General Terms of Service
These General Terms of Service (“General Terms”) are a legal agreement between you (“you,”
“your”) and: CKvirtualdrivethru.ca (“Carton Kings”). By using any of the CKvirtualdrivethru.ca
Services you agree to these General Terms, and any other policies referenced within (“Policies”).
You also agree to any additional terms specific to the Services you use (“Additional Terms”),
including but not limited to those linked below for your reference, which become part of your
agreement with us (collectively, the “Terms”). You should read all of our Terms carefully.
1. Privacy
You agree to Carton Kings’ Privacy Policy, which explains how we collect, use and protect the
personal information you provide to us.
2. Carton Kings Account Registration
You must open an account with Carton Kings (a “Carton Kings Account”) to use the
CKvirtualdrivethru.ca Services. During registration, we will ask you for information including
your name and other personal information. You must provide accurate and complete information
in response to our questions and keep that information current. You are fully responsible for all
activity that occurs under your Carton Kings Account, including for any actions taken by persons
to whom you have granted access to the Carton Kings Account. Carton Kings reserves the right
to suspend or terminate the Carton Kings Account of any user who provides inaccurate, untrue or
incomplete information or who fails to comply with the account registration requirements.
3. Revisions, Disclosures and Notices
We may amend the Terms at any time with notice that we deem to be reasonable by posting the
revised version on our website or communicating it to you through the CKvirtualdrivethru.ca
Services (each a “Revised Version”). Unless otherwise stated, the Revised Version will be
effective as of the time it is posted. Your continued use of the Services after the posting or
communication of a Revised Version constitutes your acceptance of such Revised Version.
We may provide notices and other information about your Carton Kings Account to you
electronically, by posting it on our website, pushing notifications through the Services, or by
emailing it to the email address listed in your Carton Kings Account. Electronic disclosures and
notices have the same meaning and effect as if we had provided you with paper copies. Such
disclosures and notices are considered received by you within twenty-four (24) hours of the time
posted to our website, or within twenty-four (24) hours of the time emailed to you unless we
receive notice that the email was not delivered. If you wish to withdraw your consent to
receiving electronic communications, contact orders.cartonkings@yahoo.com. If we are not able
to support your request, you may need to terminate your Carton Kings Account.
4. Restrictions
You may not, nor may you permit any third party, directly or indirectly, to:
(a) access or monitor any material or information on any Carton Kings system using any manual
process or robot, spider, scraper, or other automated means;
(b) except to the extent that any restriction is expressly prohibited by law, violate the restrictions
in any robot exclusion headers on any CKvirtualdrivethru.ca Service, work around, bypass, or
circumvent any of the technical limitations of the CKvirtualdrivethru.ca Services, use any tool to
enable features or functionalities that are otherwise disabled in the Services, or decompile,
disassemble or otherwise reverse engineer the CKvirtualdrivethru.ca Services;
(c) perform or attempt to perform any actions that would interfere with the proper working of the
CKvirtualdrivethru.ca Services, prevent access to or use of the CKvirtualdrivethru.ca Services by
our other customers, or impose an unreasonable or disproportionately large load on our
infrastructure;
(d) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload,
post, transmit, resell or distribute in any way material, information or CKvirtualdrivethru.ca
Services from Carton Kings;
(e) transfer any rights granted to you under these General Terms or any Additional Terms;
(f) use the CKvirtualdrivethru.ca Services in a way that distracts or prevents you from obeying
traffic or safety laws;
(g) use the CKvirtualdrivethru.ca Services for any illegal activity or goods or in any way that
exposes you, other Carton Kings users, our partners, or Carton Kings to harm; or
(k) otherwise use the CKvirtualdrivethru.ca Services except as expressly allowed under these
General Terms and applicable Additional Terms. If we reasonably suspect that your Carton
Kings Account has been used for an unauthorized, illegal, or criminal purpose, you give us
express authorization to share information about you, your Carton Kings Account, and any of
your transactions with law enforcement.
5. Compatible Mobile Devices and Third-Party Carriers
We do not warrant that the CKvirtualdrivethru.ca Services will be compatible with your mobile
device or carrier. Your use of the CKvirtualdrivethru.ca Services may be subject to the terms of
your agreements with your mobile device manufacturer or your carrier.
6. Your Content
The CKvirtualdrivethru.ca Services may include functionality for uploading or providing photos,
logos, products, loyalty programs, promotions, advertisements and other materials or information
(“Content”). Although we have no obligation to monitor any Content, we have absolute
discretion to remove Content at any time and for any reason without notice. You understand that
by using the CKvirtualdrivethru.ca Services, you may be exposed to Content that is offensive,
indecent, or objectionable. We take no responsibility and assume no liability for any Content,
including any loss of or damage to any of your Content.
7. Copyright and Trademark Infringement
Carton Kings respects the copyright and trademark rights of others and asks you to do the same.
