Review and User Posting Policy

Last updated: [September 4, 2023] This Review and User Posting Policy (“Policy”) are the rules for users who provide a product review on the TimShop website, mobile or tablet application. This Policy forms a binding legal contract between you and The TDL Group Corp., including without limitation the TIM HORTONS® brand (collectively, “TDL”). By submitting a review, comment, photo, video and/or other materials, (“User Content”), you agree to be legally bound by: (i) the terms and conditions of this Policy; and (ii) website Terms of Service (FR | EN) (the “Terms”) and Privacy Policy (FR | EN).
  1. TDL can Edit or Remove or Choose not to Post Any User Content. While we may not be able to monitor every posting, we reserve the right, in our sole and absolute discretion, to remove, edit, not post, or otherwise modify any User Content that does not adhere to this Policy. Further, TDL reserves the right to remove, edit, not post or otherwise modify any User Content at any time and at its sole and absolute discretion.
  2. Rules for User Content. If you are under the age of 14, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 14 years of age, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 14 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur. You may only provide User Content if you have reached the age of majority where you live. You cannot upload, post, communicate or otherwise submit or transmit any User Content that violates:
    1. any provision of this Policy, or any section of the Terms, including without limitation, the sections governing prohibited content and activities, intellectual property and user submissions; or,
    2. any other term, condition, rule or guidance, posted by TDL on the review submission page.
  3. Respect Intellectual Property. By posting and/or submitting User Content, you represent that you have the right to share your submitted User Content, including (but not limited to) trademarks and copyrighted material. Do not post or submit any third-party materials unless you have first obtained consent from the owner of such materials. For example:
    1. You must obtain consent from every person who helped you create your User Content (e.g. photographers, videographers, etc.);
    2. You cannot post, submit or otherwise use (in any materials you post) any music, logos, trademarks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.
  4. Requirements for Reviews. If you submit User Content that constitutes or includes a review of TDL or one of our products or services, you agree that such User Content represents your true and honest experience with us and our products or services. Further, if you received any incentive in connection for your review, for example, if you received a free product, a coupon, a contest entry or some other benefit, you must clearly and prominently disclose that in your review.  
  5. You Grant TDL Rights to Your User Content. By providing User Content, you hereby: (i) grant to TDL a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post or provide to us; and (ii) waive all moral rights in and to all such User Content in favour of TDL and anyone authorized by TDL to reproduce or otherwise use such materials. For greater certainty and the avoidance of any doubt, this means that, among other things, TDL has the right to use any and all User Content and ideas you submit in any manner without any notice or obligation to you whatsoever. For greater certainty and the avoidance of any doubt, none of the User Content you post, upload or otherwise submit to TDL will be deemed confidential. No credit, approval or compensation is due to you for any such use of the User Content. TDL also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and province/territory in connection with broadcast, print, online or other use or publication of your User Content.
  6. We may Report Adverse Events. If your User Content indicates that you have had an adverse reaction to one of our products, including, without limitation, our consumable food or beverage products, you agree we may contact you to ask for further information about your experience, and you understand that we may be required to report the incident to the applicable regulatory authorities. Further, as such a review and our communications with you may include sensitive information about you, we reserve the right, in our sole and absolute discretion, not to post your User Content. In respecting your personal information, we reserve the right to treat the information as confidential and may not post your User Content in a public forum.
  7. TDL Does Not Endorse User Content. Comments or opinions expressed on the page are those of their respective contributors only. The views expressed on this page do not necessarily represent or reflect the views of TDL, its management or employees, and User Content is not sponsored or endorsed by TDL. We are not responsible for, and disclaim any liability in relation to, the comments/materials posted by contributors to the page. TDL has no control over whether User Content are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, TDL expressly disclaims any responsibility for User Content.
  8. TDL may, but is not Obligated to, Respond to User Content. You agree that TDL does not have any obligation to use or respond to any User Content. 
  9. Please Remember that this Page is Public. For your own safety, please do not post or submit any personal information about yourself or third parties (e.g. name, social media handle, addresses, phone numbers, or email addresses).
  10. Your Release of TDL. You hereby agree to release and hold harmless TDL, its affiliated companies and each of their respective agents, employees, directors, successors and assigns from and against any and all claims based on the materials you post and/or submit, including (but not limited to) claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.