Terms of Use

Last Updated: November 23, 2021

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING BASKIN-ROBBINS CANADA WEBSITES, APPLICATIONS, PLATFORMS, LOYALTY PROGRAMS, STORED VALUE CARDS AND OTHER ONLINE PROGRAMS THAT POST A LINK TO THESE TERMS, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM (ALTOGETHER, “BR Canada ONLINE SERVICES“).

BY DOWNLOADING OR USING ANY OF THE BR Canada ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE BR Canada ONLINE SERVICES.

These Terms constitute an agreement between Baskin-Robbins Canada and its affiliates (collectively, “Baskin-Robbins” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.

PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.

Additional Terms
Changes to Terms
Users and Accounts
Personal Use
Privacy
Responsible Use of BR Canada Online Services
Provision of the BR Canada Online Services
Product Sales and Availability
Service-Specific Terms and Conditions
PhotoCake® Images
Baskin-Robbins Club 31

Baskin-Robbins Cards
Disclaimer of Warranty and Limitation of Liability
Copyright and Trademark
Third Party Links and Services
Errors and Inaccuracies
Feedback and Submissions
Geographical Scope of the BR Canada Online Services
Franchise Prospects
Governing Law
Email Communications
Agreement to Arbitrate Disputes
Taxes

General Provisions
Contact Baskin Robbins

 

Additional Terms

Certain services offered through the BR Canada Online Services, loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services.  These Terms and any additional terms will apply equally.  In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail unless they expressly state otherwise.

Changes to Terms

We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the BR Canada Online Services.  If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email.  We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the BR Canada Online Services.  All changes are effective when we post them and apply to your access and use of the BR Canada Online Services thereafter. Changes to the Dispute Resolution provisions (Section 20 below) do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.

Users and Accounts

The BR Canada Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE BR CANADA ONLINE SERVICES. By accessing, using and/or submitting information to or through the BR Online Canada Services, you represent that you are at least age 13.

Anyone between age thirteen (13) and eighteen (18) may only use the BR Canada Online Services under the supervision of and with the consent of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE BR ONLINE CANADA SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

You may need to create and register an account in order to use certain BR Canada Online Services.

In creating an account, you agree to:

  • create only one account for each applicable part of the BR Canada Online Services;
  • provide honest, accurate, current and complete information regarding yourself;
  • keep your profile, contact and other account information updated and accurate;
  • keep your account password private and not share it with others; and
  • notify Baskin-Robbins if you discover or suspect that your account has been hacked or its security breached.

You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.

For certain parts of the BR Canada Online Services, you may choose to add a family member’s name, birthdate, and relationship to your account to receive additional benefits to enjoy with your family member. If you choose to utilize this feature, you hereby represent that you have received appropriate permission to use and provide your family member’s information to us. If you choose to remove a family member from your account, you will no longer receive benefits related to that family member. We reserve the right to limit the number of family members that can be added to your account.

From time to time, Baskin-Robbins may make special offers available to account holders. With your express consent, these offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions and conditions, and are subject to change or termination without notice. We are not responsible for any news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your email address is not up-to-date in your profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.

You are responsible for providing the equipment and services that you need to access and use the BR Canada Online Services. We do not guarantee that the BR Online Canada Services are accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the BR Canada Online Services or any component of them and to block or prevent future access to and use of the BR Canada Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the BR Canada Online Services will survive such termination.

Personal Use

The BR Canada Online Services are owned by Baskin-Robbins and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the BR Canada Online Services.  You may not save or archive a significant portion of the material appearing in or on the BR Canada Online Services. All rights not expressly granted herein are reserved by Baskin-Robbins.

Privacy

Our Privacy Policy  is incorporated into these Terms and also governs your use of the BR Canada Online Services.  The Privacy Policy describes the data that we gather about or from users of the BR Canada Online Services and how we process, use and share that data. By using the BR Canada Online Services, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

Responsible Use of the BR Canada Online Services

You may use the BR Canada Online Services for lawful purposes and in accordance with these Terms. You may not use the BR Canada Online Services:

  • for any purpose that is unlawful or prohibited by these Terms;
  • to cause harm or damage to any person or entity;
  • to interfere with the proper operation of the BR Canada Online Services;
  • to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Baskin-Robbins in its sole discretion); or
  • to reproduce, duplicate, copy, sell, resell or otherwise exploit the BR Canada Online Services for any commercial purpose that is not expressly permitted by Baskin-Robbins.