Carton Kings has adopted an Intellectual Property Policy regarding claims that third party
material infringes the copyrights or trademarks of others. Carton Kings responds to all valid
notices of such copyright and trademark infringement, and it is Carton Kings’ policy to suspend
or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks
of others.
8. Security
We have implemented technical and organizational measures designed to secure your personal
information from accidental loss and from unauthorized access, use, alteration, or disclosure.
However, we cannot guarantee that unauthorized third parties will never be able to defeat those
measures or use your personal information for improper purposes. You provide your personal
information at your own risk. You are responsible for safeguarding your password and for
restricting access to the Services from your compatible mobile devices and computer(s). You will
immediately notify us of any unauthorized use of your password or Carton Kings Account or any
other breach of security.
9. Communications
You consent to accept and receive communications from us, including e-mail, text messages,
calls, and push notifications to the cellular telephone number you provide to us. These
communications may be generated by automatic telephone dialing systems which will deliver
prerecorded messages, including for the purposes of secondary authentication, receipts,
reminders and other notifications. Standard message and data rates applied by your cell phone
carrier may apply to the text messages we send you. You may opt-out of receiving
communications by following the unsubscribe options we provide to you in those
communications. You acknowledge that opting out of receiving communications may impact
your use of the CKvirtualdrivethru.ca Services.
10. Services
Carton Kings- CKvirtualdrivethru.ca Services include free Services for which no fees are
charged (“Free Services”).
11. Taxes
Unless otherwise expressly stated, all CKvirtualdrivethru.ca Services are exempt of any Taxes as
defined under section 87 of the Indian Act (R.S.C., 1985, c. I-5) – see link:
www.canada.ca/en/revenue-agency/services/indigenous-peoples/information-indians.html.
You acknowledge and agree that Carton Kings is not providing any Tax advice and nothing
Carton Kings says or provides to you should be interpreted as such. For any Tax-related inquiries
in connection with the CKvirtualdrivethru.ca Services or these Terms, you should consult your
own Tax or legal advisor.
12. Termination
We may terminate all or any portion of the Terms or suspend or terminate your Carton Kings
Account or your access to any CKvirtualdrivethru.ca Service, at any time upon notice to you.
You may terminate the General Terms and Additional Terms applicable to your Carton Kings
Account by deactivating your Carton Kings Account at any time. You acknowledge that Carton
Kings may use third party service providers, agents or affiliates (“Service Providers”) to
facilitate use of the CKvirtualdrivethru.ca Services and that these Service Providers, if based
outside of Canada, are subject to the laws of foreign jurisdictions where those entities are
located. You agree that in the event that such Service Providers cannot process any transaction
referred to it by Carton Kings in connection with the CKvirtualdrivethru.ca Services, by reason
that such Service Providers may, by doing so, violate any law, regulation, rule or internal policy
applicable to it if it completes such transaction, then notwithstanding any other provision of the
Terms, such transaction will not be completed and any funds associated with such transactions
may be blocked and/or held indefinitely by Carton Kings’ Service Providers. In the event this
occurs, we also reserve the right to suspend or terminate your Carton Kings Account and we will
have no liability in respect of any such incomplete transaction or CKvirtualdrivethru.ca Services
rendered hereunder.
13. Effect of Termination
If these General Terms or your Carton Kings Account is terminated or suspended for any reason:
(a) the rights granted under these General Terms and any Additional Terms will end, (b) you
agree to immediately terminate and cease use of all CKvirtualdrivethru.ca Services, (c) we may
(but have no obligation to) delete your information and account data stored on our servers, and
(d) we will not be liable to you or any third party for compensation, reimbursement, or damages
for any termination or suspension of the CKvirtualdrivethru.ca Services, or for deletion of your
information or account data.
14. Your Account
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to
the CKvirtualdrivethru.ca Services, as authorized in these General Terms. We may make
software updates to the CKvirtualdrivethru.ca Services available to you, which you must accept
to continue using the CKvirtualdrivethru.ca Services. Any such updates may be subject to
additional terms made known to you at that time.
15. Ownership
We reserve all rights not expressly granted to you in these General Terms. We own all rights,
title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in
the Services and all copies of the Services. These General Terms do not grant you any rights to
our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights,
copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and
service mark rights, goodwill, trade secret rights, and other intellectual property rights that may
exist now or come into existence in the future, and all of their applications, registrations,
renewals and extensions, under the laws of any province, country, territory or other jurisdiction.
You may submit comments or ideas about the CKvirtualdrivethru.ca Services (“Ideas”). By
submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without
restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and
that we are free to use the Idea without any additional compensation to you, and/or to disclose
the Idea on a non-confidential basis or otherwise to anyone.
