Last Updated: September 14, 2018
This application (the “App”) is owned, operated and provided by World Wine and Food Expo Inc., in conjunction with and on behalf of our subsidiaries, affiliates, related corporations and business names (collectively “Wine Expo Vins”).
By using the App or the website (collectively, the “Services”, or each a “Service”) you signify your agreement to these terms of service (the “Terms of Service”) and you agree that such consent has the same legal effect as a physical signature and/or written consent.
In these Terms of Service “you” and “your” refer to any person or entity who downloads, views, uses, accesses, or browses any content or material from the Site or the App. “We”, “us” and “our” refer to Wine Expo Vins.
If you do not agree to these Terms of Service, then please do not use the Site or the App. We reserve the right to modify these Terms of Service at any time without prior notice. You agree that each time you access the Site or the App, you shall be subject to the then-current Terms of Service, and continued use of the Site or the App now or following modifications in these Terms of Service confirms that you have read, accepted, and agreed to be bound by such modifications.
1. Acceptance of Terms of Service
By using, visiting, accessing or downloading the Site or the App, you agree to these Terms of Service as a binding legal agreement between you and us, without limitation or qualification. We will assume by your using, visiting, accessing or downloading the App that you are 19 or older since you have agreed to this when creating your account in the App.
If you violate any of the terms and conditions set out in these Terms of Service we will immediately and automatically terminate your authorization to use the App. You must then (i) immediately cease use of the Site and the App; and (ii) remove and delete any and all materials, content, products, software and applications downloaded or otherwise obtained from or in connection with the Site and the App.
2. Services Availability
The Site and the App are related to the Wine Expo Vins business activities, which are of an annual nature. Thus content and information will be updated as deemed appropriate by Wine Expo Vins to ensure timely, accurate and meaningful content. It is the intent of Wine Expo Vins to ensure that all relevant and related information has been updated and is available for use no later than November 1st of each calendar year.
3. Modifications to Services
We reserve the right to modify the Site and the App (or any part thereof), including but not limited to the Site and App’s features, look and feel, and functional elements without notice, including without limitation, through bug fixes, patches and version updates which add, modify and/or remove features of the Site and/or the App (collectively, “Updates”). You agree that we may install all such Updates as required in our sole discretion and without notice to you.
We reserve the right to modify the informations of any of the content or Services for any reason, including, but not limited to changing market conditions, product discontinuation, product unavailability, manufacturer price changes, supplier price changes, Alcool NB Liquor price changes and errors in advertisements and/or stated prices without notice to you.
In no circumstances will Wine Expo Vins be liable for any loss or damage for any modification of or price change to the Services and/or listed products (or any part thereof). In the event of a price and/or cost discrepency between the App and the prices charged by Alcool NB Liqour or any similar sales outlet, the prices stated by Alcool NB Liquor or other sales outlets will be deemed to be correct.
We reserve the right to discontinue – temporarily or permanently – the Site and the Apps without notice. You acknowledge that we may prevent your access to the Site and/or the App at any time in our sole discretion. In no circumstances will Wine Expo Vins be liable for any loss or damage for any suspension or discontinuance of the Site or the Services (or any part thereof).
5. Trademarks, Copyrights and Restrictions
The Site, the App and their contents, including but not limited to articles, newsletters, graphical images, interactive applications, audio and video material, compilations of material, and the user interface (the “Content”) are the property and copyrighted material of Wine Expo Vins, its licensors and vendors. “Content” also includes any material from the Site or the App that Wine Expo Vins delivers to you through e-mail. You may display the Content and otherwise use the Site and the App solely for your personal, non-commercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, link to, quote or sell any content except as expressly permitted by these Terms of Service. Modification of the materials or use of the materials for any other purpose is a violation of copyrights and other proprietary rights. For purposes of this Terms of Service, the use of any such material on any other Web site, Mobiel App or networked computer environment is prohibited.
6. Intellectual Property Infringement Claims
It is Wine Expo Vins’ policy to respond promptly to claims of intellectual property infringement, but we will require reasonable time to review any such claim and evaluate our possible response. If you believe the Site or the Mobile App infringe your intellectual property rights please contact us at firstname.lastname@example.org. We will require some proof that you are the intellectual property owner, or representative of the owner before we can review your claim.
Wine Expo Vins does not permit copyright infringing activities and infringement of intellectual property rights on the Site or the Apps, and Wine Expo Vins will remove content if properly notified that such content infringes on another’s intellectual property rights. We reserve the right to remove content from the Site and the App without prior notice.
7. Accuracy of Information
Wine Expo Vins makes all reasonable efforts to ensure that the content posted to the Site and the App is complete and current. However, we do not guarantee the quality, accuracy, completeness or timeliness of any such content. We assume no obligation to update the content of the Site or the App and do not represent or warrant that the Site or the App will be free of errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to promotions, product description, pricing and dates. We reserve the right to correct any error, inaccuracy or omission or to change or update the content of the Site and the App without notice to you.
