Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. 

Your use of www.marksscrubclub.com (the "Site") is expressly conditioned on your acceptance without modification of the following Terms of Service (the "Terms of Service"). By accessing and using the Site, you signify your acceptance of these Terms of Service. 

Mark's Work Wearhouse Ltd. ("Mark's") may, in its sole discretion and for any reason, modify, supplement, or amend these Terms of Service without any notice or liability to you or any other person, by posting revised Terms of Service on the Site. Your continued used of the Site signifies your acceptance of such revised Terms of Service, so check back frequently to read the most recent version. 

OWNERSHIP 

The Site, its design, all text, graphics, content, video, audio and the selection and arrangement of the Site are the property of Mark's, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties") and are protected under the copyright laws of Canada and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Mark's and/or the applicable Third Parties. 

SCRUB CLUB, the SCRUB CLUB design, MARK'S, the MARK'S design and all other related trademarks and design marks displayed on the Site (collectively, the "Trademarks") are registered and common law trademarks of Mark's. Other trademarks and design marks appearing on this Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Mark's or such other party that may own the applicable trademarks. 

USE OF SITE 

Neither the Site nor its contents may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the written permission of Mark's, except that you may download, display, and print the content presented on the Site for your personal, non-commercial use only. Unauthorized use of the Site and/or the content contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices contained within the content on this Site. The use of such content on any other website or in any environment of networked computers is prohibited. 

You are prohibited from contributing, posting, or transmitting to this Site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. 

The Site is not intended for use by children under the age of 13. Use of the Site is void where prohibited by applicable law. 

In its sole discretion, in addition to any other rights or remedies available to Mark's and without any liability whatsoever, Mark's at any time and without notice may terminate or restrict your access to any component of the Site. 

USERNAME AND PASSWORD 

Your Site account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Mark's representative. Mark's recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. 

All login names and passwords remain the property of Mark's and may be cancelled or suspended at any time by Mark's without any notice or liability to you or any other person. Mark's is not under any obligation to verify the actual identity or authority of the user of any login name or password. 

You must immediately notify Mark's of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. 

PRIVACY 

You have read the Canadian Tire Privacy Charter, the terms of which appear on https://www.canadiantire.ca/en/customer-service/policies.html#privacycharter and are incorporated into these Terms of Service, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Mark's and/or Third Parties in accordance with the terms of and for the purposes set forth in the Privacy Policy. 

FEEDBACK 

Mark's enables visitors to the Site to provide Mark's with feedback by email or otherwise ("Feedback"). If you provide Feedback you grant Mark's a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Feedback. You also grant Mark's the right to use the name you submit with the Feedback, if any, in connection with Mark's rights hereunder. 

PRICING POLICY 

Mark's has attempted to match online prices to those in store; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the Site, typographical, illustrative, or pricing errors may occur. We reserve the right to correct errors at any time. 

All sale prices end at 1:59am ET of the posted end date. 

All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges, GST, PST, QST or HST. 

The Site offers limited-time sales values, special buys and items at Mark's' everyday low price. Regular prices shown are the prices at which the products have been sold by Mark's as of the date of issuance indicated. 

ORDERS & DELIVERY 

All advertisements on the Site are merely invitations for you to order goods or services from Mark's and are not offers to sell by Mark's. A correctly completed Review and Submit page delivered by you to Mark's constitutes your offer to purchase the goods or services listed in your order. Your order shall be deemed to be accepted only at the point when Mark's sends a shipping confirmation email to the email address you provided. If you wish to cancel an order, you may request a cancellation by sending an email to us at CSService@marks.com. However, your cancellation request may not be effective if we do not receive and process your cancellation request before we confirm shipment of your order. 

Mark's reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Mark's believes that customer conduct violates applicable law or is harmful to the interests of Mark's or any Third Parties. 

Products may be purchased for delivery to an address located in Canada only. All sizes quoted are approximate. Some items shown may require assembly. 

Please see "Help Center" for more information about shipping, our returns/exchanges policy and FAQ. 

USER CONTENT 

Certain features of the Site may permit users to upload, submit, and post content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Site. Mark's uses a variety of third-party social media websites, communication services, and media channels such as Facebook, Twitter, and Instagram (collectively, "Social Media Accounts") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Accounts will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site or Social Media Accounts. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site. 

Mark's does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the review forums, or otherwise contained in the Site and expressly disclaims all liability in connection with User Content submissions. Mark's disclaims all liability in connection with User Content, and you agree that Mark's and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content. 

If you are a Canadian Tire Family of Companies employee and submit a review as part of your User Content, you must disclose your employment status within that review. Canadian Tire Family of Companies includes SportChek, Marks, L'Équipeur, Party City, Helly Hansen, Canadian Tire Bank/Canadian Tire Financial Services, Atmosphere, Sport Experts, Pro Hockey Life, Trio Hockey (Sports Rousseau, Hockey Experts, L'Entrepôt Hockey), PartSource, Canadian Tire Gas+, and CT REIT. 

If you have any other material connection with Mark's (for example, you received the product for free, you have been sponsored by Mark's, or you are leaving the review as part of a contest or promotion), you must disclose your material connection with that review.  

