Vino Al Vino Inc. – Terms of Service 

These Terms of Service ("Terms") govern your access to and use of the website (the “Site”), consulting services, and software as a service ("Services") provided by Vino Al Vino Corp. ("we", "our", "the Company" or “Vino Al Vino”). By using this Site or any part of it, accessing our Services, you agree that you have read these Terms as well as our Privacy Policy and that you accept and agree to be bound by them. If you do not agree to these Terms, please refrain from using our Site and Services. 

1. Account Registration and Passwords 

1.1 In order to access certain features of our Services, you may be required to create an account. You must provide accurate and complete information during the registration process and keep your account credentials confidential. You are responsible for all activities that occur under your account. 

1.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. 

1.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms & Conditions. 

1.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@vinoalvino.ca. 

2. Age Restrictions 

2.1 The Site is intended for individuals who are of legal drinking age in their respective jurisdictions. 

2.2 You must be of legal drinking age in your jurisdiction to use our Services related to the purchase, sale, or consumption of alcoholic beverages. 

2.3 Please refrain from accessing or using this website if you do not meet the legal drinking age requirements. 

3. Online Wine Marketplace 

3.1 Our online wine marketplace allows users to browse and purchase wine products through a licensed retailer. By using this service, you acknowledge that: 

3.2 We do not assume responsibility for the accuracy, quality, or legality of the listed products. Buyers are solely responsible for their transactions and they can choose any licensed retailer at will. 

3.3 The sale and shipment of alcoholic beverages are subject to local laws, regulations, and restrictions. It is your responsibility to comply with all applicable laws and regulations. 

3.4 Any transactions conducted through our marketplace are solely between the buyer and the seller. We are not a party to such transactions and do not guarantee the quality, condition, or legality of the products. 

3.5 The Site is intended for individuals who are of legal drinking age in their respective jurisdictions. Please refrain from accessing or using this Site if you do not meet the legal drinking age requirements. No orders will be fulfilled unless a customer meets the legal drinking age requirements of their local jurisdiction. 

4. Products or Services 

4.1 We shall make every effort to ensure that prices, descriptions and vintages of products or services on this website are up to date. All product or service descriptions and prices are subject to change at any time and without prior notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. 

4.2 All orders are subject to our acceptance and stock availability. 

4.3 We reserve the right to limit the quantities of any products or services that we offer. All orders are subject to confirmation of final availability. If a product is out of stock, we will notify you and we reserve the right to offer an alternative product of similar value and style, or to reject the order. 

4.4 We also reserve the right to refuse a refund to a Customer and offer credit instead. 

4.5 All pictures and images of the products displayed on this Site are for illustration purposes only and to help the Customer recognize the products. The actual size, dimension and colour of products may differ. 

5. Consulting Services 

5.1 We offer consulting services related to the wine industry. The information and guidance provided during consulting sessions are based on our expertise and experience but do not constitute legal, financial, or professional advice. 

5.2 While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or reliability of the consulting services. Any decisions made based on the information received during consulting sessions are at your own risk. 

6. Payment 

6.1 We accept payment by VISA, MasterCard, American Express credit cards via Stripe and PayPal payments.  The credit card used for shopping should be valid and under your own name. We shall not be liable for any credit card fraud. 

6.2 All product prices are listed in Canadian Dollars (CAD). 

6.3 If your payment cannot be processed, the order will not be accepted and you are advised to contact the card issuer to resolve any problem concerning the use of your credit card to continue with the order. 

6.4 We reserve the right to change the payment terms for any order without prior notice. 

6.5 We reserve the right to change the payment mode for products offered online at any time by announcement via website, email and/or any other means of public communications. 

6.6 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

6.7 Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. 

6.8 If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. 

6.9 In case of dispute, we reserve the right of final decision. 

7. Intellectual Property 

7.1 All intellectual property rights, including trademarks, copyrights, and any other proprietary rights, associated with our Site and Services, shall remain our exclusive property or the property of our licensors. 

