A. Activities. We operate an exclusive membership club for discerning wine, spirits and food enthusiasts [TBC] (our “Activities”) in compliance with applicable laws and regulations. We are not responsible for the sale of any products and/or any related services or experiences (collectively the “Products”) promoted on the Website, nor the importation or delivery of such products and the provision of such services and experiences. Under no circumstances do we promote irresponsible alcohol consumption.
B. Purpose. The Barrel Hunter Club inc. (“Barrel Hunter Club”, “we”, “us” or “our”) operates the Internet website barrelhunterclub.com (the “Website”). Your use of the Website is subject to the following terms and conditions, as amended from time to time (the “Terms”). It is your responsibility to visit the Terms periodically to ensure that you accept any changes. Your continued use of the Website supposes your agreement to such changes.
By using the Website, you acknowledge that you have read and understood the Terms and agree to be bound by such Terms and to comply with all applicable laws and regulations governing or relating to our Activities (as defined below). If you do not accept the Terms, you are not authorized to use the Website in any way whatsoever.
C. Access. The Website may become unavailable due to maintenance, updates, software malfunction or any other reason. We reserve the right to alter, suspend or discontinue the Website at any time and for any reason, without prior notice.
D. Use of the Website. You agree to use the Website for legitimate purposes and in compliance with applicable laws and regulations, including but not limited to intellectual property and privacy law. If you fail to comply with the Terms, we reserve the right to immediately deactivate or delete your account and/or prohibit you from using and accessing the Website. We shall not be liable to you or any third party for any deactivation or deletion of your account, or any termination or cancellation of your access to, or use of, the Website.
E. Legal Requirements. You represent and warrant that you comply with age of majority in your province or territory of residence and are legally capable of entering into a contract. You must meet these conditions in order to use the Website and/or to order and receive Products from any retailer or third-party partners we promote. You are solely responsible for complying with all applicable laws namely the ones related to the importation, purchase and consumption of alcohol. We make no representation to the rights of anyone to import alcoholic beverages into any province outside of Alberta.
F. User Obligations. To ensure the respect of our web property, you agree to refrain from intentionally or unintentionally violating any applicable law or regulation, including but not limited to the laws relating to the importation, purchase and consumption of alcohol, accessing, tampering with, or using non-public areas of the Website or our technological systems and from framing or connecting to any feeds of the Website except as authorize in writing by Barrel Hunter Club. You represent and warrant that you are of legal drinking age in the province or territory where you request the shipment of alcoholic beverages. Barrel Hunter Club, as well as the suppliers, producers, retailers and third-party partners with whom we collaborate, do not permit or process the sale of alcoholic beverages to individuals who are under the legal drinking age in their respective province or territory.
working of our infrastructures, including but no limited to unsolicited communications, attempts to gain unauthorized access, or the transmission or activation of computer viruses or malware.
K. Notices. We will post any necessary notices on the Website. You agree to visit the Website periodically for notices and to be considered as having received such notice when it is posted on the Website. You authorize us to send notices via electronic mail as well.
L. Your Personal Information. Please refer to our Privacy Policy for information regarding the collection, use and sharing of your personal information. [To be confirmed whether a separate privacy policy will be prepared]
M. Errors and Omission. We reserve the right to correct any errors or omissions at any time, at our sole discretion, and to change or update information on the Website, without prior notice. We do not undertake to update information and correct any defect on the Website, except as required by law.
N. Indemnification. You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses in any way arising from, related to or in connection with your use of the Website, your violation of the Terms or your violation of any law or right of a third party.
O. Limitation of Liability. We are not responsible or liable for any direct, 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 or a failure to provide services, 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. If you are dissatisfied with any portion of the Website or any of the Terms, your sole and exclusive remedy is to discontinue using the Website. We are not responsible or liable for any damages related to the purchase, consumption, shipping or delivery of Products through third-party partners promoted on the Website.
G. Links to Third-Party Websites. We do not review, endorse, approve, recommend or control, and are not responsible or liable for any opinion, advice, statement, Products, offers, events or other information or content expressed or made available on the Website by third parties. The links from or to websites outside our Website are for convenience only and accessible at your own risk. We make no warranties or representations regarding the content of any third party websites, or the accuracy or reliability of any opinion, advice, statement, Products, offers, events or other information or content expressed or made available on such websites. The use and access to any third-party websites is governed by the terms and conditions of such websites and not by the Terms set forth herein.
H. Account Security. If you sign up for an account on the Website, you agree to provide current, complete and accurate information on the application form. You are solely responsible for ensuring the confidentiality of your account and for all activities that occur under your account.
I. Use Comments, Feedback, and Other Submissions. You acknowledge your responsibility for the information, profiles, opinions, messages, comments and any other content (collectively the “Content”) that you post, distribute or share on or through the Website. You further acknowledge that you are entirely responsible for the Content, its legality, its accuracy and its intellectual property ownership. We reserve the right to edit, adapt, recreate, delete, publish or distribute any Content that you submit. You acknowledge that any Content becomes our exclusive property.
J. Protection of Website Content. All text, graphics, logos, icons, images, audio, video clips and software on the Website (collectively the “Copyrighted Content”) are protected by copyright and are owned by or licensed to Barrel Hunter Club. The Copyrighted Content may contain or display trademarks, service marks and trade names (collectively the “Trademarks”), belonging or licensed to Barrel Hunter Club or its affiliates or belonging to third parties. Trademarks may not be used to promote or advertise any content that is not related to our services or be connected in any other way to such content, including but no limited to in any way that falsely suggests that we are related to another person, trust, partnership or group of persons or is otherwise misleading.
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 Website Content in any way for any public or commercial purpose, or on any other website, networked computer environment or server, without our prior written consent or the written consent of the rights holder. In the event of a breach of the terms and conditions set out in this section, you must immediately destroy any copies you have made of the Copyrighted Content and we may, at our sole discretion, terminate or cancel your access to or use of the Website. No Copyrighted Content or any other content available on the Website shall be construed as conferring any license or right under any intellectual property rights of Barrel Hunter Club, its affiliates or any third party, including but not limited to copyrights, trade secrets, patents and trademarks.
By agreeing to the Terms, you agree not to use manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Website, to monitor or copy, or allow others to monitor or copy, the Website pages or the content included herein and not to “frame” or otherwise simulate the appearance or function of the Website. You also agree not to interfere in any way whatsoever with the proper
P. Entire Agreement. The Terms and any documents expressly referred to herein represent the entire agreement between you and Barrel Hunter Club in relation to the purpose of the Terms and nothing said or written previously which is not contained herein shall have any effect.
Q. Waiver. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. A waiver by us of any right arising out of a breach of the Terms shall be construed restrictively and as applying only to that breach. The only effective waivers from us are those communicated to you in writing.
R. Headings. Any headings and titles herein are for convenience only and shall not be deemed to be part of the interpretation of the Terms.
S. Severability. If any of the provisions of the Terms is declared invalid by a competent authority, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall continue in full force and effect.
T. Governing Law. Any dispute arising from or relating to the interpretation and application of the Terms shall be resolved in accordance with the laws in force in the Province of Alberta. Only the courts of the Province of Alberta shall have jurisdiction.