Terms & Conditions – COBS Club
COBS Bread authorizes you to view, copy, print and distribute the documents, pictures, related graphics and other materials published by COBS Bread/Bakers Delight on this website, provided that:
- The use is for non-commercial purposes only.
- The documents, pictures or related graphics available from this site are not changed in any way.
As a user of our website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this website without the express prior written consent of COBS Bread.
COBS Bread may amend or update these Terms and Conditions from time to time, with or without notice.
The online ordering portal is administered by a third party provider. COBS Bread is committed to ensuring the privacy of all users’ (Users) information.
USE OF THE ORDERING PLATFORM
If the website is used (including for online ordering), you are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities on our website and online ordering.
The COBS Bread online ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. COBS Bread reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.
In making the COBS Bread online ordering system (website and applications) available for use, COBS Bread merely acts as an agent of sub-franchisee stores from which the products or services will be provided (as selected by you or determined based on proximity to the delivery address) does not (except where you order from a COBS Bread corporate store) provide you with any goods or services makes no warranties or representations regarding the goods and services to be provided (including availability and delivery)
COBS Bread does not guarantee that the website or online ordering system will be free from viruses or other harmful components and you agree to hold harmless COBS Bread from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering and reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
In using COBS Bread online ordering system (whether via the website or an application) you acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices acknowledge that you contract with the individual store from which you order and not COBS Bread (except where you order from a COBS Bread owned store) and therefore you have no claim, recourse or action against COBS Bread whatsoever (except where you order from a COBS Bread owned store) and indemnify COBS Bread from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.
You agree to defend, indemnify and hold harmless COBS Bread the Master Franchisor and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with (i) your use of and access to the website (including any online ordering and applications) (ii) your violation of any term of these Terms and Conditions of Use and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right (iv) any claim that one of your User Submissions caused damage to a third party and (v) use of the User Submissions by COBS Bread.
ABILITY TO ACCEPT TERMS and CONDITIONS OF USE
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.
- In order to use the Services, all Users will need to submit certain personal information such as their email address, name, address, telephone number, gender and date of birth. Users may be asked to submit further information from time to time.
- The personal information that Users provide will only be used in connection with the Services offered by COBS Bread to communicate with Users in relation to the Services or to co-operate with any government, industry or regulatory authorities. COBS Bread reserves the right to use data (on an anonymous basis) in relation to Users’ use of the Services for marketing purposes.
- Unless expressly authorised to do so by the relevant User, COBS Bread will not disclose any User’s personal information to any third party except where the disclosure relates to the purposes for which the information was collected.
- Users may request at any time to see the personal information that COBS Bread holds on its behalf or to correct or update any personal information (to the extent that Users are unable to do so on the Website).
- COBS Bread will securely store Users’ personal information in Canada or in any other country, which COBS Bread may from time to time offer its Services. Users’ personal information may therefore be transferred outside of Canada
- COBS Bread may hold Users personal information both before and after the cancellation of each User’s account, but only for as long as COBS Bread is lawfully entitled to do so.
COBS Bread Loyalty Program
The COBS Club program (“Program” and/or the “COBS Club”) is operated by COBS Bread, BD Canada Ltd, (“COBS Bread”), 210-1100 Melville Street, Vancouver BC, V6E 4A6, 1-866-383-COBS. The Program is available at all COBS Bread bakeries across Canada and the US.
CONSENT TO THE SHARING OF INFORMATION
For greater certainty, by registering to the COBS Club Program, you consent to the sharing of information about you between us, affiliated companies and third party benefit providers so they know that you are a member of the COBS Club Program and can facilitate the fulfilment of your rewards and offers, and so that we can provide you with marketing offers based on your participation in the Program.
WHO CAN BECOME A COBS CLUB MEMBER?
To join the Program, you must have a valid Canadian or US mobile number and valid email address. The COBS Club Program is intended for personal use only. The Program is only open to residents of Canada (excluding residents of Quebec) and to residents of the United States. You must be the age of majority in your jurisdiction of residence, to participate in the COBS Club Program. If you are under the age of majority, you may not participate in the Program.
HOW DO I REGISTER AS A COBS CLUB MEMBER?
You can join the COBS Club Program (ie. Register as a member) by downloading the COBS Bread App on your AndroidTM or iPhone® device and completing the registration process within the app.
Once you have successfully registered, you will be a COBS Club member (also referred to as “you” in these Terms) of the COBS Club Program.
Upon verification of your account, you agree to receive benefits and rewards as determined and communicated by COBS Bread, including through push notifications sent to the mobile device you register with and at the email address you provide. Benefits and rewards may be sent to you directly to your registered email account or through the COBS Bread app. You can change your communications preferences using the preference centre within the COBS Bread app, and you may also use the ‘unsubscribe’ tool we include in our commercial emails to opt-out of commercial emails.