7.2 We own or license all intellectual property rights in our Site and in the material published on our Site including text, images, photographs, video, audio, graphics, user interface. These works are protected by copyright laws and treaties throughout the world. Except as expressly provided in these Terms, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of our Site for any purposes. 

7.3 You are prohibited from reproducing, distributing, modifying, or creating derivative works of any content or materials from our Services without our prior written consent. 

7.4 You may use the content of the Site solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from our Site whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent. 

8. Prohibited Uses 

8.1 You are prohibited from using the Site or its content: 

8.1.1 for any unlawful purpose;

8.1.2 to solicit others to perform or participate in any unlawful acts; 

8.1.3 to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

8.1.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

8.1.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

8.1.6 to submit false or misleading information; 

8.1.7 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

8.1.8 to collect or track the personal information of others; 

8.1.9 to spam, phish, pharm, pretext, spider, crawl, or scrape; 

8.1.10 for any obscene or immoral purpose; or 

8.1.11 to interfere with or circumvent the security features of the Site and it’s services or any related website, other websites, or the Internet. 

8.2 We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses. 

9. Using Our Site 

9.1 We do not guarantee that our site, or any content on it, will always be accurate, available or uninterrupted. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. 

9.2 You are responsible for making all arrangements necessary for you to have access to our site. 

9.3 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable policies, terms and notices that are included on the Site, and that they comply with them. 

9.4 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. 

10. Errors, Inaccuracies and Omissions 

1.1 Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

1.1 We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website should be taken to indicate that all information in the Site or on any related website has been modified or updated. 

11. Third-Party Tools

11.1  We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

11.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

11.3 Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the relevant third-party provider provides tools. 

11.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms. 

12. Third-Party Links

12.1 Certain content, products and services available via our Site may include materials from third parties. 

12.2 Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 

12.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. 

13.  Data Protection 

We are committed to safeguarding the privacy of individuals with respect to personal data. For more information, read our Privacy Policy. 

14. Personal Information 

Your submission of personal information through the Site is governed by our Privacy Policy. 

15. Testimonials 

15.1 The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary. 

15.2 The testimonials on the Site are submitted in various forms, such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. 

15.3 The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. 

15.4 The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated. 

16. User Comments, Feedback and Submissions 

16.1 If, at our request, you send certain specific submissions (for example, competition entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

16.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions. 

16.3 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. 

17. Limitation of Liability 

17.1 You expressly agree that your use of, or inability to use, the Site is at your sole risk. To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising from your use of our Services. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

17.2 In no case shall Vino Al Vino, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

17.3 We engage third-party services for assembly, transportation and delivery. As such, we cannot be held responsible for services outside of our purview and control. 

18.Indemnification 

You agree to indemnify, defend and hold harmless Vino Al Vino and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third party. 

19.Force Majeure 

We shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control. 

20. Severability 

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such unenforceability shall not affect any other provision. 

21.Modifications to the Terms 

We reserve the right to amend or revise the Privacy Policy these Terms at any time, without prior notice. The updated Terms will be effective upon posting on our Site. It is your responsibility to review the Terms periodically for any changes. The last revision will be reflected in the "Last modified" section. Your continued use of the Site, following the notification of such amendments on our Site, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments. 

22. Termination 

We reserve the right to modify or update these Terms at any time, without prior notice. The updated Terms will be effective upon posting on our Site. It is your responsibility to review the Terms periodically for any changes. 

23. Entire Agreement 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

24. Governing Law and Jurisdiction 

24.1 These Terms shall be governed by and construed in accordance with the laws of the province of Alberta, Canada, without regard to its conflict of laws provisions. 

24.2 Any dispute arising out of or relating to these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts located in Alberta, Canada. 

25. Contact 

For more information about our terms of services, if you have questions or would like to make a complaint, please contact us by e-mail at info@vinoalvino.ca or by mail: 2112 27 Avenue SW, Calgary, AB, T2T1H7, Canada. 

Vino Al Vino Corp. is a federally registered corporation in Canada. 

Last Modified Date 

June 19, 2022