The Beer Store
Terms & Conditions
Updated: April 16, 2018
The terms and conditions (“Terms”) govern your access and use of the thebeerstore.ca website, the beerxpress.ca website and The Beer Store mobile application (App) (collectively the “Sites”), and the services provided within the Sites. Use of Beer Xpress is subject to additional terms (see Beer Xpress – Additional Terms).
LEGAL DRINKING AGE NOTICE
The Sites and the services provided therein should not be accessed or viewed by you if you are not of legal drinking age in your country, province, or state (19 and over in the province of Ontario, Canada) for the consumption of alcoholic beverages or if you are in a country, province or state where the consumption of alcoholic beverages or the content of the Sites are not permitted. You acknowledge that eligibility for participation in contests, promotions and other aspects of the Sites may be restricted to Ontario residents of legal drinking age (19 and over).
By accessing, browsing and using the Sites you are agreeing to these Terms. In addition, by clicking the "I ACCEPT" icon anywhere on the Sites, for example in registering for a contest or reserving an order through Beer Xpress, you are providing your signature and you are confirming your agreement to the following Terms and/or any other applicable terms and conditions on the Sites to which you have indicated your acceptance by clicking “I ACCEPT”. If you do not agree to these Terms, exit the Sites or discontinue your use of the Sites immediately.
The Beer Store and Brewers Retail may revise these Terms from time to time, so you should review them periodically to ensure proper compliance because they are binding on you.
AGREEMENT TO TERMS
Your use of the Sites may not be available or permitted for disclosure and use in all jurisdictions, and shall only constitute an "offer or solicitation" where permitted, and only to the extent permitted, by law. The Sites shall not be used where, and to any extent, such use is prohibited by law. Your use of the Sites from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Sites is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Sites due to any restriction, including any age restriction.
ENTRY AT YOUR OWN RISK
By entering the Sites and using the services provided, you acknowledge and agree that your use is at your own risk and that the Sites, The Beer Store, Brewers Retail, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering the Sites and the services provided are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of or browsing of the Sites or in connection with any content, information, data, promotions, activities, associated with the Sites, or in connection with your downloading of any materials, text, data, images, video or audio from the Sites, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
NO WARRANTY ON CONTENTS, INFORMATION AND MATERIALS
Although the specifications, features, illustrations, equipment and other information contained in the Sites are based upon reasonably current information, and while The Beer Store and Brewers Retail make reasonable efforts to ensure that the material on the Sites are correct, accuracy cannot be guaranteed and The Beer Store and Brewers Retail make no warranties or representations as to its accuracy.
The Beer Store and Brewers Retail rely upon others to provide the information that is included in the Sites without any direct or independent authentication, verification, assessment, and validation by whatsoever. All users of the Sites shall be solely and exclusively responsible to authenticate, verify, assess and validate all information that is included on the Sites. The information included in the Sites does not constitute, and shall not be considered, the advice, recommendation, or endorsement of The Beer Store and Brewers Retail.
UNLESS OTHERWISE AGREED TO IN WRITING BY THE BEER STORE AND BREWERS RETAIL, THE INFORMATION, CONTENTS OF THE SITES IS PROVIDED ON AN "AS IS" BASIS ONLY, AND IS FOR CONSUMER PRIVATE AND NON-COMMERCIAL END USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, THE BEER STORE AND BREWERS RETAIL, NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, AUTHENTICITY, VALIDITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION AND CONTENTS OF THE SITES.
COPYRIGHT BELONGS TO THE BEER STORE AND BREWERS RETAIL
The Beer Store and Brewers Retail are the owners of copyright of the Sites and other intellectual property related to the Sites. No portion of the Sites, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without The Beer Store and Brewers Retail prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on the Sites for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on the Sites in any other manner whatsoever and for any other purpose violates The Beer Store and Brewers Retail legal rights.