16. Indemnity
You will indemnify, defend, and hold us and our processors (and our respective employees,
directors, agents, affiliates and representatives) harmless from and against any and all claims,
costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including
reasonable legal fees) arising out of any claim, action, audit, investigation, inquiry, or other
proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged
breach of your representations, warranties, or obligations set forth in these General Terms or any
applicable Additional Terms; (b) your wrongful or improper use of the CKvirtualdrivethru.ca
Services; (c) your violation of any third-party right, including any right of privacy, publicity
rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of Canada
(including its provinces and territories) or any other country or any inaccuracy in any Tax
information provided hereunder; and (e) any other party’s access and/or use of the
CKvirtualdrivethru.ca Services with your unique name, password or other appropriate security
code.
17. Representations and Warranties
You represent and warrant to us that: (a) you are at least nineteen (19) years of age; (b) you are
located in Canada; (c) you are eligible to register and use the CKvirtualdrivethru.ca Services and
have the right, power, and ability to enter into and perform under the Terms; (d) you will not use
the CKvirtualdrivethru.ca Services, directly or indirectly, for any fraudulent undertaking or in
any manner so as to interfere with the operation of the CKvirtualdrivethru.ca Services; and (e)
your use of the CKvirtualdrivethru.ca Services will be in compliance with the Terms.
18. No Warranties
THE USE OF “CARTON KINGS” IN SECTIONS 17 AND 18 MEANS CARTON KINGS, ITS
PROCESSORS, ITS SUPPLIERS, (AND THEIR RESPECTIVE SUBSIDIARIES,
AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES). THE
CKVIRTUALDRIVETHRU.CA SERVICES ARE PROVIDED “AS IS” WITHOUT
REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, CARTON KINGS SPECIFICALLY DISCLAIMS
ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. CARTON KINGS DOES NOT WARRANT OR GUARANTEE THAT THE
CKVIRTUALDRIVETHRU.CA SERVICES ARE ACCURATE, RELIABLE OR CORRECT;
THAT THE CKVIRTUALDRIVETHRU.CA SERVICES WILL MEET YOUR
REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR
SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
19. Limitations of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
CARTON KINGS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR
UNAVAILABILITY OF THE CKVIRTUALDRIVETHRU.CA SERVICES. IN ALL CASES,
CARTON KINGS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT
REASONABLY FORESEEABLE. UNDER NO CIRCUMSTANCES WILL CARTON KINGS
BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM
HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE
CKVIRTUALDRIVETHRU.CA SERVICES OR YOUR CARTON KINGS ACCOUNT, OR
THE INFORMATION CONTAINED THEREIN.
Carton Kings makes no representations that the CKvirtualdrivethru.ca Services are appropriate or
available for use other than in Canada. Those who access or use the CKvirtualdrivethru.ca
Services from other jurisdictions do so at their own decision and are entirely responsible for
compliance with all applicable local laws and regulations, including but not limited to export and
import regulations. You represent that you are not a person or entity described or designated
under the provisions of any Canadian anti-terrorism or sanctions legislation (including under the
Criminal Code (Canada), the Special Economic Measures Act (Canada) or the United Nations
Act (Canada), or any associated regulations thereof) (a “Listed Person”). You may not use the
Services if you are or become a Listed Person. Unless otherwise explicitly stated, all materials
found on the Services are solely directed to individuals, companies, or other entities located in
Canada.
20. Third Party Products
All third-party Services are provided solely according to the warranty and other terms specified
by the Service provider, who is solely responsible for service and support for its product. For
service, support, or warranty assistance, you should contact the Services provider directly.
CARTON KINGS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY
DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-
INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
21. Assignment
Unless expressly authorized by Carton Kings, these General Terms, any Additional Terms and
any rights granted hereunder or thereunder may not be transferred or assigned by you and any
attempted transfer or assignment will be null and void.
22. Third Party Services and Links to Other Web Sites
You may be offered services, products and promotions provided by third parties and not by
Carton Kings (“Third Party Services”). If you decide to use Third-Party Services, you will be
responsible for reviewing and understanding the terms and conditions for these services. We are
not responsible for the performance of any Third-Party Services. The Services may contain links
to third party websites. The inclusion of any website link does not imply an approval,
endorsement, or recommendation by Carton Kings. Such third-party websites are not governed
by these General Terms. You access any such website at your own risk. We expressly disclaim
any liability for these websites. When you use a link to go from the Services to a third-party
website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third-party
website, including those that have a link in the Services, are subject to that website’s own terms,
rules and policies.
23. Other Provisions
These General Terms, and any applicable Additional Terms or Policies, are a complete statement
of the agreement between you and Carton Kings regarding the CKvirtualdrivethru.ca Services. In
the event of a conflict between these General Terms and any other Carton Kings agreement or
Policy, these General Terms will prevail and control the subject matter of such conflict. No
waiver of any term of these General Terms will be deemed a further or continuing waiver of such
term or any other term.
24. Contact Information
Please contact info.cartonkings@yahoo.com for all customer support and account related
inquiries.
25. Language
It is the express wish of the parties that these General Terms, applicable Additional Terms and all
related documents be drawn up and accepted in English only.