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BASKIN-ROBBINS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (THE “DUNKIN’ PARTIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY BR ONLINE CANADA SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the Baskin-Robbins Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the BR Canada Online Services.

Provision of the BR Canada Online Services

We are constantly improving the BR Canada Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the BR Canada Online Services, or certain features of the BR Canada Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current BR Online Canada Services is subject to these Terms.

You acknowledge and agree that we may decline to provide access to the BR Canada Online Services or stop (permanently or temporarily) providing the BR Online Canada Services (or any feature, program or content within the BR Canada Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the BR Canada Online Services at any time. You do not need to specifically inform us when you stop using the BR Canada Online Services.

You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the BR Online Canada Services, your account details, or any files or other content which are contained in your account.

If you use a mobile device to access the BR Online Canada Services, the following additional terms and conditions (“Mobile Terms”) also apply:

  • You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the BR Online Canada Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
  • You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
  • Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
  • When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOPto the appropriate shortcode.
  • Message frequency depends on the program.

YOUR ACCESS TO AND USE OF THE BR ONLINE CANADA SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.

Product Sales and Availability

All products displayed on the BR Online Canada Services, including Dunkin’ Donuts and Baskin-Robbins branded products, are made available by franchisees and other third parties not owned or operated by Dunkin Brands. Dunkin Brands may run national promotions relating to the sale of these products, but the third party franchisees and other third parties set the prices for the products and determine product availability. Baskin-Robbins reserves the right without prior notice to discontinue any national promotions or stop displaying the Dunkin’ Donuts or Baskin-Robbins branded products through the BR Online Canada Services.

Service-Specific Terms and Conditions

 

PhotoCake® Images

Baskin-Robbins Club 31


PhotoCake®

In the event that you submit an image for placement on a cake through the Baskin-Robbins cake ordering website or app, you represent that you own the rights to the image and acknowledge that you are submitting the image to a third party platform who will directly provide the image to an independently owned restaurant. PhotoCake® is a registered trademark of DecoPac.

Baskin-Robbins Club 31

To receive the latest news and offers about Baskin-Robbins, you may opt-in to receive Baskin-Robbins marketing communications.  The term “BR Member” as used in these Terms means an individual user who creates a Baskin-Robbins account (“BR Account”) and opts-in to receive communications.  Groups, clubs or organizations cannot be BR Members.

Birthday Coupons:  Each BR Member who has (a) provided us with his/her birthday and (b) opted-in to receive our email communications will receive an email coupon for free product or a product discount at Baskin-Robbins’ discretion, on or about his/her birthday at participating Baskin-Robbins shops.  Your birthday coupon will be sent to you by email to the email address associated with your BR Account.  Limit of up to five family members per BR Account.  We reserve the right to modify, suspend or terminate the terms and availability of the birthday coupons at any time for any reason.

Birthday coupons are: valid only at participating Baskin-Robbins Canada locations, void where prohibited, restricted or taxed or if obtained through unauthorized channels; subject to all terms and conditions printed on them; not exchangeable or refundable for cash; and not valid with any other offer.  Baskin-Robbins is not responsible for and will not replace late, lost, stolen, damaged, expired, undelivered or undeliverable birthday coupons.

Baskin-Robbins Gift Cards

The following terms and conditions below govern use of Baskin-Robbins Gift Card (physical cards only) that are purchased in store.

General Terms 

Baskin-Robbins Cards are good only toward purchase Baskin-Robbins products at participating Canadian Baskin-Robbins locations. You may use them in-store or, to the extent applicable, through certain portions of the BR Online Canada Services. No expiration date or fees apply. The purchase and/or reload of a Baskin-Robbins Card with another Baskin-Robbins Card is prohibited. Card value may not be redeemed for cash, check or credit, except to the extent required by law. Purchase, use or acceptance of card constitutes acceptance of these terms. We are not responsible for lost or stolen cards. Replacement cards for lost or stolen registered cards are issued for the remaining balance reflected in our records at the time reported lost or stolen. However, if your online account has been closed and/or deleted, replacement cards will not be issued. Baskin-Robbins Cards may not be resold by any unauthorized vendors. Unauthorized resale or attempted resale is grounds for cancellation. Baskin-Robbins Cards obtained through unauthorized channels will be void. We have no liability resulting from any temporary inability to access funds on your Baskin-Robbins Card for any reason, including without limitation equipment malfunction, temporary problems with our vendors or service providers, connectivity problems, or problems with your device. Baskin-Robbins Cards are issued by, and represent obligations solely of, SVC Service II Inc. Visit DunkinDonuts.com or call 1-800-447-0013 to check the balance on the card or for customer service (please have card number ready).