INTERNET NOT A SECURE MEDIUM
The Internet is not a secure medium, and neither the privacy of your communications, nor visits to the Sites, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The Sites may include incomplete information, inaccuracies or typographical errors. The Beer Store and Brewers Retail and any other persons involved in the management of the Sites, may make changes in the information and content included in the Sites at any time without notice. The Beer Store and Brewers Retail shall not be responsible for any detrimental reliance you may place on the Sites or its contents. Except as otherwise provided herein, by entering the Sites you acknowledge and agree that any communication or material you transmit to the Sites, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to the Sites may be used by The Beer Store and Brewers Retail anywhere, anytime and for any reason whatsoever.
Do not use the Sites to communicate to others, to post on the Sites, or otherwise transmit to the Sites, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. The Beer Store and Brewers Retail, Design Lab Inc. and all parties involved in creating, producing or delivering the Sites and its services, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above noted matters.
If the Sites contain bulletin boards, chat rooms, or other message or communications facilities, e-mail, (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:
- commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation, any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- delete any author attributions, trademarks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded;
- falsify the origin or source of software, information or other material contained in a file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and
- download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge and agree that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not monitored, screened, sanctioned or endorsed by The Beer Store, Brewers Retail and Design Lab Inc., and such communications shall not be considered reviewed, screened, or approved by The Beer Store, Brewers Retail and Design Lab Inc. The Beer Store, Brewers Retail and Design Lab Inc. reserves the right for any reason to remove at any time without notice any contents of the Forums received from users, including without limitation bulletin board postings. The Beer Store, Brewers Retail and Design Lab Inc. reserves the right to deny, in its sole and absolute discretion, any user access to this Sites or any portion, including Forums, thereof without notice.
Although the Sites may be linked to other websites, The Beer Store and Brewers Retail are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked website, unless specifically stated therein. By entering the Sites you acknowledge and agree that The Beer Store and Brewers Retail have not reviewed all websites linked to the Sites and is not responsible for the content of any off-website pages or any other website linked to the Sites. Your linking to any other off-website pages or other websites is at your own discretion and risk. We encourage you to read the terms and conditions of any website you visit.
REVISION OF THIS PAGE
The Beer Store and Brewers Retail reserve the right to revise these Terms concerning your future use of the Sites and the services provided through the Sites at any time and for any reason, without notice or obligation, to you.
By entering the Sites you acknowledge and agree that the Sites, including contests and any goods and services offered on the Sites, and these contractual Terms, shall be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of the Sites and all of the communications, transmissions and transactions associated with the Sites shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario, as the proper and most convenient forum concerning the Sites. If you use the Sites from another jurisdiction, you are responsible for compliance with any and all applicable local laws.
English shall be the language of the Sites, and all transactions occurring in connection with the Sites, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent Sites et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.
THE BEER STORE AND BREWERS RETAIL ACCESS CONTROL
We shall have the right, at all times, to prevent, intercept, prohibit or otherwise restrict, your access to and/or use of the Sites, including Forums , if The Beer Store and Brewers Retail determine, in their sole and absolute discretion, that you have not (or The Beer Store and Brewers Retail have a reasonable basis to believe or expect that you may not) fully complied with all of the provisions set out in this contract.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY SITES, OR UNDERMINE THE LEGITIMATE OPERATION OF A GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SITES PROVIDERS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
The Beer Store and Brewers Retail shall not be responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Sites or by any technical or human error which may occur in the processing of submissions in the Sites. The Beer Store, Brewers Retail and its partners and agents assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries.
Unless otherwise provided for in these Terms, The Beer Store and Brewers Retail shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or members on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to members or to any other person's computer related to or resulting from using services or downloading materials in the Sites. If, for any reason, the Sites are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of The Beer Store and Brewers Retail and its agents which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sites and the services offered through the Sites, The Beer Store and Brewers Retail reserve the right to cancel, terminate, modify or suspend the services or Sites indefinitely.
