Terms and Conditions
Welcome. This website, its content, products and services are operated by Sleeman Breweries Ltd. These terms and conditions of use applies to your access to and online purchase of Sleeman Breweries Ltd. products and services (“Products”) from our Store and constitutes a binding legal agreement entered into by and between you and Sleeman Breweries Ltd. 4580 Quesnay Wood Dr SW, Calgary, AB T3E 7J3 , (”Sleeman,” “we,” “us,” “our”) The following terms and conditions together with any polices, including shipping, order confirmation, refund and / exchange policies, and any special offers, are expressly incorporated by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and online purchases of our Products through yyconlineshop.wildrosebrewery.ca (the “Website”). These Terms and Conditions does not replace any other agreements you may have entered into or may enter with us.
BY USING THE WEBSITE AND MAKING A PURCHASE (IF APPLICABLE), YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY NOTICE, FOUND AT yyconlineshop.wildrosebrewery.ca (“PRIVACY NOTICE”), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE THE WEBSITE.
2. Legal Drinking Age
By using this Website and purchasing any Products, you represent and warrant that you are of legal drinking age in your province, and meet all of the foregoing eligibility requirements. If that is not the case, you must not access or use the Website.
3. Modifications to the Terms and Conditions
We reserve the right to revise and update these Terms and Conditions from time to time without prior notice. Any such modifications are effective immediately upon posting and apply to all access to and continued use of the Website and Store. Your continued use of the Website following any such change constitutes your agreement to be bound by the Terms and Conditions as changed. It is suggested you check back frequently for updates.
We encourage you to read our Privacy Notice [NTD: insert hyperlink]. It explains how we collect, use, disclose and otherwise manage your personal information when you visit our Website and purchase our Products.
5. Permitted Use
The Website, the Shop and our Products are offered solely for your own personal, informational, non-commercial, and non-competing use, and any such use is at your own risk.
6. Prohibited Use
In addition to the requirements set forth in other sections of these Terms and Conditions, you agree not to access and/or use the Website, Shop, Products or related service for any purpose not expressly authorized by these Terms and Conditions and/or transmit, post, or distribute to the Website content that:
(a) constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes;
(b) contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders or offline readers;
(c) collects information about others, including but not limited to, users’ e-mail, passwords or other account information;
(d) imposes an unreasonable load on the Website’s infrastructure;
(e) copies or distributes any part of the Website in any medium without Sleeman’s prior written authorization;
(f) reverse engineers or decompiles the software comprising or included in the Website;
(g) collects or harvests any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes; and/or
(h) solicits, for commercial purposes, any users of the Website.
7. Limited Permission to Public Search Engines
Notwithstanding section 6, Sleeman grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sleeman reserves the right to revoke these exceptions either generally or in specific cases.
8. Create an Account
You will have the option to create an account that will allow you to access some features of the Website, (“Account” or “Accounts”). 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. You must notify Sleeman immediately of any breach of security or unauthorized use of your Account. Although Sleeman will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Sleeman or others due to such unauthorized use.
You can access, view, update and make changes to your Account, by going to the control panel in your Account.
We reserve the right at any time, to disable or terminate your Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
9. Pricing and Product Details
We strive to provide accurate information about our Products, services and any related pricing, but errors may occur. We 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. Sleeman cannot confirm prices until after you reserve a Product and receive your reservation confirmation by email. Prices quoted are payable in Canadian dollars.
Without limiting the generality of these Terms and Conditions, in the event that the price of a Product (as described on the Website and/or the confirmation order you receive) is incorrect due to an error in pricing, Sleeman may, at our sole discretion, refuse or cancel your order, whether before or Sleeman’s acceptance thereof. If there is such an error in pricing, we will cancel your order and reverse any charges that have been applied. We will then contact you to ask you to place a new order for the Product at the correct price.
We do not guarantee that the images (color, size, etc.) of our Products online will be identical in person, as monitors and websites may distort images. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.
10. Billing and Payment Methods
In order to purchase Products from the Shop, you will require a valid credit card. The cardholder and the Account holder must be one and the same person. In order to make a purchase through the Shop, your credit card information will be collected by our third party payment processor (“Payment Processor”). Your credit card will be charged the advertised price in your confirmation and receipt, plus any applicable taxes, deposits and fees.
Our Payment Processor collects and authorizes your credit card information making checkout at the Shop quick and easy. By completing your online purchase, you authorize our Payment Processor to charge your credit card.
11. Delivery and Pick Up
At checkout, you may have the option to receive delivery or to pick up your product. Click here to review our Shipping Policy, which forms part of the Terms & Conditions.
For Pick-up, the individual presented for pick-up must be the Account holder.
For delivery, there must be someone home who is of legal drinking age.
We reserve the right to cancel or modify any online purchase of Products. We further reserve the right to refuse service to anyone, including those who appear intoxicated
All beer and merchandise sales are final. Merchandise exchanges are permitted for the same item only. Please have your original proof of purchase.
13. Electronic Contracting
You hereby consent to the exchange of information and documents between you and Sleeman over the Internet or by email and that these Terms and Conditions (together with any applicable order confirmation(s)) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You further consent to receive electronic SMS / text transactional messages updating you on the delivery of your purchase.
14. Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features and functionality of the Website, including, but not limited to all information, Product details, software, graphics, page headers, images, illustrations, video clips, text and the underlying computer code is owned or licensed by us and are protected intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. The copying, redistribution, or publication of any of the material contained in the Website without the prior written consent of Sleeman is prohibited.
The Sleeman name and all related names, logos, product and service names, designs, images and slogans are trademarks of Sleeman Breweries Ltd. or its affiliates or licensors. You must not use such marks without the prior written permission from us.
15. Third Party Websites
For your convenience, our Website may provide links or pointers to third party sites, including social media platforms. We provide these links for your convenience. We make no representations about any site that may be accessed from this Website. You are subject to any terms and conditions of such third party sites.
16. Geographic Restrictions
Certain aspects of our Website, including our Shop, may be restricted for use by persons located in certain jurisdictions.
17. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, SHOP, AND ANY PRODUCTS OR SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, THE SHOPE, AND ANY PRODUCTS OR SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER WE NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE FORUM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
18. Limitation on Liability
UNDER NO CIRCUMSTANCE WILL SLEEMAN, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED SITE, NOR ANY CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Sleeman, its affiliates, and their respective directors, officers, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your online purchases from the Shop, third party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions and any third party liability related to you uploading your data.
20. Governing Law and Jurisdiction
Customers in Ontario:
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Customers in Alberta:
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Alberta or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. or unenforceability
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
23. Entire Agreement
The Terms and Conditions and our Privacy Notice constitute the sole and entire agreement between you and Sleeman regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. If you purchased a Product from our Shop, the order confirmation you receive also forms part of your online consumer agreement.
If you wish contact Sleeman relating to this Website and / or your purchase of Products, please contact us at: email@example.com
DATE: May 21, 2020