By providing User Content via the Site or Social Media Account, you affirm, represent, and warrant that: 

• you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Mark's and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms of Service, in the manner contemplated by Mark's, the Site, and these Terms of Service; 
• your User Content, and the use of your User Content as contemplated by these Terms of Service, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause Mark's to violate any law or regulation or otherwise cause liability for Mark's; 
• the User Content was created by you, or you own or controls all rights in such User Content, such that you have all necessary licenses, rights, consents and permissions to publish the User Content and to grant the rights described herein, including permission from all person(s) appearing in the User Content; 
• if you are a Canadian Tire Family of Companies employee, or otherwise have a material connection with Marks, that you have disclosed this fact in any User Content you have submitted;  
• your User Content is accurate and based on actual experience; and 
• your User Content is not objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. 

When User Content you post on your social media account is selected by Mark's to be featured or re-posted on a Mark's Social Media Account, you will be contacted via the Social Media Account on which the User Content appears. Mark's will ask you for consent to use the specified User Content in accordance with these Terms of Service. You will be asked to reply with "I CONSENT" to grant consent. A direct response by you within the same message thread using the language specified will be deemed to constitute valid consent. If no response is received, the specified User Content will not be used by Mark's. BY REPLYING "I CONSENT", YOU ARE ENTERING INTO AN AGREEMENT WITH MARK'S AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION. THE CONSENT GIVEN BY YOU SHALL ONLY BE VALID FOR THE USER CONTENT SPECIFIED BY MARK'S. 

LICENSE TO USER CONTENT 

By providing consent, posting, displaying, uploading or providing User Content to the Site or Social Media Accounts, you herby grants to Mark's, the perpetual, non-exclusive, irrevocable, sublicensable, worldwide, royalty-free right and license to exhibit, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content in other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes, including but not limited to the advertising, marketing and promotion of Mark's and its products and services. The You acknowledge that you are not entitled to any compensation for use of the User Content by Mark's. 

MODERATION OF USER CONTENT 

Mark's does not and cannot review or screen all User Content and is not in any manner responsible for the content of User Content. You acknowledge that by providing you with the ability to view and distribute User Content on the Site, Mark's is not undertaking any obligation or liability relating to any contents or activities on the Site. Mark's reserves the right, but undertakes no duty, to at any time and without prior notice review, screen, remove, edit, move, delete, or block any User Content, in its sole discretion, without notice. If at any time Mark's chooses, in its sole discretion, to monitor the Site, Mark's nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. 

The User Content on the Site is public and reflects solely the opinions of the contributors of such User Content. The User Content in no way reflects the opinions of or are endorsed by Mark's. You therefore acknowledge that you, not Mark's, are responsible for the User Content.  

User Content may contain inaccuracies or typographical errors. Mark's is not responsible for any User Content nor does Mark's guarantee the accuracy, reliability, or completeness of any User Content. User Content is provided AS-IS without warranty of any kind, either express or implied. 

Mark's does not guarantee that you will have any recourse through Mark's to edit or delete any User Content you have submitted. However, if you wish to have your User Content removed, you can contact our customer service team at CSService@marks.com. 

Waiver and Release 

You hereby waive any and all claims to which you may become entitled for any reason whatsoever and does hereby release, remise and forever discharge Mark's and the Third Parties of and from any and all actions, causes of action, suits, debts, dues, sums of money, costs, claims and demands whatsoever, whether at law or in equity, which the Mark's or the Third Parties hereafter can, may or shall have, by reason of Mark's use of the User Content. 

You irrevocably and unconditionally waive (and agrees not to enforce) all rights in the User Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing, or which become law in the future in any part of the world. If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect, or enforce any of the rights you have granted to Mark's under these Terms of Service. 

MAXIMUM LIABILITY 

If, notwithstanding the foregoing, Mark's or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of www.marks.com or its content, the liability of Mark's and the Third Parties shall in no event exceed in the aggregate $250 CAD. 

INDEMNIFICATION 

You shall indemnify and save harmless Mark's and the Third Parties and their respective officers, directors, employees, consultants, representatives, and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Site or a breach of these Terms of Service. 

LINKS 

The Site contains links to websites owned or operated by other entities which are not associated or affiliated with Mark's or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Mark's or the Third Parties of the linked website or information contained therein or of their security or privacy practices. Mark's and the Third Parties shall not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on such websites. If you decide to access other websites, you do so at your own risk. Framing of the Site or any of its content in any form and by any method is prohibited. 

RELATIONSHIPS 

The relationship between Mark's and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other as a result of these Terms of Service or your use of the Site. 

GOVERNING LAW 

This Agreement and its performance shall be governed by the laws of the Province of Alberta, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Calgary, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of the Site and these Terms of Service. 

ADDITIONAL TERMS 

Additional Terms of Service apply to purchases of products and services. Additional Terms of Service may also apply to specific website functions available on the Site. 

SEVERABILITY 

These Terms of Service shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 

HEADINGS 

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service. 

ENTIRE AGREEMENT 

These Terms of Service, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral, or written) regarding the subject matter, and may not be amended or modified except by Mark's as set forth above. 

Revised June 9, 2023