3. THE WEBSITE
3.1 User Obligations
The sale of beverage alcohol is heavily regulated. You are responsible for compliance with all laws that are applicable to purchasers and consumers of beverage alcohol. You agree to respect our web property by refraining from engaging in the following activities: Intentionally or unintentionally violating any applicable law or regulation including offering to purchase, or arranging for delivery of, alcoholic beverages for, to or on behalf of someone who is not of legal drinking age; Accessing, tampering with, or using non-public areas of the Website or My Wine Canada´s technological systems (unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution); Framing or connecting to any feeds of the Website except as permitted in writing by My Wine Canada.
3.2 The Sale of Alcoholic Beverages
My Wine Canada and its participating producers (collectively “MWC/Producers”) do not permit or process the sale of liquor to individuals who are under the legal drinking age as determined by their applicable province. By using this Website you swear and affirm that you are of legal drinking age in the province or territory to which you are requesting that alcoholic beverage be shipped. If you do not agree with these conditions of use you are prohibited from using the Website.
3.3 Account Security
If you sign up for an account on this Website, please provide current, complete and accurate information on the application form. You will be required to choose a user name and password. You are entirely responsible for maintaining the confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify My Wine Canada immediately of any unauthorized use of your account or any other breach of security. MWC/Producers will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MWC/Producers or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
3.4 Third Party Content
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Website by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of My Wine Canada. My Wine Canada neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Website by anyone other than authorized My Wine Canada employees acting in their official capacities.
3.6 Protection of Website Content
All text, graphics, logos, icons, images, audio and video clips and software on the Website (“Website Content”) are copyrighted materials owned by or licensed to My Wine Canada. The Website Content may contain trademarks, service marks and trade names which are owned by or licensed to My Wine Canada and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any events described in the Website Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by My Wine Canada, its affiliates, or third parties. Unless authorized in writing by an officer of My Wine Canada, My Wine Canada´s trademarks may not be used in connection with any product or service that is not My Wine Canada’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits My Wine Canada.
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, the Website pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on My Wine Canada´s infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses or malware. Any unauthorized use of any Website Content will violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
3.7 Producer Information
It is the responsibility of each participating individual producer to ensure that their products, services, imagery, pricing, and any other producer-specific information that is posted on this Website are accurate. Each individual producer is solely responsible for any and all information regarding their products on the Website and therefore they are liable for any errors or omissions contained therein, as well as any resulting repercussions.
4.1 No Additional Rights
My Wine Canada will post any necessary notices on the Website. You authorize My Wine Canada to send notices via electronic mail as well if My Wine Canada decides, in its sole discretion, to do so. You agree to check the Website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Website.
4.3 Shipping Destination
Whether or not a participating producer will ship to a given location is entirely under the purview of, and decided by, each individual participating producer. Policies and procedures for shipping may differ between producers. My Wine Canada encourages its users to familiarize themselves with the shipping procedures of producers from which they are ordering product.
4.4 Product Returns
All product deliveries are shipped directly from the respective producer to the consumer’s provided address. My Wine Canada is not involved in the sale, packing, shipping, or delivery of any product. You are solely responsible for ensuring that the recipient’s address is correct. If you have listed incorrect shipping details, you will be responsible for any additional shipping charges that may be incurred due to returns or re-shipments. Upon delivery, if you wish to return any faulty product (broken bottles, corked product), it is incumbent upon you to immediately contact the producer that shipped the faulty product and adhere to their return policies. You may be required to retain the bottle of faulty product (recorked and at least 3/4 full) for examination by the producer. By using the MyWineCanada.com Website, you accept and acknowledge that you are subject to the return policies of each producer that you have ordered product from.
4.5 Disclaimer of Warranties
ALL MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE WEBSITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WITHOUT LIMITING THE FOREGOING, MY WINE CANADA MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE WEBSITE WILL BE CORRECTED; AND, (VI) THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4.6 Limitation of Liability
4.9 Termination of Account
You agree that My Wine Canada may, with or without cause, immediately terminate your My Wine Canada account and/or access to the Website without prior notice. Without limiting the foregoing, the following will lead to a termination by My Wine Canada of a user’s account: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems. Termination of your My Wine Canada account includes removal of access to all wine offerings and use of the Website. Furthermore, you agree that all terminations shall be made in My Wine Canada’s sole discretion and that My Wine Canada shall not be liable to you nor any third-party for any termination of your account or access to the Website.
4.10 No Association
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between My Wine Canada and you or any participating Producer is intended or created by this Agreement.
4.11 Force Majeure
4.12 General Provisions
4.13 No Assignment