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Terms of Service for Alberta

Welcome to the Internet site of BIN 905 (the "Website"), operated by Bin 905 (Alberta) Ltd. (referred to herein as "Bin 905", the "Company", "we," "us," or "our") and powered by software licensed to Bin 905 by WineOnline Marketing Company Ltd. ("WineOnline" or "WineOnline.ca"). WineOnline also provides software and web-based solutions to manufacturers, agents and distributors of wine in other provinces, and acts as a wine purchasing agent in Ontario.

PLEASE NOTE THAT YOUR USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"), WHICH COMPRISE AN AGREEMENT BETWEEN USERS OF THE WEBSITE AND BIN 905 (THIS "AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE. YOUR USE OF THE WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY BIN 905 OR BY WINEONLINE.CA ACTING ON DIRECTION FROM BIN 905, FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE WEBSITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.

How We Operate

The Company is the holder of a Class D Retail Store Licence No. 768576-1 issued by the Alberta Gaming and Liquor Commission ("AGLC") under Subclass 476(a) of the Gaming and Liquor Regulation, A.Reg. 143/96 (the "Regulations"). To effect the sale of liquor authorized by that licence, the Company has entered into a Software Licence Agreement with WineOnline in which WineOnline is supplying the Company with WineOnline´s proprietary software for the purposes of the Company´s offering liquor for sale and delivery to the Company´s customers in Alberta. All sales of liquor offered for sale on the Website are being effected by the Company; WineOnline is not selling, offering to sell, or arranging for the delivery of liquor on its or the Company´s behalf.

AGLC policy does allow the Company as a liquor licensee to advertise our products on the internet and allows our customers to place their orders online through the Website.

The wine prices shown on the Website are inclusive of Bin 905´s sale price, AGLC licensee discounts and markups, royalties and its sales expenses. All wine is held by Bin 905 in its licensed store until your order is placed. Wine is not available directly or indirectly from WineOnline.ca nor does WineOnline.ca have any liquor on its premises.

User Obligations

The sale of beverage alcohol is heavily regulated. You are responsible for compliance with all applicable laws, particularly in connection with the shipment of liquor, applicable to purchasers and consumers of liquor. Bin 905 may not ship liquor outside of the Province of Alberta, and you will make no requests to the contrary. You agree not to do any of the following while using the Website:

  • Intentionally or unintentionally violate any applicable law or regulation including making an offer to purchase or delivery arrangement for wine by or on behalf of a person not of legal drinking age.
  • Access, tamper with, or use nonpublic areas of the Website or Bin 905´s or WineOnline.ca´s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Website except as permitted in writing by Bin 905 or by WineOnline.ca.

The Sale of Alcoholic Beverages

Bin 905 does not sell, offer to sell or arrange the delivery of liquor to persons under the age of 18. By using this site you swear and affirm that you are of the age of 18 or over. Bin 905 makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 18. By using the Website you are acknowl edging that the person receiving a shipment of alcoholic beverages ordered from the Website and fulfilled by Bin 905 is of the age of 18 or over. If you do not agree with these conditions of use you are prohibited from using the Website. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 19, Bin 905 will report the infraction to the AGLC which may prosecute you fully to the extent allowable by law.

Upon delivery, proof of age may be required in the discretion of the delivery agent. The delivery agent will not complete the delivery of liquor to any person who appears intoxicated.

Nor are you permitted to sell wine except in accordance with the Gaming and Liquor Act, R.S.A.2000 c.G-1, and the Regulations. If your intention is to sell wine for profit for consumption or otherwise, you may only do so pursuant to a liquor licence for an establishment, facility or manufacturer, issued by the AGLC. If your intention is to sell wine for consumption or otherwise at occasional special events only held outside a residence (a "Private Re-Sale Licence"), or to provide for the consumption but not the sale of wine at an indoor or outdoor event open to the public (a "Private Non-Sale Licence"), you may only do so pursuant to a Special Event Licence ("SEL") issued by the AGLC. IT IS ILLEGAL TO SELL WINE IN OR FROM A PRIVATE RESIDENCE. When selling or providing for the consumption of wine under liquor licence or SEL, you are responsible for the safety and sobriety of the people attending the event as well as for compliance with all applicable laws and regulations.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Website by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Bin 905 or of WineOnline.ca. Neither Bin 905 nor WineOnline.ca endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Website by anyone other than authorized Bin 905 or WineOnline.ca employees acting in their official capacities.