You agree to indemnify and hold harmless The Beer Store, Brewers Retail and its agents and partners, and their respective parents, subsidiaries, affiliate, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties alleging that the Sites includes obscenity, libel, slander, or infringes upon the third party's intellectual property or privacy rights, as direct result of your actions in the use of the Sites. You further agree to not knowingly, damage or cause interruption of the services on the Sites; prevent others from using the Sites; or obtain or modify another user's non-public account information without their consent.
INSTALLATION OF THE BEER STORE APP
The Beer Store App is available on both iOS and Android. Features of the Beer Store App include: using an interactive map to find Beer Stores near your location, adding your most visited Beer Stores to your favourites, viewing store hours, directions and brands carried, browsing over 450+ brands, descriptions and prices, and accessing Beer Xpress.
By downloading or installing The Beer Store App, published by The Beer Store, you consent to the installation of The Beer Store App, further described above and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling the App. To request removal or disabling of this App, please contact The Beer Store at 280 Sovereign Road, London, Ontario, N6M 1B3, Tel: 1-888-948-2337.
BEER XPRESS – ADDITIONAL TERMS
Beer Xpress is a service offered by The Beer Store that allows users to reserve products for pick up, by themselves or by a licenced liquor delivery service on their behalf as agent, in participating Beer Store retail outlets. Users may access Beer Xpress by visiting: thebeerstore.ca, beerxpress.ca or from The Beer Store App available on both iOS and Android. Users of Beer Xpress may browse from a selection of products, choose products to reserve, and then pickup and pay for those products at a participating retail outlet.
Beer Xpress, through its Payment Processor (defined below) collects and authorizes your credit card information making checkout by you at The Beer Store quick and easy. ALTHOUGH USERS OF BEER XPRESS MAY RESERVE PRODUCT THROUGH BEER XPRESS, THE PURCHASE OF ANY PRODUCT WILL BE CONDUCTED AND COMPLETED SOLELY WITHIN A PARTICIPATING RETAIL LOCATION OF THE BEER STORE.
In the case of an order picked up for delivery by a licenced liquor delivery service (“LDS”), the LDS will purchase the reserved product as your agent and will seek reimbursement directly from the Beer Xpress user.
The following additional terms apply to your use of Beer Xpress.
CREATING AN ACCOUNT
In order to use Beer Xpress, you can place orders as either a guest (“Guest”), or you can create an account (“Account” or “Accounts”). Accounts will save your preferences and allow you to place future orders more quickly.
You may never use another's account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. Although The Beer Store and Brewers Retail will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of The Beer Store and Brewers Retail or others due to such unauthorized use.
The Beer Store and Brewers Retail strive to provide accurate information about its products, services and any related pricing, but errors may occur. The Beer Store and Brewers Retail reserve the right to correct any errors in relation to its availability of products, services or regarding pricing and to modify at any time, without prior notice. The Beer Store and Brewers Retail cannot confirm prices until after you reserve a product and receive your reservation confirmation by email. Prices quoted are payable in Canadian dollars.
BILLING AND PAYMENT METHODS
In order to use Beer Xpress for pick-up service, you will require a valid credit card. The cardholder and the Guest or Account holder must be one and the same person. In order to make a reservation through Beer Xpress for pick-up service, your credit card information will be collected by our third party payment processor (“Payment Processor”); however, the Payment Processor will only complete the sale and process your credit card once you pick up your reserved product at the specific retail location on pick-up day. Your credit card will be charged the advertised price in your reservation confirmation and receipt. The terms of sale for your reserved product are those applicable to all in-store purchases as may be supplemented by these Terms and any terms on the confirmation of your reservation and receipt.
For delivery service, payment will be processed by a licensed liquor delivery service (the “LDS”). The Beer Store and Brewers Retail cannot, under current regulations, accept payment from the Guest or Account holder for product (or delivery service fees) to be delivered to home consumers, the LDS must purchase the product on your behalf. The LDS receiving the order will be paid by the Guest or Account Holder once the LDS delivers the product to you.
