Terms and Conditions

1. TERMS AND CONDITIONS OF USE

The terms and conditions of use (hereinafter, the “Terms of Use”) set out the terms and conditions governing the access to and use of this website and/or any related online applications (individually or collectively referred to as the “Site”). Your access to and use of the Site is subject to and shall be deemed an acceptance of these Terms of Use, as amended from time to time, which, for greater certainty, includes our Data Security and Privacy Policy, terms and conditions of sale, and all additional terms and conditions appearing on and regarding the Site. These Terms of Use form a binding agreement between you, the user, and Fountain Tire (hereinafter referred to as “Fountain Tire”, “we”, “us” or “our”) and apply when accessing or using the Site and to all transactions arising herefrom.

For greater certainty, when used herein, “Fountain Tire”, “we”, “us” or “our” and similar terms mean, collectively, Fountain Tire Ltd. and its wholly and partially owned subsidiaries and affiliates, as they may exist from time to time.

Fountain Tire may, in its sole discretion, and for any reason, modify, supplement or amend these Terms of Use without any notice or liability to you or any other person, by posting revised Terms of Use on the Site. Your continued use of the Site from time to time is deemed acceptance of these Terms of Use, and we recommend that you check them regularly.

2. USE OF THE SITE; USER CONDUCT

By using the Site, you represent that you are at least the age of majority in your province or state of residence or have obtained consent from a legal parent or guardian. 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 addition to any other restriction and prohibition mentioned in these Terms of Use, you are prohibited from using the Site or any Site Content (as hereinafter defined) for any of the following purposes:

• to violate applicable laws;
• to submit false, inaccurate or misleading information;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of Third Parties or any other person;
• to harass, abuse, harm, defame, slander, disparage, intimidate, or discriminate against any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (or any other protected ground);
• to circumvent any security measure of the Site;
• to transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Site;
• to access, collect or track the personal information of others;
• for or in connection with any immoral purpose;
• to reverse engineer, disassemble, decompile, or translate the Site or any component thereof (including, without limitation, the Site Content); or
• to create or market any derivative work from the Site or any component thereof (including, without limitation, the Site Content); or
• to authorize or assist any person to do any of the foregoing.

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

3. OWNERSHIP OF SITE CONTENT

The Site includes various content, including, without limitation, graphics, text, images, designs, trademarks, interfaces, source code and software (collectively, “Site Content”), which is either owned by Fountain Tire or licensed by Fountain Tire from third party providers and distributors (collectively, “Third Parties”).

All Site Content is protected to the fullest extent permitted by applicable law, including all applicable copyright, trademark and other intellectual property and proprietary laws. Your use of the Site, and your access to Site Content, does not grant you any ownership or other right, title or interest in the Site or in any Site Content.

Instead, as a user of the Site, you are granted a limited, revocable, non-transferable licence to use the Site in accordance with these Terms of Use for the sole purposes of browsing information on, or purchasing, the products and services available on the Site. Any other use of the Site Content is strictly prohibited. None of the Site Content may be copied, reproduced, published, republished, modified, adapted, distributed, displayed, sold, disseminated or otherwise used without our prior written consent and/or the consent of the applicable Third Parties, which consent may be withheld in our or such Third Parties’ sole discretion, except as expressly permitted by applicable intellectual property laws.

The Site may contain links to properties owned or operated by other entities which are not associated or affiliated with Fountain Tire or the Third Parties. As applicable, these links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Fountain Tire or the Third Parties of the linked website or information contained therein or of their data security or privacy practices. Fountain Tire 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, including via any link on the Site, you do so at your own risk.

4. CUSTOMER ACCOUNTS

You may be required to register for a customer account (an “Account”) in order to access or use certain features of the Site. If you choose to register, we will require certain information, including personal information, to create and operate your Account. Your Account may be accessed only by use of your unique username and password.

When opening an Account, you agree to provide current, complete and accurate information, and to promptly update any such information as it changes. This will allow us to complete your transactions and contact you, as needed.

It is your responsibility to keep confidential and secure the username, password and any other confidential or personal information associated with your Account. You are responsible for all activities which occur under your Account and agree that Fountain Tire and Third Parties are authorized to act on any instructions received, or orders placed, under your Account, without any requirement that we verify same. Fountain Tire is not under any obligation to verify the actual identity or authority of the user of any username or password. Fountain Tire recommends that you choose a password that is unique to you and that would not easily be guessed by others. You should change your password on a regular basis and should log out at the end of each session.