Disclaimer of Warranty and Limitation of Liability

To the fullest extent allowed by applicable law, Baskin-Robbins is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the BR Online Canada Services or any materials available in any BR Online Canada Service. Baskin-Robbins shall not be liable even if Baskin-Robbins or a Baskin-Robbins authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Except as expressly otherwise stated, Baskin-Robbins does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the BR Online Canada Services.  Without limiting the generality of the preceding sentence, Baskin-Robbins specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the BR Online Canada Services. 

Baskin-Robbins does not guarantee that the functions contained in any of the BR Online Canada Services will be secure, uninterrupted or error-free, that each the BR Online Canada Services will be free of viruses or other harmful components, or that defects will be corrected even if Baskin-Robbins is aware of them.

Except as set forth below, in no event will Baskin-Robbins and its parent’s or affiliates’ total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the BR Online Canada Services or $100, whichever is less.  Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.

Nothing in these Terms will exclude or limit Baskin-Robbins’ liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud.

Copyright and Trademark

Unless otherwise noted, all materials published on any BR Online Canada Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Baskin-Robbins and/or its subsidiaries and affiliates or by other parties that have licensed their material to Baskin-Robbins.

Baskin-Robbins marks displayed in the BR Online Canada Services represent some of the proprietary rights currently owned or controlled by Baskin-Robbins in the United States and/or in other countries and are not intended to be a comprehensive compilation of all Baskin-Robbins’ worldwide proprietary ownership rights.

You may not remove or alter any copyright, trademark or other proprietary right notice in the BR Online Canada Services.  All rights not expressly granted are reserved.

Third Party Links and Services

Third Party Links

The BR Online Canada Services may link to, interact with or be available on websites, platforms, and services or products operated and owned by third-parties (“Third Party Services”) such as social media providers and third-party devices.  If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.

Third Party Services may also link to the BR Online Canada Services in ways that are beyond our control. We cannot control the content, functionality or accuracy of Third Party Services, even if someone from Baskin-Robbins occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on Third Party Services and cannot vouch for the data, opinions, advice or statements made there. Further, we are not responsible for the goods or services that may be offered through Third Party Services.

 

Third Party Social Networking Services and Logins

The BR Online Canada Services may allow you to post to or otherwise interact with certain Third Party Services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”).  Logging in or directly integrating these Social Networking Services with the BR Online Canada Services may make your online and mobile experiences richer and more personalized.  To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers.  As part of this integration, the Social Networking Services will provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy.  Please remember that the way Social Networking Services use, store, and disclose your information is governed solely by the policies of those third parties that operate those Social Networking Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services.  In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services.  As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.

 

Third Party Products

The BR Online Canada Services may be accessed on third-party devices or other products (“Third Party Products”). For example, you may be able to access the BR Online Canada Services using voice functionality services available through the microphone on a Third Party Product. We have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free.  We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.

Errors and Inaccuracies.

The BR Online Canada Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information.  If any information in the BR Online Canada Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid.  We cannot guarantee that your computer’s display of coulour or other product features is accurate.  If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.

Feedback and Submissions

Baskin-Robbins is unable to accept unsolicited ideas. By submitting any material to us through any of the BR Online Canada Services, you expressly grant to Baskin-Robbins and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Baskin-Robbins and its affiliates (including, without limitation, advertising, promotional and marketing purposes).  You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification“), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.

Geographical Scope of the BR Online Canada Services

Baskin-Robbins controls and operates the BR Online Canada Services from within Canada. Baskin-Robbins makes no representation that any materials on the BR Online Canada Services are appropriate or available for use outside Canada. If you access the BR Online Canada Services from outside Canada, be advised the BR Online Canada Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the BR Online Canada Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the BR Online Canada Services. The BR Online Canada Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Baskin-Robbins or its affiliates to any registration requirement within such jurisdiction or country.