PICK-UP BY BEER XPRESS USERS
The Beer Store and Brewers Retail will send the Guest or Account holder an email to confirm a reservation is ready for pickup. All reserved product must be picked up prior to the close of business on the pick-up day. Reserved product that is not picked-up by close of business of the pick-up day will be canceled.
The Guest or Account holder must be the individual to pick-up his or her reservation. The Guest or Account holder must not be intoxicated at time of pick-up (determined at the sole discretion of The Beer Store staff at the applicable participating Beer Store location). Guest or Account holder must present a valid, piece of government issued photo identification. The following are items are accepted at Beer Store as forms of identification: Passport, Driver’s License with photo, B.Y.I.D Card, Military Issue I.D. with date of birth and photo, Government Issue I.D. with date of birth and photo and Health Card with photo. You will be refused service and your reservation will be cancelled without any liability to The Beer Store and Brewers Retail if you are not of legal drinking age or if you appear intoxicated.
Through our “We ID 25” program, The Beer Store and Brewers Retail require that our staff and licenced liquor delivery services ask for ID from anyone who appears to be 25 years old or younger. But it’s not just minors that we are watching out for – we will refuse services to those who appear to be intoxicated. In 2015, almost 3.7 million customers were asked for age identification or challenged for intoxication and almost 50,000 individuals were refused service.
The Beer Store and Brewers Retail is proud of our long history as partners of arrive alive DRIVE SOBER® (http://www.arrivealive.org) program, which encourages drivers to plan ahead, drink responsibly, use designated drivers, take cabs or stay overnight.
TERMS OF RESERVATION FOR DELIVERY SERVICE
The Beer Store and Brewers Retail does not itself deliver products to home consumers and does not charge any fees for reservation services rendered. By completing a reservation through Beer Xpress, the Guest or Account holders authorizes The Beer Store and Brewers Retail to forward the reservation, through a third party technology service provider, to a liquor delivery service (“LDS”) licenced by the Alcohol and Gaming Commission of Ontario to deliver liquor to home consumers.
The assigned LDS will contact the Guest or Account holder to confirm its appointment as the agent of the Guest or Account holder to purchase and deliver the reserved products on its behalf and the assigned LDS must be the individual who picks-up reserved products. The LDS must not be intoxicated at time of pick-up (determined at the sole discretion of The Beer Store staff at the applicable participating Beer Store location) and must provide identification matching the LDS assigned to the reservation and receiving the order from the customer.
The LDS, acting as the agent of the Guest or Account holder, will purchase the reserved product from the Beer Store and charge the Guest or Account holder for the cost of the product as well as a delivery service fee in compliance with applicable regulations. The Beer Store and Brewers Retail cannot, under current regulations, accept payment from the Guest or Account holder for product (or delivery service fees) to be delivered to home consumers, the LDS must purchase the product on your behalf. The LDS receiving the order will be paid by the Guest or Account Holder once the LDS delivers the product to you.
Upon delivery of the reserved product, the Guest or Account holder must be the individual who made the reservation, must not be intoxicated and present a valid, piece of government issued photo identification. The following are items are accepted at Beer Store as forms of identification: Passport, Driver’s License with photo, B.Y.I.D Card, Military Issue I.D. with date of birth and photo, Government Issue I.D. with date of birth and photo and Health Card with photo. You will be refused service and your reservation and delivery will be cancelled without any liability to The Beer Store and Brewers Retail or the LDS if you are not of legal drinking age or if you appear intoxicated.
PRIVACY AND SECURITY
The privacy and security of your personal information is important to The Beer Store and Brewers Retail. Secure Sockets Layer (“SSL”) technology is used to protect the security of your credit card information as it is transmitted and processed. SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address. Nevertheless, there are certain risks associated with using the Internet.
The Beer Store and Brewers Retail appreciate your interest in our Sites, products and services, and for reading these Terms. If you have any questions about these Terms or concerns regarding all services described hereunder, please contact us.