All usernames and passwords remain the property of Fountain Tire and may be cancelled or suspended at any time by Fountain Tire without any notice or liability to you or any other person.

If you discover that your username, password and/or Account have been compromised or accessed without your consent, or discover any other security breach involving your Account, you agree to promptly notify us.

Fountain Tire is not responsible for any consequence of your failure to comply with the above, or for any delay in locking or deactivating your Account after you have reported a security breach to us.

5. PERSONAL INFORMATION; DATA SECURITY AND PRIVACY

Your submission of personal information through the Site is governed by our Data Security and Privacy Policy.

If you have any questions or concerns regarding our data security or privacy practices, please Contact Us as set out below. Otherwise, we will assume that we have your consent to continue to collect, use and disclose your personal information in accordance with the foregoing and the Fountain Tire Privacy Code.

6. USE OF COOKIES

A cookie is a text file that can be stored in a dedicated space on the hard drive of your device (computer, tablet, smartphone, etc.) when you visit a website. Cookies help to personalize your online experience by helping a website remember information about your visit, such as login information and preferences, which can make it easier to visit the site again and make the site more customized and useful to you. Similar technologies, including unique identifiers used to identify an app or device, pixel tags, and local storage, may perform the same function.

When you use the Site or engage with us through our digital platforms, we may use cookies or similar technologies to enhance Site navigation, analyze Site usage, and assist our marketing efforts, and we may automatically collect certain information about you, including things such as: products viewed, components of the Site you have clicked on or engaged with and website preferences and settings.

Because we respect your right to privacy, you can choose not to allow some types of cookies. You have the ability to accept, customize or decline cookies. Cookie preferences can be managed through your browser or through your device settings.

7. ETHICS AND COMPLIANCE

Fountain Tire is committed to conducting business in adherence with the highest standards of integrity, responsibility and ethical behavior and we expect the same commitment from those with whom Fountain Tire does business.

Fountain Tire supports compliance with the Fighting Against Forced Labour and Child Labour in Supply Chains Act. This federal law came into force on January 1, 2024 and aims to increase industry awareness and transparency about forced labour and child labour, and to encourage responsible business practices and promote fair sourcing by Canadian businesses.

A copy of our most recent report on how we're avoiding suppliers involved in these practices can be found here: Fountain Tire response to Bill S-211.pdf.

Further, Fountain Tire is committed to compliance with "Canada's Anti-Spam Legislation" (CASL), the full name of which is: An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23, and the associated regulations made thereunder. If you wish to unsubscribe from receiving further email communications from Fountain Tire, please click here.

8. ERRORS, INACCURACIES AND OMISSIONS

Fountain Tire takes great care to maintain the accuracy of all information on the Site; however, there may occasionally be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, prices, images, promotions, offers, shipping charges, delivery delays and availability. We reserve the right to correct errors, inaccuracies or omissions at any time.

9. SALE OF GOODS / SERVICES

Quotes and Pricing

Quotes given by Fountain Tire and all advertisements on the Site are invitations for you to purchase goods or services from Fountain Tire and are not offers to sell by Fountain Tire. Fountain Tire reserves the right to limit quantities, reject, correct, cancel or refuse orders, and to terminate Accounts, in its sole discretion, including, without limitation, if Fountain Tire reasonably believes that customer conduct violates applicable law or the interests of Fountain Tire or any Third Parties.

Fountain Tire attempts to match online prices to those in store. However, online prices, product and service selection and availability, as well as sale effective dates, may differ from those in your local store and may vary by geographic region.

Prices for products and services available for purchase on the Site are presented to you when you place your order. Fountain Tire takes great care to price its products and services accurately, however, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time and to reject any orders placed that were priced incorrectly.

All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges, GST, PST, QST or HST. You are responsible for the payment of all applicable taxes or similar charges levied by any government authority. Our prices do not include any charges of any payment provider you choose to use.

Orders and Payment

When you place an order on the Site, you may receive an order acknowledgement email; however, the contract between you and Fountain Tire doesn't form until we've confirmed your order is in stock and have taken payment from you, following which you'll receive an order confirmation email. Purchase orders that have been accepted by Fountain Tire cannot be cancelled by you without our prior written consent.

By placing an order on the Site, you authorize us to charge your payment method for the total amount of the purchase, including all applicable taxes and shipping charges, if any, thereon. No transaction shall be deemed completed until Fountain Tire has accepted your order and Fountain Tire reserves the right not to accept an order, or a portion thereof, for any reason (for example, if we can’t deliver to your address).

If we encounter issues processing your payment, such as a declined credit card or insufficient funds, we will notify you. We reserve the right to immediately cancel your order if we are unable to successfully process your payment.