This English-language set of terms is Baskin-Robbins’ official statement of its terms of use for all the BR Online Canada Services. In case of any inconsistency between these English-language set of terms and its translation into another language, these English-language Terms prevail.

Franchise Prospects

If you are a franchisee or potential franchisee, you may use the BR Online Canada Services for the purpose of learning about the Baskin-Robbins franchise system or operating your franchise. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via https://www.baskinrobbinsfranchising.com/en/opportunities.

Certain materials on the BR Online Canada Services describe the Baskin-Robbins system. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our delivery of the Franchise Disclosure Document to you in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities.

Governing Law

These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles.

Electronic Communications

Your use of the BR Online Canada Services constitutes electronic communication with Baskin-Robbins.  When you communicate with us via the BR Online Canada Services or any other form of electronic media, such as email, you are communicating with us electronically. You expressly agree that we may communicate electronically, and that any such electronic communications, including notices, disclosures, agreements, and other communications are equivalent to written communications, satisfy any legal or contractual requirement that such communications be in writing, and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. YOU AND BASKIN-ROBBINS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

 

WE BOTH AGREE TO ARBITRATE. You hereby agree that any dispute between you and Baskin-Robbins and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Baskin-Robbins”) arising from or relating to (a) your use or misuse of the BR Canada Online Services (including without limitation any Baskin-Robbins Card), (b) these Terms and their interpretation or the breach, termination or validity thereof or (c) the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes“) will be settled by binding arbitration in Suffolk County, Commonwealth of Massachusetts administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (available at www.adr.org), in effect on the date thereof. If there is a conflict between AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

 

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.

 

PRE-ARBITRATION PROCEDURES. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Baskin-Robbins will provide such notice by e-mail to your e-mail address on file with Baskin-Robbins and you must provide such notice by e-mail to customerservice@dunkinbrands.com with “Legal Dispute” appearing in the subject line.  During such 60-day notice period, we agree to endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.

 

ARBITRATION PROCEDURES. To initiate arbitration, you or Baskin-Robbins must do the following things:

 

(1)    Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org.

(2)    Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: American Arbitration Associate, Case Filing Services, 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.

(3)    Send one copy of the Demand for Arbitration to the other party.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.  If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Baskin-Robbins will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you.  If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Baskin-Robbins for all fees associated with the arbitration that Baskin-Robbins paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

 

AUTHORITY OF ARBITRATOR. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

NO CLASS ACTIONS. Baskin-Robbins and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Baskin-Robbins nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.

 

WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Baskin-Robbins in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BASKIN-ROBBINS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 

OPT-OUT OF AGREEMENT TO ARBITRATE. You can decline this agreement to arbitrate by emailing Baskin-Robbins at customerservice@dunkinbrands.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms.  The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the BR Canada Online Services.

 

If any provision of the agreement to arbitrate in this section is found unenforceable, the remaining arbitration terms will be enforced. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, then such dispute between us arising under the Terms or your misuse of the BR Canada Online Services will be subject to the jurisdiction and venue of the state and federal courts located in Boston, Massachusetts, and governed in accordance with the laws of the state of Massachusetts, excluding its conflict of law rules.

Taxes

You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the BR Canada Online Services by any authority.

General Provisions

No delay or failure on the part of Baskin-Robbins to enforce any part of these Terms will constitute a waiver of any of Baskin-Robbins’ rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Baskin-Robbins nor the reliance of any person on Baskin-Robbins’ actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Baskin-Robbins will have any legal effect whatsoever.  To the extent permitted by applicable law, if any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions.  These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Baskin-Robbins but you may not assign them without the prior express written consent of Baskin-Robbins. The headings and captions contained herein are for convenience only.

Contact Basking-Robbins

If you have questions regarding any of these Terms, you can email us at customerservice@dunkinbrands.com call us at 1-800-859-5339, send us a fax at 1-781-737-4000, or write to us at Baskin-Robbins Customer Service, Baskin-Robbins, Inc., 130 Royall Street, Canton, MA 02021.

 

© 2019 DD IP Holder LLC. The Baskin-Robbins name, design, logos and related marks are trademarks of DD IP Holder LLC. All rights reserved.