The Site and the App are not intended to provide any legal, financial, insurance or other advice. Your use of or reliance on any information contained on the Site or the App is at your own risk.
The Site or the App may contain links to other non-related Wine Expo Vins websites (the “Third Party Sites”). We are providing you with access to the Third Party Sites for your convenience only. Wine Expo Vins is not responsible for the content, accuracy, or opinions expressed on the Third Party Sites, and we do not check the Third Party Sites for accuracy or completeness. A link from the Website to a Third Party Site does not imply any approval or endorsement of the Third Party Site by us. If you decide to leave the Site or the App and access a Third Party Site, you do so at your own risk.
9. Your Use of the Site and the Services
By using, visiting, accessing or downloading the Site or the App, you agree to use the Site and the App only as they are intended and as authorized by the Terms of Service. All other uses of the Site and the App are prohibited. Without limiting the generality of the foregoing, you agree that:
- you will not use the Site or the App in a way that damages, disables or impairs the use or enjoyment of the Site or the App by anyone else;
- you will not publish, distribute, prepare derivative works, copy, reverse engineer, the Site or the App;
- you will not use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site or the App;
- you will not redeliver any of the content of the Site or the Services using “framing”, hyperlinks, or other technology without express written permission;
- you will not mirror the Site or the App anywhere else;
- you will not use any device or technology to provide repeated automated attempts to access the Site or the App; and
- you will not attempt to gain unauthorized access to the Site or any Wine Expo Vins Account you are not authorized to access.
Wine Expo Vins reserves the right to suspend or prohibit any person from using the Site or the App at any time without notice for breach of the Terms of Service or for any other reason.
10. Wine Expo Vins Account Registration
To use the Wine Expo Vins Mobile App you must first register an account with Wine Expo Vins by providing a name and a valid email address, and any other information indicated as required. Wine Expo Vins may reject your application for a Wine Expo Vins Account, or cancel an existing Wine Expo Vins Account for any reason.
You must be at least 19 years of age, or the age of majority in your jurisdiction in which you reside in order to register a Wine Expo Vins Account.
You agree that Wine Expo Vins will use the email address you provide to us when you open your Wine Expo Vins Account as our primary means of communicating with you.
You agree to maintain the confidentiality of your Wine Expo Vins Account information and acknowledge that you are responsible for all activity on your Wine Expo Vins Account.
You agree to notify us immediately if there is any breach or unauthorized use of your Wine Expo Vins Account. In no circumstances will Wine Expo Vins be liable for any loss or damage from your failure to maintain the confidentiality of your Wine Expo Vins Account information.
11. Termination of your Wine Expo Vins Account
You may cancel your Wine Expo Vins Account by emailing us at email@example.com and then following the instructions provided. We may cancel your Wine Expo Vins Account in our sole discretion, at any time and for any reason.
Your use of the Site and the App is at your own risk. Wine Expo Vins does not guarantee, represent or warrant that your use of the Site or the App will be uninterrupted, timely, secure or error-free, or that no computer viruses, or any other malicious programs, software or malware will be transmitted, or that no damage will occur to your computer or other property. You have sole responsibility for adequate protection, backup and repair of your data and/or your computer equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
Neither Wine Expo Vins nor any other party involved in creating, producing or delivering the Site or the App shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of the use or performance of the App or your access to, or use of, or browsing the Site, or uploading content to the Site, or downloading of any applications, materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, the App and everything on the Site are provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Wine Expo Vins does not own, control, or operate any liquor store and therefore does not warrant anything with respect to such facilities. Wine Expo Vins is not responsible for wine or alcohol prices and availabilities. Prices are set at the sole discretion of the applicable liquor jurisdiction, including but not limited to Alcool NB Liqour.
IN NO EVENT SHALL WINE EXPO VINS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE, PERFORMANCE, OR INABILITY TO USE THE SITE OR THE APP, YOUR USE OF ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE (INCLUDING NEGLIGENCE ON THE PART OF WINE EXPO VINS, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to indemnify and hold harmless Wine Expo Vins, its affiliates, and their respective owners, officers, directors, employees and agents, from and against any and all claims, losses, and expenses arising from your violation of these Terms of Service or of any third party right including, without limitation, any copyright, property, or privacy right.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and us and govern your use of the Site and the App, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
If any provision of these Terms of Service is declared invalid or unenforceable, such finding will not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision will be deemed to be severed to the extent such severance is permitted under applicable law.
These Terms of Service shall be governed by the laws of the Province of New Brunswick and the laws of Canada applicable therein. All disputes, controversies or claims arising out of or in connection with the Site or the Services shall be submitted to and be subject to the jurisdiction of the courts of the Province of New Brunswick. You submit and attorn to the exclusive jurisdiction of the courts of the Province of New Brunswick to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site or the Services.