Product / Service Descriptions

Disclaimer: Images and measurements on the Site are for illustrative purposes only and may be approximated. While we do our best to portray products on the Site accurately, slight variations or inaccuracies may occur. Some items shown may require assembly.

Pick-Up and Delivery; Title to Products

Any pick-up dates, shipping dates or delivery dates represented by Fountain Tire are estimates only, may be subject to change and cannot be guaranteed. Fountain Tire does not accept liability for any loss or damage (whether direct or indirect) if delivery or pick-up takes place at any time other than the estimated date. The place of pick-up, delivery, shipping method and any applicable fees are as described on the checkout page and the order confirmation which we will email to you after your purchase.

We work with our delivery partners to ensure your order reaches you. You will receive an email once your order is dispatched with details of the delivery carrier, and any applicable tracking information, and pick-up instructions if applicable.

Title to the products you purchase via the Site will transfer from Fountain Tire to you at the time the relevant parcel(s) containing some or all of the merchandise you ordered are tendered to the relevant carrier and in that carrier's custody or care to be delivered to you or are picked up by you or a person authorized by you.

Returns and Exchanges Policy

Subject to the below exclusions and exceptions, we will attempt to give you a refund or exchange on every item purchased on the Site or at any Fountain Tire location when you bring in your original receipt or invoice and product to any Fountain Tire location within 30 days of purchase. Certain returns will be subject to the specific terms of the product or service warranty and may be subject to restocking charges, freight, or other fees. Unless otherwise agreed, you will be refunded to your original payment method. Special orders or otherwise for products fabricated and/or altered to accommodate you are not returnable. Valid photo ID may be required to complete a return or exchange. Exclusions and exceptions include:

• Final Sale Designation: The Order was accepted and confirmed with the explicit designation “Final Sale” or “No Return Possible.”
• Installation Location: The Product was not installed at a Fountain Tire location.
• Damage or Alteration: The Product has been damaged, altered, or otherwise rendered non-original within the applicable exchange or return period, whether by the Customer or by any third party, including but not limited to another tire service provider.
• Studded Tires: The Product consists of studdable tires that have been studded subsequent to purchase.

Fountain Tire reserves the right to inspect any Product prior to authorizing a return or exchange to verify compliance with the foregoing conditions.

Warranties

Fountain Tire stands behind the quality of its tire products. If you are not completely satisfied with your purchase, you may return the tires within the applicable time frame for a credit toward a different set of tires of equal or greater value, subject to the conditions and exclusions in our Returns and Exchanges Policy and any applicable warranty terms.

Eligible Return Periods:

• Goodyear – 60 days
• Cooper, Kelly, Dunlop – 45 days
• All other brands – 30 days

Installation and service charges are non-refundable. Returned tires must be in good condition, originally installed by Fountain Tire, and not altered or damaged. Special orders, studded tires, and products designated as Final Sale are not eligible under this guarantee.

Commercial Tire Returns and Exchanges

All sales of commercial-use tires are final.
No returns, exchanges, or credits will be accepted once an order has been confirmed, delivered, or installed, except where required by law.

Fountain Tire reserves the right to inspect any tire prior to determining eligibility for any manufacturer-supported adjustment or claim.

Free Tire Maintenance Services

To promote tire safety and performance, Fountain Tire provides the following complimentary maintenance services:

• Free Tire Rotations: Every 10,000 km to ensure even wear and optimal performance.
• Free Tire Safety Checks: Available anytime, including inspection of tread depth, air pressure, sidewall integrity, and signs of wear.

These services are provided as a goodwill offering and do not extend or modify any warranty coverage.

Road Hazard Protection

Fountain Tire’s Road Hazard Protection Plan applies to eligible passenger and select light truck tires that become unserviceable due to damage from road hazards such as potholes, nails, glass, or debris.

• Valid for 5 years from purchase date or until tread depth reaches 2/32", whichever occurs first.
• Coverage is limited to the specific damaged tire and replacement is made on a pro-rated basis.
• Service fees for mounting, balancing, disposal, and taxes apply.

This plan does not cover damage caused by improper maintenance, misuse, or commercial use.

Mechanical Repair Warranty

Mechanical repairs performed at Fountain Tire locations are warranted to be free from defects in materials and workmanship for 12 months or 20,000 kilometres, whichever occurs first.

• Coverage includes, but is not limited to: brake, suspension, ignition, cooling, exhaust, and electrical systems.
• Warranty repair costs shall not exceed the amount charged for the original repair.
• Warranty coverage applies only to vehicles used for normal, non-commercial purposes and maintained in accordance with manufacturer recommendations.

