Dana Account Terms and Conditions and Privacy Policy


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        <h1>Dana Account Terms and Conditions and Privacy Policy</h1>
<h2>Dana Hospitality&nbsp; Dana Card Terms of Use Agreement</h2>
<p>Updated Jun 17th, 2024</p>
<p>
    IMPORTANT - PLEASE READ: The following agreement describes the terms and conditions that apply to the pre-paid account and the use of any apps or websites of your Dana Card&nbsp;
    between you and Dana Hospitality.,
</p>
<p>
    By using your Dana Card, apps or websites you agree to the terms and conditions of this agreement. Please keep a copy of this agreement for your records.&nbsp;
    The terms and conditions of this agreement will govern the use of the Dana Card apps or websites by you or anyone else who holds or uses the Dana Card.&nbsp;
</p>
<p>
    For the purposes of this agreement, the&nbsp; Dana Card may be either a physical or virtual Dana branded card with or without your employer&#39;s branding,
    or it may be an employer supplied card or device such as an access or employee card that has been configured for use with the Dana Card system.<br />
    If the card was not supplied by Dana Hospitality and has multiple purposes such as access control or parking, this agreement only covers the use of the card in Dana cafes.
    This agreement does not replace or amend any other agreements regarding the card.
</p>
<p>
    <strong>About Your Dana Card Account: Dana Hospitality Purchases Only</strong><br />
    The Dana Card allows you to load a dollar value on to your Dana Card for future purchases at participating Dana Hospitality cafes.
    The dollar value that you load onto your Dana Card is a pre-payment only for the goods and services at participating Dana Hospitality cafes.
    No credit card, credit line, overdraft protection, or deposit account is associated with a Dana Card. Unless otherwise required by law or permitted by this agreement,
    any amount on your Dana Card is non-refundable and may not be redeemed for cash at Dana Hospitality cafes. No interest, dividends, or any other earnings on funds deposited
    onto a Dana Card will accrue or be paid or credited to you by Dana Hospitality. The value associated with the Dana Card is not insured by the Canadian Deposit Insurance Corporation (CDIC).
</p>
<p>
    Use of Dana Card is limited to participating Dana Hospitality locations. We reserve the right not to accept, load, re-load or re-issue any Dana Card or otherwise limit the use of a Dana Card
    if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
</p>
<p>
    <strong>Registering Your Card</strong><br />
    Once you have your Dana Card, you can register it <a href="http://www.Danahospitality.ca/card" target="_parent">online</a>&nbsp; or via the Eat Fresh Rewards App.
    in order to access the additional features of the Dana Card program such as protecting your balance on your card from loss or theft (see details below).
    After you register your card, you will receive e-mails from us for purposes of managing your account or providing you services relating to your Dana Card,
    including confirmation of re-loads and verification of accounts.
</p>
<p>
    <strong>Loading and Reloading Value on Your Card</strong><br />
    If permitted by your location, you can load (or reload) a dollar value on the Dana Card at Dana Hospitality cafes using cash, an approved credit card or debit card (where available).&nbsp;
    You may also reload a dollar value on the Dana Card by going <a href="http://www.Danahospitality.ca/card" target="_parent">online</a> or via the Eat Fresh Rewards App, using an approved credit card.&nbsp;
    The loaded amount will appear on your Dana Card immediately.
</p>
<p>
<p>
    <strong>Payroll Deduction</strong><br />
    If payroll deduction is set up for your location, the balance on a registered Dana Card will be permitted to be negative up to a defined credit limit. A Dana Card with a negative balance will be sent to the payroll department for payment on a regular schedule. This payment will return the card to a balance of $0.00. If you maintain a positive balance on your Dana Card, it will not be submitted to payroll.
</p>
<p>