All benefits and rewards are offered to you and cannot be transferred or exchanged, unless expressly stated otherwise.
WHAT ARE BREADCRUMBS?
Breadcrumbs are the reward points that you earn by purchasing at COBS Bread bakeries (“Breadcrumbs”). You can monitor your Breadcrumbs balance at any time by logging into your COBS Club account through the COBS Bread app. We don’t want you to miss out on earning Breadcrumbs on your purchases, so always remember to scan your COBS Bread app in store, as we are unable to attribute a transaction to your account retrospectively.
AT WHAT RATE WILL I EARN BREADCRUMBS?
You will earn a minimum of 2 Breadcrumbs for every whole dollar, excluding taxes, that you spend at a COBS Bread bakery.
Sometimes we may also run promotions whereby you can earn bonus Breadcrumbs, for instance an offer to earn bonus Breadcrumbs on particular products or an offer to earn bonus Breadcrumbs on your whole purchase. Some of these offers may be exclusive personalized offers to earn bonus Breadcrumbs based on your individual profile, and will be available in your account in the COBS Bread app. From time to time and at our discretion, we may also choose to offer gratuitous Breadcrumbs unrelated to any purchase of goods or services, subject to the applicable law, and we may specify that such gratuitous Breadcrumbs expire after a period of time.
We may make these promotions available to all Program members, or to any subset of Program members at our discretion.
HOW CAN I EARN BREADCRUMBS?
Breadcrumbs can be earned for purchases made in-bakery at COBS Bread locations. To earn Breadcrumbs for an eligible purchase, you must present your COBS Bread app to the cashier at the time of your purchase and scan it to register your Breadcrumbs. Breadcrumbs cannot be earned for online purchases. COBS Club spend is calculated in CAD or USD for purchases made in COBS Bread bakeries in Canada or the United States, respectively. Please allow up to 3 business days from any transaction for Breadcrumbs to be posted to your account.
TRANSFER OF BREADCRUMBS
The Breadcrumbs and rewards registered to your COBS Club account are personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others, or used by you for any commercial purpose. You may have only one (1) COBS Club member account that is personal to you.
MEMBER DEACTIVATION AND BREADCRUMBS EXPIRY
A member’s account will be made dormant if:
- The member has not made a purchase eligible to earn Breadcrumbs at a COBS Bread location for a period of one (1) year from their last eligible purchase or redemption of Breadcrumbs; AND
- The member has not logged into their COBS Club account and redeemed Breadcrumbs or a Reward for a period of one (1) year from their last eligible purchase or redemption of Breadcrumbs.
A member can re-activate their account if they log into their COBS Club account AND make an eligible purchase at COBS Bread location, or if they redeem Breadcrumbs or a Reward within 60 days of their account being made dormant. If the member does so, all Breadcrumbs earned and remaining in the account will remain accessible to the member.
If a member does not re-activate their account within 60 days of its going dormant, their account will be deactivated and all Breadcrumbs and Rewards, and/or other benefits and rewards associated with the account will be lost, with no remuneration or other compensation.
Deactivated accounts, and any Breadcrumbs or Rewards associated with them, cannot be reinstated.
You can view and track your Breadcrumbs balance and available Rewards as well as additional benefits for which you are eligible as a COBS Club member on the COS Bread app.
All benefits and rewards will appear within your account in the COBS Bread app, and a communication will be sent to the registered email or COBS Bread app notification and are subject to availability. COBS Bread is not liable for any rewards, gifts, benefits or offers not being available for any reason. Substitutes may be offered at COBS Bread’s absolute discretion. Benefits and rewards are subject to any restrictions, limitations, or conditions that we place on them. Blackout periods, such as public holidays, bakery closures, etc. may apply. Subject to the applicable law, COBS Bread in its absolute discretion may change or amend a benefit or reward, including ceasing the benefit or reward, without notification.
Any rewards, gifts, benefits or offers communicated as part of the COBS Club Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read such terms and conditions carefully. Only COBS Club members who receive our communications are eligible to use and redeem any rewards, gifts, benefits or offers. All offers, gifts, benefits or rewards are not transferable and cannot be redeemed for cash or equivalent. Customers must present their COBS Bread app or mobile phone number in-store and any other form of redemption that may be required from time to time in order to redeem any such rewards, gifts, benefits or offers.
We may make these promotions available to all Program members, or to any subset of Program members at our discretion.
Once you have earned 200 Breadcrumbs, you will automatically receive a $5 voucher within your COBS Bread app that can be redeemed on your next in store purchase at COBS Bread (“Reward”). The availability of the Reward will appear in your COBS Bread app and must be marked as “Loaded” in your member account in order for the reward to be redeemed. The $5 reward must be fully redeemed in one (1) transaction within 14 days of issuance. When the $5 voucher is issued to your account, the corresponding 200 Breadcrumbs will be deducted from your account.
