Terms of Service

Last Updated: 15-Mar-18

1 Introduction

This terms of service (the “Terms”) is a legal agreement between Booze Buddy Inc. (“Booze Buddy”, “we” or “us”) and you (“you”, “your” or “user”) which governs your use of our website at www.boozebuddy.ca (the “Site”) and the services provided by us and third party delivery vendors licensed to deliver liquor under the Liquor License Act (Ontario) (“Licensed Delivery Vendors”) on the Site (collectively, the “Service”). By accessing the Site or using the Service you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should cease using the Service immediately.



1.1 These Terms include our Privacy Policy which shall be subject to these Terms in the event of any conflict or inconsistency.



1.2 You must be 19 years of age or older to use the Service.



2 Restrictions on Use

2.1 As a condition of your use of the Service, you agree:



(a) not to use the Service for any purpose that is unlawful under applicable law, or prohibited by these Terms;



(b) not to infringe any third-party right;



(c) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Service or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;



(d) not to use the Service in a false or misleading manner;



(e) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Service or its Content except as permitted by us under these Terms or as expressly provided under applicable law;



(f) not to impose an unreasonable load on our infrastructure or interfere with the proper working of the Service; use any robot, spider, scraper or other automated means to access the Service and collect content for any purpose without our express written permission; or use the Service to distribute viruses or malware or other similar harmful software code;



(g) not to harvest or otherwise collect information about others, including email addresses, without their consent;



(h) not to bypass measures used to prevent or restrict access to the Service;



(i) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and



(j) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Service and shall be solely responsible for keeping your password and other account details confidential.



2.2 We reserve the right to prevent or revoke your access to the Service if you do not comply with any part of these Terms or any applicable law.



3 Ownership, use and intellectual property rights

3.1 This Site and all intellectual property rights in the Service are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.



3.2 Nothing in these Terms grants you any rights in the Service other than as necessary to enable you to access the Service. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Service and in particular in any digital rights or other security technology embedded or contained within the Site.



3.3 The use or misuse of any trade-marks or any other content on the Service except as provided in these Terms is strictly prohibited. Nothing contained on the Service shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.



4 Submitting information to the site

4.1 Any information which you submit to the Service is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.



4.2 You may not use the Service to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Service into disrepute. Although we reserve the right to monitor, edit, review or remove reviews and similar communications on the Service from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on the Service nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use reviews or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.



4.3 You acknowledge and agree that if you post a review you may be held legally responsible for damages suffered by other users or third parties if such remarks are defamatory or otherwise legally actionable. We are not legally responsible for any reviews posted by you or another user, even if such reviews are defamatory or otherwise legally actionable.



5 Terms of Sale and Delivery

5.1 You must be 19 years of age or older to order liquor products (including spirits, wine and beer) (“products”) through the Site. 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 or any other person.



5.2 All fees, including delivery fees, our service charge, and applicable taxes are included in the final order total for your acceptance on checkout. The product price displayed when you place an order is based on pricing information published by the merchant, and includes an 10% service charge per product. The product price may vary from the actual retail price charged by the merchant. Although we make commercially reasonable efforts to ensure our pricing information is up to date, such pricing is subject to frequent changes by the merchant. We reserve the right to charge the actual retail price paid by the Licensed Delivery Vendor at the time it purchased your product from the merchant.



5.3 By submitting your order, you represent that you are authorized to use the designated credit card or other electronic payment system and you authorize us to charge your order, and any additional fees described in these Terms, to that credit card or electronic payment system. We reserve the right to obtain authorization from the issuer of your credit card or electronic payment system and reserve the right to decline to accept any proposed transaction.



5.4 All orders are subject to availability. Our Licensed Delivery Vendors are prohibited from purchasing any products prior to receiving your order and are only permitted to deliver products during certain hours. Once you place an order, we will send a confirmation to the e-mail address associated with your account. The confirmation only confirms that we have received your order, but not that your order is available. If we are unable to fulfill an order for a product purchased through the Site, you will be contacted by telephone or email and advised of your options. We will only charge your credit card for the products that were fulfilled.



