a “Participating Merchant” on “the Site”, the “fine print” will control.

13. ATTENDANCE AT EVENTS. Clef de Montreal is not responsible for any personal injury or property damage inflicted by participants at Toronto Key To The City “Events”. Clef de Montreal is not responsible for any personal lost or stolen articles or items during your attendance at “Events”. There is no guarantee of the number, quality or pricing of “Events” provided during your attendance at Clef de Montreal Events.

You will be respectful to attendees and staff at a Clef de Montreal “Event”. You will not solicit or harass others when in attendance at a TClef de Montreal “Event”. You will not cause damage to the interior or exterior of a chosen “Event” venue, and if any damages are incurred you are solely responsible to the costs of such damages. If you are found to pose a safety threat to any attendee or staff, Clef de Montreal reserves the right to remove you immediately from the “Event” without explanation. You agree not to engage in any illegal substance or display abusive or aggressive behavior to others when at a Clef de Montreal “Event”. You understand that any reports of such will result in your ejection from the “Event”.

14. PHOTOGRAPH DISCLAIMER. Photographs may be taken at Clef de Montreal sponsored “Events” and posted on “the Site”. You are aware that no compensation will be made for the use of your photo for such purposes. Your photograph will not be used for any printed media advertisements without prior approval from you. If you see a photograph of yourself which you object to, please contact Clef de Montreal and the photo will be removed from “the Site”.

15. CHANGES. Clef de Montreal reserves the right to change or remove any “Content”, including “Participating Merchants” and “Perks” from “the Site”, in whole or in part, at its sole discretion, at any time, without notice.

16. REFUSAL OF SALE. Clef de Montreal reserves the right to refuse sale to anyone requesting to purchase a “Valid Clef de Montreal” without notice, on the ground that you breach the rules outlined herein at our discretion. Refusal to Sell a “Valid Clef de Montreal” will be done on the grounds of (but not limited to) falsifying personal information on your application form, breach of rules by you, solicitation or harassment at “Participating Merchants”.

17. ALCOHOL. Certain “Perks” offered on “the Site” may involve the purchase of alcohol. You must be of legal drinking age to claim this benefit from a “Participating Merchant”. “Participating Merchant(s)” have the right to ask you (a “Valid Clef de Montreal” holder) for a valid photo identification when claiming a “Perk” that contains alcohol. “Participating Merchant(s)” have the right to refuse you the purchase of a “Perk” if the “Valid Clef de Montreal” holder appears to be intoxicated and that their actions may be disruptive to other patrons or impact their own safety or the safety of other patrons.

18. PRIVACY POLICY: IN REGARDS TO MOBILE APP LOCATION HANDLING AND DATA. Clef de Montreal and Toronto City Key Ltd.will not sell any personal information to a third party without your written permission. Any data you submit to Clef de Montreal will be protected to the best of our ability. Due to the nature of internet technology however, Clef de Montreal cannot guarantee against potential security breaches. We value the privacy of all users of clefdemontreal.com and our mobile app. We employ the use of location data within our mobile app. This location data is paramount to bettering the experience of our Keyholders by showing you what is nearby and allowing you to search for closest business partners nearest to you. We protect this personal data and do not share with any third party. This location data is simply to ensure the best overall experience as a Keyholder whenever using our mobile app. You may choose to not allow this at any time in your settings.

Toronto City Key Ltd. is our official developer for the app and inquiries regarding any data handling or sharing proceedures can be sent to info@clefdemontreal.com. Data collected is simply used for establishing location of your phone when using the app. This can then deliver the closest locations to you by proximity for best experience when using our app. No data is shared with any third party and is not stored by Toronto City Key Ltd. or Clef de Montreal for long term access. This is simply used to deliver a better experience when using the app by showing what’s nearby with regards to partners who welcome you as a Keyholder with a VIP perk.

19. MISCELLANEOUS. These Terms and Conditions, including the Clef de Montreal Privacy Policy, is a binding part of these Terms and Conditions and other documents referenced herein, constitute the entire agreement between Clef de Montreal Privacy and you with respect to your use of this Site. Clef de Montreal’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that these Terms and Conditions and all related documents be drawn up in English.

20. SUBSCRIPTION AND RECURRING PAYMENT: A “Clef de Montreal” purchased on the “the Site” operate under Stripe credit card payments and PayPal which will automatically renew each year until Keyholder decides to cancel at any time. Recurring payments may be cancelled by you at any time via your PayPal account or by writing to us at info@clefdemontreal.com or through login on our website at www.clefdemontreal.com. You may also reach out to our 24/7 Live Chat support to assist with this. We offer a refund to anyone who has mistakenly renewed their “Clef de Montreal” membership if notified within 2 business days of the PayPal and/or credit card renewal charge at info@clefdemontreal.com. Any new “Clef de Montreal” sent to the subscriber must be cancelled within 2 business days as we ship Keys quickly. Once the Key has been shipped, there are no refunds. Keyholder subscriber enjoys the added benefit of keeping their rate grandfathered each year, for life, no matter how much the regular rate increases for new Keyholders or how many cities we add to our network.

21. EMAIL: Emails provided through the purchase of a Clef de Montreal or by contacting Clef de Montreal will be included on the Clef de Montreal distribution list. This will be used to send periodic newsletters regarding Clef de Montreal. The information you provide will not be shared with any third party without your permission. You may unsubscribe from the newsletter at any time.