To redeem the benefits and rewards offered under the Program, you must scan your COBS Bread app on your smartphone or electronic device in bakery, in accordance with any terms that apply to the reward. Specific conditions may apply to certain benefits and rewards supplied, of which will be detailed with the benefit or reward coupon, advertising or communication. Redemption of the benefits and rewards offered under the Program are excluded from online purchases and phone orders.
To qualify for your Birthday Reward, you must join the COBS Club Program at least seven (7) days prior to your birthday, provide your birthday in your COBS Club member account information and make at least one (1) transaction at a COBS Bread bakery prior to your birthday each year. A Birthday Reward will be issued to your COBS Club account on the birthday date registered in your account for one (1) free cinnamon bun prior to the expiry date stated (“Birthday Reward”). The Birthday Reward offer is valid for 14 days after the member’s birthday. Only one (1) Birthday Reward will be issued per COBS Club member per calendar year.
OTHER OFFERS AND REWARDS
You may receive personalised offers that are only available to you and other select members, as determined by COBS Bread in its sole and absolute discretion. Certain benefits and rewards may not be available to all COBS Club members. It is at COBS Bread’s absolute discretion whether to supply you with these or any benefits or rewards.
CHANGE OF DETAILS
You are responsible for providing COBS Bread with accurate information for your account. Changes to your member account such as change of name, address, mobile number or email address should be updated immediately. COBS Bread is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of COBS Club communications and rewards, gifts or benefits. Changes to your details can be made on the COBS Bread app.
These Terms and Conditions, and your participation in the COBS Club Program, is governed by and will be construed in accordance with the laws of customer’s jurisdiction of residence in Canada or the US.
GENERAL MEMBER RESPONSIBILITIES
It is the responsibility of the COBS Club members to advise COBS Bread of any change of account details including name, email, mobile number, etc. immediately after the change. Updates can be made on the COBS Bread App, further verification requirements may be required. COBS Bread is not responsible for any late delivery or loss of benefits or rewards to COBS Club members relating to any failure by you to provide us with accurate information, or to notify us of any change in your details.
COBS Club members are responsible for all activity in the account including any activity by a third party. Individuals cannot share or have multiple individuals use or redeem rewards or benefits using the same COBS Club member account. Only one account can be linked to a single instance of the COBS Club app. There is a limit of one (1) COBS Club account per individual.
COBS Club members must not provide false or misleading information to COBS Bread and must not alter, reproduce, disclose or interfere with the details of other COBS Club members including prospective members.
Membership to the Program is free however all expenses for internet access to use the COBS Club app, access the Program website or access benefits and rewards offered are the responsibility of the COBS Club member.
These Terms are to be read in conjunction with, and subject to, any additional terms governing any benefit, promotion, discount or offer operated by COBS Bread.
COBS Bread reserves the right, subject to these terms and the applicable law, in its absolute discretion and without prior notice, to remove benefits or offers, terminate or disqualify any COBS Club member that COBS Bread has reason to believe has contravened these terms or has tampered or compromised any part of the Program that could jeopardize the fair and proper conduct of the Program. Failure by COBS Bread to enforce any of its rights at any stage does not constitute a waiver of those rights. COBS Bread’s legal rights to recover any loss, damages or other compensation from such offender are reserved.
COBS Bread reserves the right, at any time, to verify the validity and status of actual or prospective COBS Club members, registrations, verification of account details, Breadcrumbs, Rewards, and any other benefits or rewards issued and redeemed, including a COBS Club member’s identity, age, email and mobile phone number.
In the instance of a dispute of identity (including name, age, email or mobile phone number) of an actual or prospective COBS Club member, COBS Bread reserves the right, in its absolute discretion, to reject or determine the identity of the member.
We reserve the right at any time to update, change, modify, or revise all or any portion of these Terms, including without limitation the structure of the Program, the nature of the Breadcrumbs and Rewards offered, and the rates at which they are earned or redeemed. Any changes will become effective upon our discretion of the revised Terms, or on any date we specify. Your continued access to or participation in the Program or use of the Program app, after any such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates.
COBS Bread may terminate the Program and these Terms, at any time, with or without notice. If the Program and these Terms are terminated, this will result in the loss of any Breadcrumbs, Rewards, and any other benefits and rewards associated with the Program, with no remuneration or other compensation. Benefits, Breadcrumbs, Rewards and other rewards are not your property, do not have cash or monetary value, cannot be exchanged, transferred, redeemed of sold for cash or other compensation other than as contemplated in these Terms and any applicable additional terms, and subject to the applicable law, may be revoked, cancelled, limited, or modified at any time. Breadcrumbs have no value outside of this Rewards Program.