5.5 All deliveries of products are subject to and fulfilled in accordance with applicable law. Without limiting the generality of the foregoing, in order for the Licensed Delivery Vendor to complete the delivery,



(a) you, the person who placed the order, or another person who resides at the place of delivery and is at least 19 years of age must be available to take receipt of the order at a residential address in Ontario which is the same residential address provided in the order;



(b) you must present one valid photo identification such as: a driver’s license issued by the province of Ontario; a Canadian passport; a Canadian citizenship card; a Canadian armed forces identification card; a secure certificate of Indian status issued by the Government of Canada; a photo-identification card issued by the Liquor Control Board of Ontario; a permanent resident card issued by the Government of Canada; or a photo card issued under the Photo Card Act, 2008 (Ontario); and



(c) the person who accepts delivery must sign a delivery receipt provided by the Licensed Delivery Vendor.



We and our Licensed Delivery Vendors reserve the right to refuse delivery for any reason including, without limitation, if you fail to comply with the conditions set out in this provision, if you or the person who accepts delivery appears to be intoxicated; if we or the Licensed Deliver Vendor suspect the products were purchased for or may be consumed by an individual below the legal drinking age; or if doing so may cause us to violate our legal obligations. In such case, you will receive a refund for the price of products which were not delivered, less a $5.00 cancellation fee plus applicable taxes. Delivery charges are non-refundable.



5.6 Return requests may be made within 24 hours of delivery if the product is spoiled, not fit for consumption or if you were delivered the wrong product. Upon receipt of your request, we, in our sole discretion, will determine whether or not to accept the return and issue a refund to you. Returned products must be unopened and in their original packaging. Return requests may be made by contacting us at help@boozebuddy.ca.



5.7 All orders are final. However, if you would like to change or cancel an order, you can contact us at help@boozebuddy.ca and we may, in our sole discretion, make the requested change or cancellation. If we agree to cancel an order for products already purchased from the merchant, we reserve the right to charge a $5.00 cancellation fee plus applicable taxes.



6 Accuracy of information and availability of the Service

6.1 While we use reasonable efforts to include accurate and up-to-date information on the Service, we do not represent, warrant or promise (whether expressly or by implication) that any content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Service is at your own risk and we may suspend or terminate operation of the Service at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Service is provided for your general information purposes only.



6.2 The Service is only available during certain hours in accordance with applicable law. While, during such times, we make commercially reasonable efforts to ensure that the Service is available, we do not represent, warrant or guarantee in any way the Service’s continued availability at all times or uninterrupted use by you of the Service.



7 Links and third party sites

7.1 The Site may contain links or references to third party websites other than the Site. Any such links or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any link and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms of that third party site.

8 Warranties and limitation of liability



8.1 You agree that your use of the Service is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Service, including without limitation as to completeness, accuracy and currency or any content on the Service, or as to satisfactory quality, or fitness for a particular purpose.



8.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any content, the unavailability of the Service for any reason, and any representation or statement made on the Service.



8.3 We will not be liable for any loss or damage arising out of or in connection with your use of the Service including in connection with any order and/or the acts or omissions of any third party such as other users of the Service and Licensed Delivery Vendor or any other indirect, incidental, special, exemplary, punitive or consequential loss or damage you may incur in relation to the Service.



8.4 If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Service (including in connection with any order) exceed the greater of the order total, exclusive of taxes, from which your claim arises and (b) One Hundred Canadian Dollars ($100.00 CAD).



8.5 Notwithstanding any other provision of these Terms, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Service or for any other statutory rights which are not capable of being excluded.



9 Indemnification

9.1 You agree at all times to indemnify, defend and hold us harmless and our Licensed Deliver Vendors, agents, suppliers, vendors, affiliates and their respective officers, directors, employees and agents against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of your use of the Service; any alleged violation by you of these Terms; or any alleged violation of any applicable law.



10 General

10.1 These Terms are dated as of the “Last Updated” date set out above. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. We will notify you by posting the updated Terms on our Site and revising the “Last Updated” date above. By continuing to use and access the Service following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.



10.2 Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our address at help@boozebuddy.ca and all notices from us to you will be sent to you at the email address associated with your account or displayed on our website from to time.



10.3 If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.



10.4 These Terms together with the Privacy Policy contain the entire understanding and agreement between us and you in relation to your use of the Service and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.



10.5 You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.



10.6 These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties irrevocably submit to the exclusive jurisdiction of the courts of Ontario to settle any disputes and claims which may arise out of, or in connection with, these Terms.

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