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 e +o Food and Drink.
e +o Food and Drink 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 the e +o Food and Drink Websites, and you are advised to review the e +o Food and Drink Websites regularly for any changes. These Terms and Conditions of Use were last updated on May 5, 2020. In any event, you agree that by accessing and using an e +o Food and Drink Website you are bound by these terms and conditions as the same may be changed from time to time.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the “Materials”) contained in the e +o Food and Drink 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 favor of, e +o Food and Drink 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 e +o Food and Drink. You may print, in hard copy, portions of an e +o Food and Drink Website only for the purpose of placing an order with e +o Food and Drink.
Certain names, words, phrases, logos, marks and designs that appear on e +o Food and Drink Websites (including, without limitation, “e +o Food and Drink”, “VINTAGES”, “FOOD & DRINK” and related words and logos) are official marks, trade-marks or trade-names of e +o Food and Drink in Canada. Nothing in this Agreement or on an e +o Food and Drink 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 e +o Food and Drink. The names of other companies, products, and services referred to on an e +o Food and Drink Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of e +o Food and Drink 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 the e +o Food and Drink 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 e +o Food and Drink 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 the e +o Food and Drink Website illegal, are not authorized to use the e +o Food and Drink Website.
USE AND RESTRICTIONS
You are only permitted to use an e +o Food and Drink 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 e +o Food and Drink 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:
a. take any action that imposes or may impose (to be determined in the e +o Food and Drink’s sole discretion) an unreasonable or disproportionately large load on the e +o Food and Drink’s infrastructure;
b. interfere or attempt to interfere with the proper working of an e +o Food and Drink Website, or any activities conducted on or with an e +o Food and Drink Website;
c. bypass any measures the e +o Food and Drink may use to prevent or restrict access to e +o Food and Drink Websites.
USER NAMES AND PASSWORDS
Some features of an e +o Food and Drink 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 e +o Food and Drink representative.
All login names and passwords remain the property of e +o Food and Drink, and may be cancelled or suspended at any time by the e +o Food and Drink without any notice or liability to you or any other person. e +o Food and Drink 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 e +o Food and Drink 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 e +o Food and Drink 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.
Any link, (including hyperlinks, buttons or referral devices of any kind) used on an e +o Food and Drink Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an e +o Food and Drink Website does not constitute an endorsement, recommendation or certification by e +o Food and Drink, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with e +o Food and Drink.
e +o Food and Drink generally does not object to links to e +o Food and Drink Websites from third party sites. However, there are certain conditions that must be followed: Unless e +o Food and Drink enters into a specific written agreement with you, you may not use any of the e +o Food and Drink names, logos, designs, slogans, or marks in or with your links, except that you may link to an e +o Food and Drink Website using the plain text names.
Do not present the link to an e +o Food and Drink Website in any way that suggests e +o Food and Drink has any relationship or affiliation with your site or in any way that suggests e +o Food and Drink endorses, sponsors or recommends the information, products or services on your site. Use of any of e +o Food and Drink’s content, names, logos, photographs, designs, slogans, or marks in any advertising, publicity, promotion, or in any other commercial manner without e +o Food and Drink’s written permission for a particular use is strictly prohibited.
Use of any of the e +o Food and Drink‘s names, logos, designs, slogans, or marks, or any other words or codes identifying an e +o Food and Drink Website in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without e +o Food and Drink‘s written permission for a particular use, is strictly prohibited.
e +o Food and Drink 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 e +o Food and Drink 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.
e +o Food and Drink reserves the right in its sole discretion to order you to delete or modify your link to an e +o Food and Drink Website for any reason.
The link to an e +o Food and Drink Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that would adversely affect the e +o Food and Drink’s name, reputation or goodwill.
The linking of your website to an e +o Food and Drink Website indicates your agreement to the foregoing terms and conditions.
You agree to indemnify, defend and hold e +o Food and Drink 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:
a. your infringement of any e +o Food and Drink 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 e +o Food and Drink Website;
b. any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an e +o Food and Drink Website; (ii) use of an e +o Food and Drink Website for any illegal purpose; or (iii) use of an e +o Food and Drink Website to achieve any unauthorized or prohibited access to computer systems and data;
YOU UNDERSTAND AND AGREE THAT:
A. USE OF AN e +o Food and Drink WEBSITE IS AT YOUR SOLE RISK. THE e +o Food and Drink WEBSITES ARE PROVIDED STRICTLY ON AN “AS IS”, “AS AVAILABLE” BASIS. e +o Food and Drink DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE e +o Food and Drink WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES e +o Food and Drink MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN e +o Food and Drink WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN e +o Food and Drink WEBSITE. LCBO 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 AN e +o Food and Drink WEBSITE IS DONE AT YOUR OWN RISK. e +o Food and Drink 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 AN e +o Food and Drink WEBSITE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL e +o Food and Drink 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 AN e +o Food and Drink WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN e +o Food and Drink WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN e +o Food and Drink WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF e +o Food and Drink 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.
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.