Interpretation of these terms shall be at the absolute discretion of COBS Bread, whose decision will be final and binding. COBS Bread is not liable for benefits and rewards that are obtained or lost due to fraudulent, unauthorised, or other unacceptable use, whether by the user or a third party. Should the Program be suspended or cancelled at any time, a notification will be placed on the COBS Bread website. Breadcrumbs, Rewards, and any other benefits and rewards are personal and cannot be assigned, sold, traded, willed or otherwise transferred except in accordance with these terms and conditions. Any assignment or transfer in violation of these terms and conditions will be void and may, at the discretion of COBS Bread result in the loss of membership in COBS Club, and/or cancellation of any Breadcrumbs, Rewards, and any other benefits and rewards.
If, in the sole opinion of COBS Bread, you abuse any of privileges or benefits of the COBS Club, fail to follow any of its terms and conditions or make any misrepresentation to COBS Bread, COBS Bread may, in its sole and absolute discretion, revoke any or all of the Breadcrumbs, Rewards, and any other benefits and rewards in your account and/or revoke your membership in COBS Club, with or without notification.
Breadcrumbs, Rewards, and any other benefits and rewards, information or activities associated with this Program are subject to verification at any time and for any reason. COBS Bread reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to COBS Bread – including, without limitation, government issued photo identification): (i) for the purposes of verifying your eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Program-related information that has been used or submitted in connection with this Program; and/or (iii) for any other reason that COBS Bread deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with the letter and spirit of these Terms and Conditions. If you fail to provide such proof to the complete satisfaction of COBS Bread within any timeline specified by COBS Bread, then you may be disqualified from the Program (and your Breadcrumbs, Rewards, and any other benefits and rewards, account and any other benefit aspect of the Program made available to you may be revoked, nullified and voided) in the sole and absolute discretion of COBS Bread. The sole determinant of the time for the purposes of this Rewards Program will be COBS Bread’s server machine(s). COBS Bread may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative.
COBS Bread reserves the right, in its sole and absolute discretion, to invalidate any Breadcrumbs, Rewards, and any other benefits and rewards it deems to have been awarded in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of these Terms and Conditions, as interpreted by COBS Bread in its sole and absolute discretion. Any Breadcrumbs, Rewards, and any other benefits and rewards that cannot be verified to the complete satisfaction of COBS Bread are subject to disqualification. COBS Bread will not be liable for the failure of any Breadcrumbs, Rewards, and any other benefits and rewards to be captured or recorded for any reason.
These Terms constitute the entire agreement between you and COBS Bread regarding your participation in the Program, your entitlement to collect and redeem Breadcrumbs, Rewards, and any other benefits and rewards and your entitlement to any other benefits of the Program, and supersede all previous versions.
DISCLAIMER OF WARRANTIES AND LIABILITIES
Use of the COBS Bread app may be dependent on certain hardware and software to operate, use or access any part of your account including benefits and rewards. COBS Bread is not responsible for a COBS Club member’s inability to access the COBS Bread app due to incompatible hardware or software.
COBS Bread is not responsible for any unauthorised use or access of a COBS Club member’s account including through the COBS Bread app and redemption of Breadcrumbs, Rewards, or any other benefits and rewards by third parties, including the unauthorised redemption. It is each COBS Club member’s responsibility to protect their account from misuse or access.
Any tax liability connected with receipt, use or redemption of any benefit or reward under the Program is the responsibility of the COBS Club member.
Events beyond COBS Bread’s control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbances, terrorism or war, which may materially affect our ability to perform, may cause us to suspend or terminate the Program. COBS Bread is not responsible for such instances including without limitation any injury or damage to you or any other person’s computer related to or resulting from participation in or downloading of any materials in the Program.
To the extent permitted by applicable law, COBS Bread will not be liable for any damages, loss or claim that you may suffer or incur (including but not limited to consequential loss) because of your use of and/or participation in the Program even if we have been advised of the possibility of damages. To the extent permitted by the applicable law, the Program, including all Breadcrumbs, Rewards, or any other benefits and rewards are provided as supplied, as is, and as available, without any warranties of any kind either expressed or implied. COBS Bread disclaims all warranties of merchantability, non-infringement and fitness for a purpose or that the Program will be error-free or free from harmful code.
Without limiting the foregoing, by reason of occasional technological difficulties, and to the extent permitted by applicable Law, COBS Bread will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Program including the COBS Bread app or inability to use the Program even if we have been advised of the possibility of damages.
You release COBS Bread, its officers, contractors, employees and agents against all loss, claims, costs, demands, damages and liabilities related to use or inability to use the Program.
In the event that any provision in these Terms is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms.