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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The following terms and conditions govern your use of the websites operated by 2591693 ONTARIO INC (the "Drinx Websites"). Drinx Websites are owned by 2591693 ONTARIO INC ("Drinx").

Drinx reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on Drinx Websites, and you are advised to review Drinx Websites regularly for any changes. These Terms and Conditions of Use were last updated on March 29, 2018. In any event, you agree that by accessing and using an Drinx Website you are bound by these terms and conditions as may be changed from time to time.

REGISTRATION OBLIGATION

If you choose to register with Drinx for the purchase of goods, you agree to: (i) provide online true, current and complete information about yourself; and (ii) maintain and promptly update on-line information about yourself to keep it true, current and complete.

COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY

The materials (the "Materials") contained in Drinx Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, Drinx and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of Drinx. You may print, in hard copy, portions of an Drinx Website only for the purpose of placing an order with Drinx.

TRADE-MARKS

Certain names, words, phrases, logos, marks and designs that appear on Drinx Websites (including "Drinx", and related words and logos) are official marks, trade-marks or trade-names of Drinx in Canada. Drinx is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on an Drinx Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of Drinx. The names of other companies, products and services referred to on an Drinx Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of Drinx or of third parties without the prior written consent of the applicable party is strictly prohibited.

COMPLIANCE WITH LAWS

In addition to complying with these Terms and Conditions of Use, you agree to use Drinx Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of an Drinx Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing Drinx Website illegal, are not authorized to use Drinx Website.

USE AND RESTRICTIONS

You are only permitted to use an Drinx Website for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an Drinx Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:

  • take any action that imposes or may impose (to be determined in Drinx’s sole discretion) an unreasonable or disproportionately large load on Drinx’s infrastructure;
  • interfere or attempt to interfere with the proper working of an Drinx Website, or any activities conducted on or with an Drinx Website;
  • bypass any measures Drinx may use to prevent or restrict access to Drinx Websites.
USER NAMES AND PASSWORDS

Some features of an Drinx Website may be accessed only by use of a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Drinx representative.

All login names and passwords remain the property of Drinx, and may be cancelled or suspended at any time by Drinx without any notice or liability to you or any other person. Drinx is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Drinx of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

ACCURACY OF INFORMATION

While every effort is made to ensure the accuracy of the information on Drinx Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.

OUTBOUND LINKING

Any link, (including hyperlinks, buttons or referral devices of any kind) used on an Drinx Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an Drinx Website does not constitute an endorsement, recommendation or certification by Drinx, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Drinx.

INBOUND LINKING

Drinx generally does not object to links to Drinx Websites from third party sites. However, there are certain conditions that must be followed: Unless Drinx enters into a specific written agreement with you, you may not use any of Drinx’s names, logos, designs, slogans, or marks in or with your links, except that you may link to an Drinx Website using the plain text names: Drinx.

Do not present the link to an Drinx Website in any way that suggests Drinx has any relationship or affiliation with your site or in any way that suggests Drinx endorses, sponsors or recommends the information, products or services on your site. Use of any of Drinx's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without Drinx's written permission for a particular use is strictly prohibited.

Use of any of Drinx's names, logos, designs, slogans, or marks, or any other words or codes identifying an Drinx Website in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without Drinx's written permission for a particular use, is strictly prohibited.

Drinx is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for an Drinx Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.

Drinx reserves the right in its sole discretion to order you to delete or modify your link to an Drinx Website for any reason.

The link to an Drinx Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that would adversely affect Drinx's name, reputation or goodwill.

The linking of your web site to an Drinx Website indicates your agreement to the foregoing terms and conditions.

INDEMNITY

You agree to indemnify, defend and hold Drinx harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:

  • your infringement of any Drinx or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of an Drinx Website;
  • any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an Drinx Website; (ii) use of an Drinx Website for any illegal purpose; or (iii) use of an Drinx Website to achieve any unauthorized or prohibited access to computer systems and data;
  • your use of an Drinx Website; and
  • your breach of any of these Terms of Use, Drinx’s Privacy Policy or any rule, regulation, guideline or policy of Drinx as may be established and changed from time to time and posted on the Website.
DISCLAIMERS

YOU UNDERSTAND AND AGREE THAT:

A. USE OF A DRINX WEBSITE IS AT YOUR SOLE RISK. THE DRINX WEBSITES ARE PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. DRINX DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE DRINX WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES DRINX MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A DRINX WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON A DRINX WEBSITE. DRINX WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.

B. THE DOWNLOADING OF MATERIALS FROM A DRINX WEBSITE IS DONE AT YOUR OWN RISK. DRINX DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF A DRINX WEBSITE.

LIMITATIONS

IN NO EVENT SHALL DRINX BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF A DRINX WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM A DRINX WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH A DRINX WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF DRINX ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

PRIVACY POLICY CONSENT AND DISCLOSURE

Drinx is committed to protecting the privacy and confidentiality of its customers' personal information. Drinx Privacy Policy explains how Drinx will ensure the confidentiality and privacy of the personal information you furnish to Drinx.

Terms and Conditions of Sale for Purchases from Drinx.com and from Drinx Mobile Application

THE TERMS AND CONDITIONS IN THIS SECTION APPLY TO ORDERS PLACED THROUGH Drinx.COM AND THE Drinx MOBILE APPLICATION. PLEASE CLICK HERE FOR THE TERMS AND CONDITIONS APPLICABLE TO ORDERS PLACED THROUGH VINTAGES.COM.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE ("TERMS AND CONDITIONS") CAREFULLY BEFORE PLACING AN ONLINE ORDER. These Terms and Conditions govern the sale by the Liquor Control Board of Ontario ("Drinx") to you of products ("Products") through Drinx's website located at drinx.ca (the "Drinx.com Website") and Drinx Mobile Application. Drinx reserves the right to change these Terms and Conditions of Sale at any time without prior notice by posting changed Terms and Conditions of Sale on Drinx.com Website, and you are advised to review Drinx.com Website regularly for any changes. These Terms and Conditions of Sale were last updated on November 20, 2017. By placing an order through Drinx.com Website or Drinx Mobile Application, you agree to be bound by the Terms and Conditions in effect at the time of such order.

AGE

You must be 19 years of age or older to purchase Products. By submitting an order for Products, you represent that you are 19 years of age or older and you are not purchasing Products for anyone who is younger than 19 years of age. When you or your designated alternate person picks up or signs for the Products ordered you may be required to present proof that you are 19 years of age or older. Acceptable proof includes a valid driver’s licence, passport, citizenship card and BYID photo identification card.

THIRD PARTIES ACTING ON DRINX'S BEHALF

Your personal information is provided by Drinx to third parties in order to facilitate payment and delivery. Drinx only transfers your personal information to third parties who have agreed to comply with appropriate privacy and security standards.

PAYMENT BY CREDIT CARD

Payment can be made by VISA, MasterCard or American Express. Please complete the credit card section at the checkout page in full. Drinx uses a payment gateway provider’s server to act as the link between Drinx and Drinx’s bank. Drinx does not store any credit card information on its systems.

By submitting your order, you represent that you are authorized to use the designated credit card and you authorize Drinx to charge your order to that credit card. When entering your billing information during the checkout process, you must enter the billing address associated with your credit card. Drinx reserves the right to obtain authorization from the issuer of that credit card and reserves the right to decline to accept any proposed credit card transaction.

PAYMENT BY DIGITAL WALLET

Drinx may allow payment to be made by a digital wallet or any other electronic payment system (“Digital Wallet”) on your mobile or wearable device, tablet, watch or other device (“Device”) that supports the Digital Wallet.

By submitting your order, you represent that you are authorized to use the Digital Wallet.

Drinx is not the provider of the Digital Wallet and is not responsible for its use and function. You should contact the Digital Wallet provider’s customer service if you have questions about how to use the Digital Wallet or if you experience problems with the Digital Wallet. Drinx is not responsible for any failure of the Digital Wallet or your inability to use the Digital Wallet for any transaction. Drinx is not responsible for any loss, damage or inconvenience you suffer as a result of (a) Drinx refusing to accept the Digital Wallet payment; or (b) any damage to your device caused by the Digital Wallet.

AVAILABILITY

Every effort has been made to accurately report inventory quantities of the goods offered on Drinx.com Website and Drinx Mobile Application. Some of the goods, however, are available in relatively small quantities. Some items referred to on Drinx.com Website and Drinx Mobile Application may be or become out of stock.

If Drinx is unable to fill an order for a Product ordered through Drinx.com Website or Drinx Mobile Application, you will be notified by email and we will only charge on your credit card for the Products that were fulfilled.

ORDER QUANTITIES

Drinx reserves the right to limit order quantities. Minimum and maximum order quantities as well as order values will be set and changed from time to time. Drinx may reject an order if it appears you are attempting to circumvent an order limit.

PRICING

Prices quoted on Drinx.com Website and Drinx Mobile Application are in Canadian dollars. Prices are subject to change without notice.

DELIVERY

Products ordered can be delivered to any address in Ontario. Orders cannot be delivered to a PO box. Please ensure you provide a physical street address. Next Business Day Delivery is available in select areas of Ontario only and may not be available for certain Products. Delivery times may be affected by weather or order volumes. Orders must be paid in full before they are delivered to their destination.

You will be contacted by email once your order has shipped. Products will only be delivered to a person 19 years of age or older, who is not intoxicated. It is your responsibility to be at the delivery address to receive your shipment. The Delivery Person will not leave Products unattended.

Title to Products passes from Drinx to you when you receive them at the delivery address you indicated in your order.

IMPORTANT: If you are not at the delivery address to receive your delivery the Delivery Person will keep Products in storage for fifteen (15) days before they are returned to Drinx. Once Products are returned to Drinx, we may cancel your order and issue a refund back on your credit card.

DELIVERY CHARGES

There is a flat fee delivery charge for each order for Products delivered to the delivery address you indicated in your order.

ERRORS

Drinx attempts to ensure that the information on Drinx.com Website and Drinx Mobile Application is accurate. However, no warranty of accuracy or completeness is expressed or implied. Drinx expressly reserves the right to correct errors and to change or update information on Drinx.com Website and Drinx Mobile Application at any time without notice. If a Product offered on Drinx.com Website or Drinx Mobile Application is not as described, your only remedy is to return it for a refund. In the event of an error in an order confirmation, in processing an order, in delivering a Product or otherwise, Drinx reserves the right to correct the error and revise your order accordingly or to cancel the order and to refund any amount charged to you. Your only remedy in the event of an error is to cancel your order and to obtain a refund.

REFUNDS

Customers may return any product purchased through Drinx.com Website or Drinx Mobile Application (except gift cards) that is in saleable condition within fourteen (14) days of purchase. The Customer will be refunded in the applicable tender as used for the purchase (i.e. debit/cash purchases returned as cash, credit card purchases returned to original credit card, gift card purchases returned to a gift card, all mobile or near field purchases will be returned to credit card of origin.). Please note that delivery charges are non-refundable.

GOVERNING LAW

These Terms and Conditions and each purchase of Products through Drinx.com Website and Drinx Mobile Application are governed by, and shall be construed in accordance with, the laws of the Province of Ontario.

FORCE MAJEURE

Drinx shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.

DISCLAIMER AND LIMITATION OF LIABILITY

Except as expressly set out in these Terms and Conditions, there are no warranties, representations or other agreements regarding the Products ordered through Drinx.com Website and Drinx Mobile Application. To the extent permitted by law, Drinx shall not be liable to you for indirect, special, consequential, incidental or punitive damages (including, without limitation, damages for or in relation to lateness in delivery, loss of revenue or profits, or the cost of substitute goods), arising directly or indirectly from any breach of contract (fundamental or otherwise) or from any warranties contained herein, or from any acts or omissions that may give rise to legal liability (whether in tort, including for negligence, strict liability or under any other theory of legal liability), regardless of whether or not such damages were foreseeable. In no event shall the liability of Drinx arising out of or related to any order exceed the total amount paid by you pursuant to such order.

DISCONTINUANCE

Drinx may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.

PRIVACY POLICY

Drinx is committed to protecting the privacy and confidentiality of its customers' personal information. Drinx Privacy Policy can be found at https://drinx.ca/corporate/privacy_policy.