Terms of Use

1. Purpose

My Wine Canada (the “Company”, “My Wine Canada”, “we,” “us,” or “our) operates the Internet website MyWineCanada.com (the “Website”). Your use of the Website is subject to the following terms ("Terms of Use"), which comprise an agreement between users of the Website and My Wine Canada (the "Agreement"). By using, browsing and/or otherwise accessing the Website, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations. My Wine Canada reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Website will be subject to the most current version of the Terms of Use posted on the Website. You are responsible for periodically visiting these Terms of Use from time to time. If you do not agree to the Terms of Use, please do not use the Website.

2. Access

My Wine Canada may alter, suspend, or discontinue this Website at any time and for any reason, without prior notice to you. The Website may become unavailable due to maintenance, technological malfunction, or other reasons. If you do not abide by the provisions of the Terms of Use, My Wine Canada may immediately deactivate or delete your user account and/or prohibit you from accessing the Website further. My Wine Canada shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Website.

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, wine 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 wineries (collectively “MWC/Wineries”) 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 wine 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/Wineries 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/Wineries 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.

3.5 Links

The Website may contain links to other websites or resources. You acknowledge and agree that My Wine Canada is not responsible or liable for the availability or accuracy of such other websites or resources or the content, advertising, or products on or available from such other websites or resources. You acknowledge that use of any third-party website is governed by the terms of use for those websites, and not by this Agreement. Links to third-party websites do not constitute an endorsement or recommendation by My Wine Canada of such websites or the content, products, advertising or other materials presented on such Websites, but are only for your convenience and accessible by you at your own risk. Such third-party websites may have a privacy policy differing from that of My Wine Canada and the third-party website may provide less security than this website. We are not responsible for the content of any third-party websites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party websites, and My Wine Canada shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such websites or otherwise.

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.

You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Website Content in any way for any public or commercial purpose without prior written consent of My Wine Canada or the rights holder. You may not use the Website Content on any other website or in a networked computer environment for any purpose. You also may not "mirror" any material contained on the Website on any other server. If you violate any of these terms, your permission to use the Website Content will automatically terminate, you must immediately destroy any copies you have made of the Website Content, and we may end your authorization to use the Website. Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of My Wine Canada, its affiliates, or any third party, and, except as provided in these Terms of Use, the exercise of all such IP Rights in the services, products, processes or technologies described in the Website Content are expressly reserved to My Wine Canada, its affiliates, and/or any third party, as applicable.

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 Winery Information

It is the responsibility of each participating individual winery to ensure that their products, services, imagery, pricing, and any other winery-specific information that is posted on this Website are accurate. Each individual winery is solely responsible for posting any and all information regarding their products to the Website and therefore they are liable for any errors or omissions contained therein, as well as any resulting repercussions.

4. General

4.1 No Additional Rights

You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Website, software and services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of My Wine Canada, its participating wineries and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use My Wine Canada’s name or any of its trademarks or those of its participating wineries and/or its licensors in any manner whatsoever, without prior written approval from My Wine Canada.

4.2 Notices

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 winery will ship to a given location is entirely under the purview of, and decided by, each individual participating winery. Policies and procedures for shipping may differ between wineries. My Wine Canada encourages its users to familiarize themselves with the shipping procedures of wineries from which they are ordering product.

4.4 Product Returns

All product deliveries are shipped directly from the respective winery 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 winery that shipped the faulty product and adhere to their return policies. You may be required to retain the bottle of faulty wine (recorked and at least 3/4 full) for examination by the winery. By using the MyWineCanada.com Website, you accept and acknowledge that you are subject to the return policies of each winery 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

IN NO EVENT SHALL MY WINE CANADA AND/OR ITS PARTICIPATING WINERIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MY WINE CANADA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS MY WINE CANADA’S LIABILITY OR YOUR REMEDIES.

4.7 Indemnification

By using this Website, you agree to indemnify, defend and hold harmless My Wine Canada and its participating wineries, affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted or transmitted by you on or through the Website, and/or (c) your activities in connection with the Website.

4.8 Privacy Policy Statement

The terms of My Wine Canada’s Privacy Policy Statement ("Privacy Policy") are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy.

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 Winery is intended or created by this Agreement.

4.11 Force Majeure

My Wine Canada shall be excused from performance under the Terms of Use if My Wine Canada is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Use by reason of: (a) any provision of any present or future law or regulation, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications or other technological failure or other circumstance beyond the control of My Wine Canada.

4.12 General Provisions

You agree that My Wine Canada, its participating wineries and its licensors may make improvements and/or changes to the Website Content and services or events described in this Website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Website may not be legal by certain persons or in certain countries. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of My Wine Canada to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by My Wine Canada in writing. The Terms of Use, along with the My Wine Canada Privacy Policy, comprises the entire agreement between you and My Wine Canada and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

4.13 No Assignment

These Terms of Use are personal to you and you may not transfer, assign, or delegate these Terms of Use to anyone without the express written permission of My Wine Canada. Any attempt by you to assign, transfer, or delegate these Terms of Use without the express written permission of My Wine Canada shall be null and void. These Terms of Use will inure to the benefit of My Wine Canada’s successors, assigns, and licensors.

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