Links

The Website may contain links to other web sites or resources. You acknowledge and agree that neither Bin 905 nor WineOnline.ca are responsible or liable for (1) the availability or accuracy of such other web sites or resources; or (2) the content, advertising, or products on or available from such other web sites or resources. You acknowledge that use of any third-party website is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Bin 905 or WineOnline.ca of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Bin 905 for the Website and the third-party site may provide less security than the Website. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and neither Bin 905 nor WineOnline.ca shall have any liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

How we use this information

Bin 905 and WineOnline may use the personally identifiable information collected on the website to contact customers regarding products and services offered by Bin 905 to the extent the User has agreed to it. We may also use this information for research purposes regarding the effectiveness of our website services, marketing, advertising this information with a third party either for free or by selling it, unless you specifically authorize such disclosures. If you would prefer not to hear from us, we ask that you decline the option of receiving any communication from WineOnline.ca or any Licensee.

Protection of Content Provided by WineOnline.ca and Its Licensors

All text, graphics, logos, icons, images, audio clips and software on the Website ("Site Content") are copyrighted materials owned by or licensed to either Bin 905 or WineOnline.ca. The Site Content may contain trademarks, service marks and trade names which are owned by or licensed to either of Bin 905 or WineOnline.ca, or either of their affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by WineOnline.ca, Bin 905, either of their affiliates, or third parties. Unless authorized in writing by an officer of WineOnline.ca or Bin 905 as the case may be, neither WineOnline.ca's nor Bin 905´s trademarks may be used in connection with any product or service that is not either that of the Licensee or WineOnline.ca's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WineOnline.ca or Bin 905.

You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Bin 905, WineOnline.ca or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. . You also may not "mirror" any material contained on the Site on any other server. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Website. Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of WineOnline.ca, Bin 905, any of their respective affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to WineOnline.ca, Bin 905, their respective affiliates, licensors, and/or any third party, as applicable.

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, the Website pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of the Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on either Bin 905´s or WineOnline.ca´s infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses or malware.

Any unauthorized use of any Site Content will violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations

Notices

Bin 905 will give you any necessary notices by posting them on the Website. You authorize Bin 905 to send or to authorize the sending on its behalf of notices via electronic mail as well if Bin 905 decides, in its sole discretion, to do so. You agree to check the Website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Website.

Disclaimer of Warranties

ALTHOUGH BIN 905 ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE WEBSITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE WEBSITE. NEITHER BIN 905 NOR WINEONLINE.CA WARRANT THAT YOUR USE OF THE WEBSITE, OR THE OPERATION OR FUNCTION OF THE WEBSITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. NEITHER BIN 905 NOR WINEONLINE.CA AND EITHER OF THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEBSITE. THE WEBSITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL WINEONLINE.CA. BIN 905 AND/OR WINEONLINE.CA´S OR BIN 905´S SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINEONLINE.CA, BIN 905 OR ANY OF THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS WINEONLINE.CA'S AND BIN 905´S LIABILITY OR YOUR REMEDIES.

Privacy Policy and Password Protection

Your use of the Website is governed by the Bin 905 Privacy Policy.

It is imperative you take responsibility for the security of your Website name and password. Regardless of the location from which you are using the Website, it is important to log out after your session ends.

Termination of your Bin 905 Account

You agree that Bin 905 may, with or without cause, immediately terminate your Bin 905 account and/or access to the Website without prior notice. Without limiting the foregoing, the following will lead to a termination by Bin 905 of a user's account: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems. Termination of your Bin 905 account includes removal of access to all wine offerings and use of the Website. Furthermore, you agree that all terminations shall be made in Bin 905´s sole discretion and that neither WineOnline nor Bin 905 shall be liable to you nor any third-party for any termination of your account or access to the Website.

Force Majeure

Bin 905 shall be excused from performance under this Terms of Service if it is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Bin 905 .

General Provisions

You agree that Bin 905 and/or WineOnline.ca and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Website may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of either Bin 905 or WineOnline.ca to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WineOnline.ca and Bin 905 in writing. The Terms of Service, along with the Bin 905 Privacy Policy, comprises the entire agreement between you and Bin 905 and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Bin 905 Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Bin 905 shall be null and void. These Terms of Service will inure to the benefit of Bin 905 and its licensor´s successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

If you have any questions about these Terms of Service, please email us at info@bin905.com.