Please review the following rules that govern the use of this website (“this Website”), our mobile application (the "App") and their related services (the "Services") before using any of them, as they contain important information regarding your legal rights, remedies and obligations. THESE INCLUDE VARIOUS LIABILITY LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
PLEASE NOTE THAT YOUR USE OF THIS WEBSITE, THE APP OR THE SERVICES SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THE WEBSITE, THE APP OR THE SERVICES.
Your use of this Website, the App or the Services is conditional on your acceptance of these Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you, which changes will be effective immediately upon posting on this Website. Your subsequent use of this Website, the App or the Services after such posting signifies your unconditional agreement to follow and be bound by the then-current Terms and Conditions. We encourage you to review these Terms and Conditions whenever you use this Website, the App or the Services.
You understand that aspects of the Website, the App and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use the Website and the App and receive the Services where these activities occur.
THE WEBSITE, THE APP AND THE SERVICES SHOULD NOT BE ACCESSED, USED OR VIEWED IF YOU ARE NOT OF LEGAL DRINKING AGE IN THE JURISDICTION IN WHICH YOU RESIDE. BY ACCESSING OR USING THIS WEBSITE, THE APP OR THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL DRINKING AGE IN THE JURISDICTION IN WHICH YOU RESIDE.
Ownership, Copyright and Trademark
“Wine Cellars” or "we" as used herein includes Liquor Stores N.A. Ltd., Liquor Stores Limited Partnership, Liquor Stores GP Inc., and other subsidiaries and affiliated entities of Liquor Stores N.A. Ltd.
This Website, the App and the Services are operated by and are the property of Wine Cellars. The domain name, trademarks, trade names, copyright and other intellectual property of and displayed within the Website, the App or the Services are owned exclusively by Wine Cellars.
Wine Cellars expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website, the App or the Services. Access to this Website, the App or the Services does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website, the App or the Services does not authorize anyone to use any of the Wine Cellars names, logos, marks or any other intellectual property in any manner.
Use of Website, App or Services
This Website, the App and the Services and all their contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on this Website or the App for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website, the App, or any related software. The content and software on this Website or the App may be used only as an information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website or the App is strictly prohibited. While using the Website, the App or the Services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Website, the App and the Services.
Wine Cellars cannot promise that the Website, the App or the Services will be uninterrupted, secure or error-free. Wine Cellars reserves the right to interrupt or suspend the Website, the App or the Services, or any part thereof, with or without prior notice, for any reason.
In its sole discretion, in addition to any other rights or remedies available to and without any liability whatsoever, Wine Cellars may at any time and without notice terminate or restrict your access to any component of this Website, the App or the Services.
During the registration process Wine Cellars may collect your name, address, email address, phone number, credit card information, username, password, and other information you choose to provide to us. Your information may be used by us in connection with the Services or your use of the Website or the App:
• to verify your eligibility to create and to maintain your Account;
• to verify your eligibility to use the Services, including to purchase any products;
• to enable us to provide certain security and privacy safeguards;
• to deal with security, debugging and technical support issues;
• for billing and payment-related issues;
• to comply with applicable laws.
You must not choose a username that infringes the rights of any third party, impersonates any Wine Cellars employee, other user, celebrity or any famous person or entity, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. WINE CELLARS HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
You agree to notify Wine Cellars immediately of any unauthorized use, theft or misappropriation of your account, username, or password. Wine Cellars shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
If you wish to create an Account, you may be required to provide a valid credit card number. By submitting this information, you give Wine Cellars permission to charge your orders to the card that you designate.
Under no circumstances will Wine Cellars be responsible: (i) for any charges that your credit card issuer may apply to you as a result of Wine Cellars processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.
Wine Cellars endeavours to provide current and accurate information respecting current Wine Cellars promotions and “on sale” or “flyer” items on the Website and the App. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Wine Cellars cannot guarantee that products advertised on the Website or the App will be available at the store level.
Wine Cellars reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and (b) change at any time the products on the Website or the App, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website or App content without any notice or liability to you or any other person.
Personal Information Protection Policy
You have read the Personal Information Protection Policy of Wine Cellars, the terms of which appear on this Website and are incorporated into these Terms and Conditions. You agree that the terms of such policy are reasonable. You consent to the use of your personal information by Wine Cellars in accordance with the terms of and for the purposes set forth in the Wine Cellars Personal Information Protection Policy.
Links from this Website or the App to third-party websites (including but not limited to Facebook, Twitter, Youtube and Sedar) may be available, however they are meant for convenience only. Wine Cellars expressly disclaims any and all liability for the content or use of non-Wine Cellars websites that are linked to the Website or the App. It is up to you to review any terms or conditions governing your use of linked websites and to take appropriate precautions to ensure that any website you visit is free of destructive items such as worms or viruses.
Except as explicitly provided in the foregoing paragraphs, Wine Cellars makes no representations or warranties of any kind, express or implied, regarding the Website, the App, the Services, and/or any materials provided on the Website or the App, all of which are provided on an "as is" basis. Wine Cellars does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, the App or the Services, or any of the content or data found on the Website or the App, and expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
WINE CELLARS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF, YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE, THE APP OR THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, OR IMAGES FROM THE WEBSITE OR THE APP. IN NO EVENT SHALL WINE CELLARS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEBSITE, THE APP, THE SERVICES, OR CONTENT FOUND THEREIN, EVEN IF WINE CELLARS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BY SUCH PARTIES OR ANY OTHER PARTY.
IN EVERY EVENT, WINE CELLARS'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, THE APP AND/OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TWENTY-FIVE ($25.00) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU SHALL INDEMNIFY AND SAVE HARMLESS WINE CELLARS AND ITS 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, WHETHER DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR USE OF THE WEBSITE, THE APP OR THE SERVICES, OR YOUR BREACH OF THESE TERMS AND CONDITIONS.
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 and administrative tribunals, as the case may be, located in the City of Edmonton, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of the Website, the App, the Services and/or these Terms and Conditions.
These Terms and Conditions shall be deemed severable. In the event that 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.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein (including the Personal Information Protection Policy), 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 in writing, or by Wine Cellars making such amendments or modifications available to it pursuant to the Terms and Conditions.