    <strong>Fees and Expiration of Card Balances</strong><br />
    Dana Hospitality does not charge any fees for the issuance, activation, or use of your Dana Card and your Dana Card has no expiration date.
</p>
<p>
    <strong>Receipts and Statements</strong><br />
    Cardholders are not sent statements of itemized transactions from a Dana Card account. You can check the balance of your Dana Card online at our website or on the Eat Fresh Rewards App.
    You can review the ten most recent transactions on your registered Dana Card at our <a href="http://www.Danahospitality.ca/card" target="_parent">website</a>.
    The account balance for a Dana Card also will appear on your receipt from a point-of-sale register. When you use your Dana Card, you will be offered a receipt but will not be asked to sign the receipt.
    The receipt will indicate that the purchase was made using a Dana Card and will provide the remaining balance of your Dana Card.
    You should retain your receipts from each transaction in order to ensure that your account balance is correct. You will need to produce your receipt in the event of a balance dispute.
</p>
<p>
    <strong>Billing Errors, Corrections</strong><br />
    We reserve the right to correct the balance of your Dana Card account if we believe that a clerical, billing or accounting error occurred.
    We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question.
    You should monitor your transactions and account balances closely.
</p>
<p>
    <strong>Liability for Unauthorized Transactions</strong><br />
    Because your Dana Card is used like cash for purchases from Dana Hospitality, you are responsible for all transactions associated with your Dana Card, including unauthorized transactions.
    However, if your registered Dana Card is lost, stolen, or destroyed, it can be replaced with the balance remaining on it, but only if you have registered with us.
    If your Dana Card becomes lost, stolen or damaged, you should lock your registered card immediately from our web site.
    You may then request a replacement card from one of our cashiers unless its a employer supplied card, in which case go through your usual procedure.
    Once you have your replacement card, you can then transfer the balance from the old card to the new card.
    Your Dana Card balance is only protected from the point in time you lock the card.
</p>
<p>
    <strong>Privacy Statement</strong><br />
    If you register your card, we collect your name, email address, password and a contact phone number.
    This is used solely for the purposes of providing account access, returning found cards and emailed transaction info.
</p>
<p>
    <strong>Amendments to this Agreement</strong><br />
    We may amend the terms or conditions of this agreement at any time, including any rights or obligations you or we may have.
    We will post the terms and conditions of the amended agreement on our <a href="http://www.Danahospitality.ca/card" target="_parent">web site.</a>
    As permitted by applicable law, any amendment will become effective at the time we post the amended agreement on our web site or as otherwise stated in our notice to you.
    Unless we state otherwise, the amendment will apply to your future and existing Dana Cards.
    You are deemed to accept the amendments if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice,
    or (2) you use your Dana Card after such notice period. If you do not accept the amendments, upon written request, your Dana Card will be cancelled and any amounts remaining on your Dana Card will be refunded to you.
</p>

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<p>
    <strong>Suspension or Termination of this Agreement</strong><br />
    We may suspend or terminate this agreement in whole or in part at any time and for any reason or no reason without notice or liability to you, including in connection with the termination of the Dana Card program.
    If we terminate this agreement without cause, we will refund or issue cafe credits equal to the balance held in your Dana Card account.
</p>
<p>
    <strong>Governing Law</strong><br />
    This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, notwithstanding any conflict of law rules.
</p>
<p>
    <strong>Arbitration</strong><br />
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.
    ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
</p>
<p>
    <strong>Binding Arbitration</strong><br />
    This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship.
    Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this agreement or your use of the Dana Card
    (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court
    if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However,
    even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
</p>
<p>
    <strong>Arbitration Procedures</strong><br />
    You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute.
    You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the Arbitrations Act (Ontario) as modified by this agreement.
    Unless you and we agree otherwise, any arbitration will take place in Toronto, Ontario, and will be conducted in the English language.
    An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis,
    or award punitive damages or any other damages aside from the prevailing party&#39;s actual damages, except that the arbitrator may award on an individual basis damages
    required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be
    confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
    Judgment on any arbitration award may be entered in any court having proper jurisdiction.
    If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
</p>
<p>
    <strong>Costs of Arbitration</strong><br />
    All administrative fees and expenses of an arbitration will be divided equally between you and us.
    In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
    <br />
    Waiver of Punitive Damage Claims and Class Actions<br />
    By entering into this agreement, both you and we are waiving certain rights to litigate disputes in court.
    If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law,
    any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
</p>
<p>
    <strong>Disclaimers and Limits of Liability</strong><br />
    DANA HOSPITALITY MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE DANA CARD, INCLUDING, BUT NOT LIMITED TO,
    ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE,
    COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THIS MAY NOT BE APPLICABLE TO YOU.&nbsp;
    DANA HOSPITALITY HOSPITALITY DOES NOT REPRESENT OR WARRANT THAT YOUR DANA CARD WILL ALWAYS BE ACCEPTED OR THE DANA CARD PROGRAM WILL ALWAYS BE ACCESSIBLE.
    <br />
    IN THE EVENT THAT DANA HOSPITALITY OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL
    NOT EXCEED THE LAST BALANCE HELD ON YOUR DANA CARD PRIOR TO THE TIME AT WHICH SUCH DAMAGES AROSE. DANA HOSPITALITY HOSPITALITY
    AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT,
    REVENUE, USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY,
    TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES
    HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DANA HOSPITALITY HOSPITALITY OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,
    THEFT OR DESTRUCTION OF A DANA CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY
    YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.&nbsp;
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
</p>
<p>
    <strong>Assignment</strong><br />
    We may assign all or part of this agreement without notice to you. We are then released from all liability.
    The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.
</p>
<p>
    <strong>Entire Agreement</strong><br />
    This agreement is the complete and exclusive statement of agreement between you and Dana Hospitality, and supersedes and merges all prior proposals and all other agreements.
    In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that
    this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.
</p>
<p>
    <strong>Questions or Notices</strong><br />
    If you have any questions or wish to send us any notice regarding this agreement or your Dana Card, please visit our <a href="http://www.Danahospitality.ca/card" target="_parent">web site </a>.
</p>
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