Exclusions and Limitations

The following conditions void warranty coverage:

• Damage resulting from accident, misuse, neglect, tampering, or modification.
• Tires altered, retreaded, or studded after purchase.
• Damage due to misalignment, underinflation, overloading, or off-road/racing use.
• Any services or repairs performed by parties other than Fountain Tire.
• Incidental or consequential damages, including loss of use or time, are expressly excluded.

Fountain Tire reserves the right to inspect all products and vehicles prior to authorizing warranty coverage or exchange.

Obtaining Warranty Service

Customers must contact their original Fountain Tire servicing location to initiate a warranty claim.
If located more than 40 kilometres from the original store, service may be provided at any participating Fountain Tire or through the Goodyear Tire & Service Network by calling 1-800-426-0733.

Commercial Tire Warranty

Commercial-use tires are not covered by any additional Fountain Tire warranty beyond the applicable manufacturer’s limited warranty.
All warranty claims for commercial tires must be made directly in accordance with the manufacturer’s terms, conditions, and procedures.

10. GENERAL LEGAL MATTERS

• Complaints and Dispute Resolution. Fountain Tire strives to provide exceptional products and services to our customers; however, we understand that things can go wrong. If you have any complaints about your purchase or service, please Contact Us. If your complaint cannot be resolved by our customer service team, it may be escalated. We're committed to working with you to find a fair and reasonable solution to any issues that may arise.
• Interpretation and Headings. Any ambiguity in the wording of these Terms of Use shall not be construed against Fountain Tire. The headings used in these Terms of Use are including for convenience and reference purposes only and will not limit or otherwise affect the validity and enforceability of these terms and conditions and do not have contractual or binding effect.
• Severability. If any provision of these Terms of Use is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
• Entire Agreement. These Terms of Use, together with all linked content and those terms and conditions incorporated or referred to herein, constitute the entire agreement between you and Fountain Tire with respect to the subject matter hereof, and supersede all prior understandings or agreements, whether electronic, written or oral, regarding such subject matter and may not be amended, supplemented or modified except by Fountain Tire as set forth above. Notwithstanding the foregoing, additional terms and conditions may apply to purchases of certain products and services.
• Waiver. Our waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of our rights with respect hereto will not operate to excuse performance or waive any such right to require strict performance at any future time.
• English Language. The parties have requested that these Terms of Use and all documents contemplated hereby be drawn up in English. Les parties ont demandé que les présentes conditions d'utilisation et tous les documents envisagés par les présentes soient rédigés en anglais..
• Liability Disclaimer. Fountain Tire and the Third Parties will not be responsible for and no liability shall result to Fountain Tire and the Third Parties for any delays in delivery or in performance which result from any circumstances beyond our reasonable control, including, but not limited to, product unavailability, carrier delays, technological or communications delays, delays due to fire, severe weather conditions, failure of power, labour problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency.
  • Except as explicitly provided in these Terms of Use, as amended from time to time, Fountain Tire and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Site and/or any Site Content, all of which are provided on an "as is" and "as available" basis. Fountain Tire and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Site, or any of the Site Content, and expressly disclaim all warranties and conditions in respect of the Site and the Site Content, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
  • Fountain Tire and the Third Parties are not responsible for delayed, lost, incomplete, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, or delayed computer transmissions, or other technical malfunctions or communications interruptions or failures.
  • Fountain Tire and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment, mobile device or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video or audio from the Site.
  • UNDER NO CIRCUMSTANCES WILL FOUNTAIN TIRE OR THE THIRD PARTIES BE LIABLE FOR INJURY, LOSS, CLAIM, DAMAGE OR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, THE OPERATION OF THE SITE, OR ANY FAILURE OR DELAY IN THE OPERATION OF THE SITE (INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO USE ANY COMPONENT OF THE SITE FOR ONLINE BOOKINGS OR FOR PURCHASES), EVEN IF FOUNTAIN TIRE OR THE THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE.
  • If, notwithstanding the foregoing, Fountain Tire or any Third Parties shall 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 this Site or the Site Content, the liability of Fountain Tire shall in no event exceed the aggregate amount of CAD $500.00.
• Indemnification. You agree to indemnify and save harmless Fountain Tire and the Third Parties, and each of 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.
• Applicable Law. These Terms of Use are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, and the courts of the Province of Alberta shall have exclusive jurisdiction over any claim arising in connection with the Site.